How To Make A Booking
To make a booking, Ninety East requires a deposit of £250 per person. On occasions higher deposits are required if prepayments to our suppliers are necessary. A selection of our airlines fares require full payment at time of booking and carry 100% cancellation charges. If this is the case we will advise you at time of booking. A contract will exist as soon as a confirmation invoice is issued. Please carefully check its contents and if any discrepancy exists please contact us or your travel agent within 7 days of issuance. These terms and conditions and your confirmation invoice is your contract between you and us. The person making the booking accepts responsibility for paying for all the people on the booking and for keeping all members of the party informed of the booking details.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes and 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 to the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agent’s 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 and insurance premiums paid.
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.
Confirmation Of Booking And Payment Details
The destinations featured on the Ninety East website are served from the UK by scheduled airlines. As all arrangements are tailor made, flight details, departure and arrival airport, flight times and equipment will be confirmed prior to booking. The booking is only accepted once a confirmation invoice has been issued, normally within 7 days. The final payment must be made 8 weeks prior to departure. For bookings made within 8 weeks of departure full payment must be made immediately.
Changes To Holiday Arrangement By Client
Where possible Ninety East will amend the confirmed booking at a charge of £50 per person subject to availability, in addition to any charges levied by any suppliers of services. However changes cannot be guaranteed. If for any reason a member of the party named on the booking form cannot travel where possible Ninety East will transfer the arrangements to another person provided the consent of airlines, hotels and suppliers is granted. The charge for transferring arrangements is £50 per person in addition to any charges that may be levied by any suppliers of service
Cancellation By Client
Should it be necessary to cancel confirmed travel arrangements Ninety East must be notified in writing. The cancellation will take effect from the day the written confirmation is received. The following scale of charges will be payable.
Prior to 56 days deposit forfeited.
29 - 56 days - 50% of total cost.
15 - 28 days - 60%.
07 - 14 days - 90%.
01 - 07 days - 100%.
If the reason for your cancellation is covered under the terms and conditions of your insurance policy, you may be able to reclaim these charges.
Change In Holiday Arrangements By Ninety East
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.
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:
15-56 days £30,
0-14 days £40.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure. This means that 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, or adverse weather conditions.
Ninety East Responsibility For Travel Arrangements
Ninety East take care to ensure that proper arrangements have been made for holidays advertised in this brochure. 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.
Your financial protection. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL certificate. This lists what is financially protected, where you can information on what this means for you and who to contact if things go wrong. 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 or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform these 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 and 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 to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL certificate but all of the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL certificate go to www.atol.org.uk/ATOLCertificate. Our ATOL number is 9946.
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 three 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 or at www.auc.org.uk. 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.
Every effort has been made to ensure that the facts on our website or in our brochure are correct at the time of going live in January 2014. It is possible however that changes may occur. Where a material change is made, Ninety East will notify you as soon as possible. This website does not commit the airlines mentioned within it or any airline whose services are used on the tour.
All prices shown throughout this website are for guidance only. It is possible that some prices may have changed since the website was published. A tailor-made quotation will be provided at the time of your enquiry. A lot of the prices shown for our chosen properties are based on a low season quote, the seasons vary by country or region, please ask our Consultants for more details. Our prices are based on specially negotiated airline rates (restrictions may apply) and hotel rates, which are subject to availability at the time of booking.
Ninety East appreciate that problems can arise. In the event of dissatisfaction with any aspect of the holiday you are required to bring this to the attention of Ninety East (or appointed agents, or suppliers) at the earliest possible opportunity. The majority of problems can be resolved immediately. If your complaint is not resolved, written notification should be sent to Ninety East within 21 days of your return. In the event that complaints arising out of or in connections with this contract cannot be amicably settled, the complaint may be referred to arbitration. 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.
Ninety East is a member of ABTA with membership number Y110X. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available if you have a complaint, contact ABTA, 68 - 71 Newman Street, London. W1T 3AH. Tel 020 7637 2444 or www.abta.com
This contract and these terms and booking conditions including liability claims are subject to English Law and the exclusive jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Data Protection Statement
Please be assured that if we collect any personal information about you this will be held under the UK Data Protection Act. We will not pass on any information about you apart from to those persons responsible for your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the Economic European Area (EEA), controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to complete your booking). In making this booking, you consent to this information being passed on to the relevant persons. Those on either our mailing list or emailing lists may elect at any time not to receive any future promotional information from us or to have their details removed from our mailing lists.
Passport & Visa Requirements
All clients are responsible for ensuring that they have a valid passport and must obtain visas where applicable. A full ten-year British passport, with a minimum of six months validity, is required to visit all the destinations featured in this brochure. For further information, see the UK Passport Office website www.passport.gov.uk. Please note all children must now have their own individual passport. Visa requirements for UK passport holders and other nationals are under continual change. You should therefore check entry requirements with the appropriate embassy of your chosen destinations(s). Information on visas may be obtained from the respective Embassies / High Commissions. 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.