where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compen sation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Including but not limited to, war or threat of war, riot, civil strife, hostilities, political unrest; government action; industrial dispute; natural or other disaster; nuclear incident; terrorist activity; adverse weather conditions; closure of airports; fire; flood; drought; re-scheduling; or cancellation of flights or alteration of the airline; or aircraft type by an airline and unavoidable technical problems and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to leave a country may constitute Force Majeure. 9. If you have a complaint We do our best to make your holiday a success. However in the event that you should wish to complain about any aspect of your holiday, you must notify our local representative. Our representative is there to help you and can usually deal with problems quickly and satisfactory. You must also inform the relevant supplier (e.g. hotel). If your complaint cannot be resolved on the spot and you wish to take up the matter after your holiday, a Complaint Registration Form, available from our representative, must be completed in resort before you return. One copy of this form will be given to you and you should then follow this up by writing to our Customer Relations Department within 28 days of your return from holiday, quoting your booking number and detailing the circumstances of your complaint. The matter will then be investigated on your behalf. If you fail to follow this simple procedure we will then have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort which may affect your rights under these Booking Conditions. Subsequent correspondence must be followed up in writing within 6 weeks of you receiving a full reply from us. Investigations can take up to 8 weeks. We also offer an alternative dispute resolution for dealing with your complaint. Please see clause 10 below (ABTA) for further information on this. 10. ABTA We are a Member of ABTA, membership number V0211. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. 11. Flight Information For your information, our flights are scheduled to be operated by: Air Malta (charter and scheduled), Cyprus Airways, British Airways, BA Cityflyer, TAP Air Portugal, Avro (charter and scheduled), Thomas Cook (charter), Iberia, Monarch Airlines (charter and scheduled), Ryanair, easyJet, Jet2, Thomson, Flybe, bmibaby, Aer Lingus, Lufthansa, Emirates, Air Mauritius, Air France, South African Airways, Qatar Airways, Sri Lankan Airlines, Thai Airways, Qantas, Cathay Pacific, Singapore Airlines, Air New Zealand, Silkair, Malaysia Airlines, Kuwait Airways, Etihad Airways, KLM Royal Dutch Airlines, BMI, Air Europa, Gulf Air, Egyptair, Swiss, Oman Air, Jet Airways, Korean Air, Asiana Airlines, Eva Air, Jetstar Airways, Air Pacific Limited, United Airlines, Koral Blue, Virgin Atlantic, Virgin Australia, China Eastern, China Southern, Royal Brunei, Vietnam Airlines, Pegasus Airlines, Turkish Airlines, Aegean Airlines and Austrian Airlines using a range of Boeing, Airbus and Macdonald Douglas aircraft. We reserve the right to substitute alternative carriers and/or aircraft types if necessary. In flight service and flight plans may be subject to alteration if changes occur. All flights operate a no smoking policy. On some airlines there may be a charge for sail boards, golf clubs, other sporting equipment, Wedding dress, SCUBA/ diving equipment or other items such as bicycles or musical instruments. Please note that bookings on “no frills” carriers, like Ryanair, easyJet, Monarch Airlines, Flybe, bmibaby, Jet2, Aer Lingus and selected charter flights, do not automatically include luggage. If you choose to include luggage (at an additional fee) the allowance will vary dependent on carrier, unless you choose to not include a bag on your flight. “No frills” carriers operate a buy-on-board service. If you are booking from an advert in the national press the prices shown do not include bags. Flight timings planned are also given for your guidance but your actual flight timings will be those shown on your airline tickets or E-TICKET itinerary (although it is possible that even these timings may change), and you should check tickets or E-TICKET itinerary carefully as soon as you receive them. Where travel is by scheduled air flights, these will be in economy class. This brochure is issued on the sole responsibility of the tour operator, it is not issued on behalf of and does not commit the airline mentioned therein or any airline whose services are used in the course of these holidays. Please note that certain departure times will be affected by the clocks changing in the Spring and again in the Autumn. 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. Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/modes/ air/safety/air-ban/index_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. 12. 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. 13. Insurance We consider adequate travel insurance to be essential. Details of a policy available are shown elsewhere in this brochure. These premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full. If you decide not to purchase this insurance, you should give details of your alternative policy (insurer and policy number) in writing. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. 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. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 7). Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned. 15. Financial security 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 a bond held by the Civil Aviation Authority under ATOL number 1631. