1. THE SCOPE OF THESE CONDITIONS
1.1 In these Conditions a Package means pre-arranged holidays that comprise of several components made under one booking.
1.2 In these booking conditions, “we”, “us”, and “our” refer to SmoothRed Limited. Our registered office is One Garratt Lane, Wandsworth, London SW18 4AQ and our company number is 5258877.
1.3 Your booking and contract are governed exclusively by English law and are subject to the jurisdiction of the courts of England and Wales.
1.4 The booking conditions apply equally to you and to all persons named in your booking.
1.5 Only we, the person who makes or pays for the booking and those individuals whose names appear in the booking and who will be using the services shall have any rights to enforce any of these booking conditions.
1.6 Only we or the person who makes the booking or payment may cancel or change it or any part of it and the consent of any other person whose names appear on the booking is not required for any such change or cancellation.
2. PACKAGE BONDING ARRANGEMENT & FINANCIAL PROTECTION
2.1 We are a member of ABTA – The Association of British Travel Agents with membership number Y6346 and hold an ATOL license – Air Travel Organisers License number 6634.
2.2 When you buy an ABTA and/or ATOL protected holiday package with us, you will receive an ABTA and/or 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.
We, or the suppliers identified on your ABTA/ATOL Certificate, will provide you with the services listed on the ABTA/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 ABTA/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 ABTA/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 ABTA/ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ABTA/ATOL holder, in which case you will be entitled to make a claim under the ABTA/ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ABTA/ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ABTA/ATOL holder or otherwise) for reasons of insolvency, the Trustees of The Association of British Travel Agents and/or the Air Travel Trust may make a payment to (or confer a benefit on) you under the ABTA/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 ABTA/ATOL scheme.
3. BOOKING YOUR HOLIDAY
3.1 You can book your Package either by telephone call or via email to us. Upon receipt of your booking request we will require a deposit of 25% or 30% of the total cost of the holiday. When we receive the deposit from you a contract shall exist between you and us and we will send you a confirmation invoice.
3.2 The full balance of the holiday price is due no later than 8 weeks before your departure date. If you fail to make payment before the due date, we reserve the right to cancel the booking in its entirety and any deposit paid will not be refunded and you will be liable for cancellation charges set out in condition 5.6.
3.3 If paying the full amount by credit card there will be a 2.5% (3% American Express or business credit card) surcharge that will be added to the balance. No charges are made for payment by debit card or you may pay by cheque, payable to ‘SmoothRed Limited’. The party leader must make balances in one full payment.
3.4 Gift vouchers and packages with dates to be confirmed are valid for one year from the date of invoice.
4. HOLIDAY PRICE & SURCHARGES
4.1 Our prices are subject to availability of hotels, car / coach / local transfers / chauffeur – hire, flights, ferry, Eurostar, Eurotunnel at time of booking.
4.2 We reserve the right to change any of the prices, services or other details contained on our websites, brochures and other marketing literature,at any time before we enter into a contract with you. However, if there is any change, we will notify you before we enter into such a contract.The price of your chosen holiday will be confirmed at the time of booking, which you must check prior to signing the booking form. In exceptional circumstances when surcharges have been imposed on the Smooth Red, we reserve the right to pass these onto the client. Surcharges may be imposed to cover increases due to any of the following: a) currency exchange rates; b) government action; or c) transportation costs – including the costs of fuel, dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports. Smooth Red Ltd will absorb the initial 2% of any such increases, excluding insurance premiums and any amendment charges. You will be charged for any amount over and above the initial 2%. If this results in an increase of more than 10% of the price of your holiday you will be entitled to cancel your holiday with a full refund of all monies paid except any premium paid for insurance and amendment charges. Should you decide to cancel because of this you must employ you right to do so within 15 days of the date of the invoice.
5 ALTERATIONS OR CANCELLATIONS BY YOU
5.1 If you wish to alter a confirmed booking, you should contact us and we will tell you if we can meet your requests. All amendments are subject to availability, no amendments may be made within 3 days of departure and we will not always be able to comply with your request. If we can make the changes you request then an administrative fee of £40 will be made (per booking) and in addition you must pay any extra costs of the changed booking.
5.2 Any changes of the individuals named in the booking are conditional on the substitute individual accepting these booking conditions.
5.3 You must pay any additional charges made by the suppliers of the services (e.g. hotel keeper) to make the changes.
5.4 Any cancellation of a Package must be made in writing by the person who signed the original booking form.
5.5 If you wish to cancel your airline ticket this will be dealt with in accordance with the relevant airline’s conditions of carriage and all relevant ticket conditions and fare notes. Please note that some types of tickets may be non-refundable and non-changeable.
