We will endeavour to provide the holiday as detailed in these pages but we reserve the right to make changes to your holiday in the event of e.g. a houseboat or hotel falling below the standards that we require, and this happened between your booking and your arrival. This will not affect your statutory rights and you will be informed in accordance with The Package Travel, Package Holidays and Package Tours Regulations 1992 -
Regulation 12 "(a) where the organiser is constrained before the departure to alter significantly an essential term of the contract, such as the price (so far as regulation 11 permits him to do so), he will notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept a rider to the contract specifying the alterations made and their impact on the price; and
(b)the consumer will inform the organiser or the retailer of his decision as soon as possible."
• the travel destination(s) and, where periods of stay are involved, the relevant periods with dates;
• the means, characteristics and categories of transport to be used and the dates, times and points of departure and return;
• where the package includes accommodation, its location, its tourist category or degree of comfort and its main features and, where the accommodation is to be provided in a Member State, its compliance with the rules of that Member State;
• the meals which are included in the package;
• whether a minimum number of persons is required for the package to take place and, if so, the deadline for informing the consumer in the event of cancellation;
• the itinerary;
• visits, excursions or other services which are included in the total price agreed for the package;
• the name and address of the organiser, the retailer and, where appropriate, the insurer;
• the price of the package, if the price may be revised an indication of the possibility of such price revisions, and an indication of any dues, taxes or fees chargeable for certain services (landing, embarkation or disembarkation fees at ports and airports and tourist taxes) where such
costs are not included in the package;
• the payment schedule and method of payment;
• special requirements which the consumer has communicated to the organiser or retailer when making the booking and which both have accepted; and
• the periods within which the consumer must make any complaint about the failure to perform or the inadequate performance of the contract.
Any special requirements such as specific dietary needs agreed with the consumer when making the booking will be included in the contract.
Where, before departure, the organiser wishes to alter significantly an essential term of the contract he must notify the consumer as quickly as possible. The consumer must then be given the choice either to agree to the amended terms or to withdraw from the contract without penalty. If the consumer decides to withdraw from the contract, or if the contract is cancelled by the tour operator, the consumer is entitled to take a substitute package of equivalent or superior quality if the tour operator is able to offer him such a substitute, or take a substitute package of lower quality and to recover from the organiser the difference in price between the package purchased and that of the substitute package, or to have repaid to him as soon as possible all
monies paid by him under the contract. The consumer may also be entitled to be compensated by the organiser for the non-performance of the original package.
Surcharges may be applied solely to allow for variations in transportation costs, taxes or fees for certain services, and exchange rates. The contract would need to say that a price increase may be made in these limited circumstances and state how the surcharge is calculated and what part of the increase (expressed as a proportion of the cost of the package, excluding insurance and
amendment charges) will be absorbed by the operator. If the price increase amounts to less than 2% of the original cost of the package, it will in all circumstances be absorbed. If it amounts to more than 2%, we will absorb the first 2%. No price increase can be passed on in the period 30 days before departure.
The pre-contract information and contract content requirements of the Regulations are supplemented by the requirement to supply certain information to the consumer in good time before the holiday is due to start. This information is:
• the times and places of intermediate stops and transport connections and particulars of the place to be occupied by the traveller (for example, cabin or berth on ship, sleeper compartment on train);
• the name, address and telephone number -
i. of the representative of the other party to the contract in the locality where the consumer is to stay,
or, if there is no such representative,
ii. of an agency in that locality on whose assistance a consumer in difficulty would be able to call,
or, if there is no such representative or agency, a telephone number or other information which will enable the consumer to contact the other party during the stay;
• in the case of a journey or stay abroad by a child under the age of 16, information enabling direct contact to be made with the child or the person responsible at the place where he is to stay; and
• except where insurance cover is required as a term of the contract, information about an insurance policy which the consumer may, if he wishes, take out to cover the risks of cancellation or assistance, including emergency repatriation in the event of accident or illness.
Where the consumer cannot use the package due to circumstances beyond his control he may transfer his booking to a person who satisfies all the conditions applicable to the package, provided the consumer gives reasonable notice of his intention to transfer before the date when departure is due to take place. However, if a condition of the package is that it should be offered to the person at the head of a waiting list in the event of cancellation, then it need not generally
be transferred to a person of the consumer's choice.
The tour operator is liable to the consumer for any damage caused to him by the failure to perform the contract or the improper performance of the contract unless the failure or improper performance is due neither to any fault of the tour operator nor to another supplier of the package services, because, for example, it was the fault of the consumer or a third party unconnected with the provision of the services contracted for, or was due to unusual or unforeseeable circumstances which could not have been avoided even if all due care had been
exercised. For example, if the conditions are primitive the tour operator needs to warn prospective customers. Similarly if tourists tend to get harassed, etc.
Further evidence of your rights may be studied here: http://www.legislation.gov.uk/uksi/1992/3288/contents/made