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate from us (or via our authorised agent through which you booked). 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. 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, the travel agent (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. 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. Please ask us to confirm what protection may apply to your booking. We provide financial security for holidays not including flights by way of a bond held with ABTA, No. V0211. If your package holiday does not include flights, ABTA will financially protect your holiday in the same way. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply. A package holiday is defined as more than one of the following when they are booked and paid for at an inclusive price: flights, accommodation plus any other tourist services that are not ancillary to transport or accommodation. 16. Safety standards Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. We therefore advise clients to take all reasonable precautions whilst on holiday and, in particular to familiarise yourself with hotel fire escape routes. 17. Holidays for Children Child prices/reductions (reductions are off of the full adult price) apply to a max of 2 children (aged 2-11yrs inclusive for hotels and self-catering) sharing a room with two full fare paying adults unless otherwise stated. All children must pay appropriate premiums and supplements such as Half Board and Seaview where applicable. 18. Privacy Statement For the purpose of the Data Protection Act 1998, we Sunspot Tours Ltd trading as Mercury Holidays are a Data Controller. In order to process your booking, we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and details which may be considered ‘sensitive personal data’ such as special requirements relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or involves suppliers outside these countries where controls on data privacy may not be as strong. We would also like to store and use your personal details for future marketing purpose (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes. Occasionally, we may sell clients names and addresses to other companies or organisations who offer goods or services which we feel may interest you. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out in the above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so. We have appropriate security measures in place to protect this information. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. Your call maybe recorded, however you will be informed of this by way of pre- recorded message at the outset of the call. 19. Website and Brochure Disclaimer Information posted on our website and detailed in our brochure is published in good faith and is updated regularly. However, we cannot guarantee the completeness and accuracy of this information. Prices and other holiday details shown are provided as a guide only but, in the event of any inaccuracy or discrepancy, the price quoted and details given at the time of booking will be applicable. We recommend you contact us on 0800 043 1971 if you are in any doubt or have any queries before acting on any information on our website or in our brochure. Changes and errors sometimes occur. Please check the price and other details of your chosen holiday at the time of booking. 20. System Errors In the event of a costing error being given either by our reservations/internet system or appearing on the confirmation invoice, the price costings as appears in the brochure or relevant late availability offer will prevail. Please note that any contract entered into upon a mistake, such as a wrong costing is not valid or binding. 21. Guest Behaviour All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager 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 of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service 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 from the hotel. 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. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us. 22. Special Requests and Medical Problems If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. 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. If you or any member of your party has any medical problem or disability which may affect your chosen holiday arrangements, you must give us full details in writing at the time of booking. For further assistance, call our team on 0800 043 1971 If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details, in which case cancellation charges may be payable. 23. All-Inclusive Guests on an All-Inclusive package normally take all meals at one specific restaurant. Other advertised restaurants may be at a supplement unless otherwise stated. Details of your package will be explained shortly after arrival in resort. Drinks included within the package may only be available from certain locations within the hotel, and may be at a supplement if obtained from other outlets. Unless otherwise stated mini-bars are not included within the All-Inclusive package. Time and measurement stipulations may apply. Bottled Water is not included unless stated. Please note that, in keeping with local traditions and customs, some of our hotels will not serve alcohol on or during certain religious festivals and holidays, this is especially true of Ramadan in Islamic countries and the Poya holidays in Sri Lanka. Please note that at some of our hotels during Ramadan parts of the All-Inclusive Package may only be available during certain times of the day. 24. Religious Days Please note that, in keeping with local traditions and customs, some of our hotels will not serve alcohol on or during certain religious festivals and holidays, these include Poya days, Sinhala, Tamil New year days, Hindu religious days and Muslim religious days. 25. Single Supplements Single travellers may avoid paying a single supplement in certain allocated rooms at selected hotels. These rooms are strictly available for single travellers. Once the available rooms without single supplement are full, a single supplement will be applicable. 