Because we and suppliers plan your arrangements many months in advance, in some circumstances we and they must make changes to them and cancel them.
Where we refer to a ‘price reduction’ in this clause and in clause 12, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 12.
Changes and Cancellations Before Departure
Most changes will be insignificant and we and suppliers reserve the right to make them. If we make an insignificant change to the main characteristics of any package arrangements we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.
Examples of “insignificant changes” made before departure include the following:
- A change of outward departure time or overall length of your arrangements of twelve hours or less.
- A change of accommodation to another of the same standard or classification.
Occasionally we may have to make a significant change to your confirmed arrangements and we reserve the right to do so. A significant change is one where we significantly alter any essential element of your arrangements (other than the price) owing to circumstances beyond our control. Examples of “significant changes” made before departure include the following:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements of twelve hours or more.
- A significant change to your itinerary, missing out one or more destination entirely.
- Where we or our supplier can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation invoice and this will have a significant impact on your arrangements.
- Where we increase the price of your arrangements by more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services).
If we or the supplier has to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i (for significant changes) agreeing to the changed arrangements,
ii accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Where you choose option ii) and where your arrangements are a single-contract or multi-contract package, we will where appropriate, pay you reasonable compensation, subject to the limitations and exclusions in section B of clause 12.
We will not pay you compensation where:-
i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 9;
iii) we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.
We will not make a price reduction or pay you compensation; and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and Cancellations to Package Arrangements after Departure
If we become unable to provide a significant proportion of your single-contract or multi-contract package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. Where our original agreement included return transport we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate and only where your arrangements are a single-contract or multi-contract package, we will pay you compensation subject to section B of clause 12.
Where we are unable to ensure your return from a package as agreed because of unavoidable and extraordinary circumstances which directly prevent you from returning to your point of departure, we will bear the cost of necessary accommodation if possible of equivalent category for a period not exceeding (a) 3 nights per traveller (exceptions apply in respect of persons with reduced mobility and people travelling with them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package); or (b) where a different period is specified in any passenger rights legislation applicable to the relevant means of transport for your return, for the period specified in that legislation.
Changes to and Cancellations of Single Element Bookings Both Before and After Departure
In respect of all changes and cancellations made to single element bookings both before and after departure, please refer to the supplier’s booking conditions for information.
This clause 8 sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.