5.6 For full or part cancellation by you (other than cancellation of flights) the following charges apply: (the cancellation charge is expressed as a percentage of the total Package price):
57-69 days before departure
29-56 days before departure
15-28 days before departure
14 days or less
5.7 Charges for your cancellation are calculated from the date we receive written notification from you.
6. ALTERATIONS OR CANCELLATIONS BY US
6.1 Every effort is made by us to book your holiday as originally planned and it is unlikely that the holiday should have to be altered or cancelled. If we do have to make changes we will inform you as to the changes as soon as we reasonably can.
6.2 We are only liable to you for cancellations or significant changes to your Package by us. A significant change is one which affects an essential term of your contract.
6.3 We are not liable to you even for a significant change in the event of force majeure as set out in condition 7.
6.4 If we make a significant change to your Package you have seven (7) days (or as soon as reasonably practicable if your departure is less than seven (7) days from the date you receive notification) from being informed of the significant change to either:
6.4.1 accept such change; or
6.4.2 accept substitute arrangements of at least equivalent quality; or
6.4.3 cancel your Package in which case we will refund in full all monies paid.
6.5 In the unlikely event that we are obliged to cancel the holiday for any reason after the Confirmation Invoice has been issued, we will make every effort to make alternative arrangements to offer you another holiday of at least similar standard or offer a full refund of all monies paid you have seven (7) days from the date you receive notification from us not to accept the alternative offered, unless cancellation has been forced upon by force majeure as noted in condition 7 or, if you have failed to pay the balance of the holiday price.
7. FORCE MAJEURE
We will not be liable for additional charges or if we fail to supply all or part of your Package where force majeure applies, this means unusual and unforeseeable circumstances beyond the control of us, including but no limited to, war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural disaster, nuclear disaster, fire or adverse weather conditions, airline failure, transport technical problems, airport or ports being closed or congested, cancellation or changes of schedule by transport providers or other similar circumstances.
8. YOUR RESPONSIBILITIES
8.1 It is a condition of booking that all party members carry travel insurance with sufficient liability, medical, personal accident and cancellation cover from the date of confirmation. If you fail to take out insurance or your insurance is not comprehensive with sufficient liability, medical, personal accident and cancellation cover, we will not be liable for any loss.
8.2 You must ensure that you have a valid passport and if appropriate any necessary visas and health certificates that may be required, as well as driver licences and other documentation that may be required.
8.3 If, in our reasonable opinion or the reasonable opinion of the provider of any part of your Package, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to others or damage to property, we may terminate your booking. If this happens, we will not pay you anything and you will be responsible for your travel back to the UK. If we incur any expenses as a result of your behaviour you shall fully compensate us for that expense.
We use scheduled flights services, flight times are sometimes changed for reasons beyond our control. If flight times do change we will amend your itinerary accordingly, but such change does not entitle you to cancel or postpone your holiday. When flight times do change, the flight provider will be encouraged to provide suitable standards of welfare provision and communication of new information.
10. COMPLAINTS AND CLAIMS
10.1 We can usually rectify problems very quickly if notified of them. If you have cause to complain during your Package please notify the local supplier (hotel, Transfer Company, golf course) immediately and notify us as soon as possible. If the matter is not resolved please notify us in writing to our office as soon as possible and in any event no later than 42 days of your return home. If you do not notify us and our suppliers we will be unaware of the problem and we will be unable to resolve your complaint and this may prejudice any claim you have for compensation from us.
11. OUR LIABILITY TO YOU
11.1 We shall provide arrangements set out in your contract.
11.2 Except in the case of death, personal injury or illness to you and or the others named on the booking form caused by negligent acts or omissions by us, we shall not be liable for loss or damage caused for any other reason.
11.3 In relation to air, sea, rail and road transport, our liability is limited to that provided for by the appropriate international conventions.
11.4 We do not accept liability where any form of loss or damage that is due to your own fault or that of any party named on your booking.
11.5 Except in respect of death, personal injury or illness, our liability is limited to a maximum of twice the Package price attributable to the person affected. This maximum applies where you prove that no benefit or enjoyment has been obtained. In all other circumstances we agree to pay compensation that is reasonable and proportionate for the reduction in value of your Package and any loss of enjoyment you prove subject to the above maximum.