26. Free Room Upgrades Free room upgrades are available at a selection of hotels and are subject to availability but are not applicable to single travellers. 27. Air-conditioning Although a property may describe itself as having air-conditioning, it may only function during the hotter months in the year and in some properties, whatever the temperature, this may not be until May. 28. Swimming pools Outdoor swimming pools will be closed November-April in Malta/Gozo, Cyprus, Algarve, Madeira, North Cyprus and Spanish Costas and at certain times of the year in various Longhaul destinations. Swimming pool closures are at the hotels discretion and beyond our control. 29. Hotels and deposits Certain hotels may request a credit card/deposit at check in to cover any additional extras. Please be advised some of the facilities listed in the hotel description may be at an additional fee and you will be advised of this in resort by the hotel. 30. Late check outs Please be advised late check is only relevant to the time you check out, for example, if you are staying on All-Inclusive this will not be continued past normal checkout hours. 31. Weather As the weather is so unpredictable we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions or for reasons of force majeure (see section 8). For more details on the temperature, sunshine and rainfall in our destinations, please see the weather section of the relevant country. These charts are for your guidance only and are based on the capitals of the country. 32. The Foreign and Commonwealth Office The FCO produces up-to-date travel information to ensure the safety of clients, for further information please visit www.gov.uk/knowbeforeyougo or Tel: 020 7008 1500. Alternatively you can contact ABTA’s Travel Information Line (Consumer affairs) on 0203 117 0599. 33. Passport, visa and health requirements We can give you general information about passport, visa and health requirements for the holiday you book. However it is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. Requirements may change and you must check the up to date position in good time before departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. Most countries now require passports to be valid for at least 6 months after your return date, please contact the passport office for full details on 0300 222 0000. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk. For European holidays you should obtain a completed and issued form EHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.gov.uk Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa 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 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 passport, visa, immigration requirements or health formalities. The cost of a Visa will be confirmed on application. 34. Jurisdiction and applicable law These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so. 35. Hotel and Resort Classification All the hotels in this brochure have been chosen & inspected by one of the directors or senior members of staff of this company and star ratings for all our hotels have been allocated by our own company for your guidance & do not necessarily reflect the local official classification. Our classifications are as follows: Two Star - Standard medium class Two Star Plus - Standard plus medium class Three Star - Medium class Three Star plus - Superior medium class Four Star - Standard first Class Four Star Plus - Standard plus first class Five Star - Superior first class. Additional properties will be available on the website which have not been inspected by a member of our staff we are therefore reliant on information provided to us in good faith. 36. Discount & Voucher codes Loyalty and introduction discounts are not combinable with any other discount codes or any other special offers. Discounts are applicable for adults 12 years and over and only one is valid per person, cannot be reused and are for new bookings only. The voucher has no cash value and no refunds or cash alternatives will be offered. Discounts do not apply to any tour or flight only bookings. Mercury Holidays reserve the right to vary the voucher code conditions of use or to withdraw the voucher at any time. Further conditions (on top of these listed here) applying to individual vouchers will be printed on the voucher in question. 37. Names The name on the passport must exactly match the name on the ticket, otherwise you may not be able to travel and your insurance may be invalid. If, after booking a holiday but before travelling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your holiday documentation. A fee may be payable. 38. Locally Booked Excursions/Activities Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Mercury Holidays, and for whom Mercury Holidays acts only as an agent. If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your package with Mercury Holidays. The contract may be subject to the excursion/ activity provider’s terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Mercury Holidays accepts no liability for any breach of contract or negligent act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy. Booking conditions
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