Coral Tree Travel Ltd, trading as Coral Tree, Unique Family Safaris
Booking Terms and Conditions
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- He/she is over 18 years of age and resident in the United Kingdom (if you are not a resident of the United Kingdom, you must advise us prior to booking) and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
PLEASE NOTE: We act in the following capacities, as Package Organiser in the sale of a Package which we have organised, as Principal in a ‘single service’ booking (eg an accommodation only booking) and as Agent in a ‘single service’ booking (eg an accommodation only booking as an agent).
Our obligations to you will therefore differ depending upon whether you book a Package which we have organised (please see clause 28 for further details of where this will be the case), a single service which we sell to you in our capacity as principal or where we act only as a booking agent to help you book single services sold by a third party supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:
(A) Section A contains the conditions which will apply to all bookings.
(B) Section B contains the conditions which apply to bookings of single services where we act as principal.
(C) Section C contains the conditions which apply to bookings of single services where we act as agent
(D) Section D contains the conditions which will apply when you make a booking with us where we act as the package organiser.
Note: Unless these Booking Conditions state otherwise, any reference to European Union law and/or International Conventions in these Booking Conditions, that is directly applicable or directly effective in the United Kingdom is a reference to how it applies in England and Wales. This includes where the law has been retained, amended, extended, re-enacted or given effect on or after 11pm on 31st January 2020 (including the transition period).
SECTION A – APPLICABLE TO ALL BOOKINGS
A booking is made with us when you pay us a deposit (or full payment where this is a requirement of your booking) and we issue you with a booking confirmation either directly from ourselves or on behalf of the Supplier/Principal, where we are acting in an agency capacity (please see Section C for further details). A binding contract between you and the Supplier/Principal (where we are acting as an agent) or between you and us comes into existence when we despatch the booking confirmation to the first named person on the booking.
If your confirmed arrangements include a flight, we (or the Supplier/Principal, where we are acting as an agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate, booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). Please ensure that the names given are the same as in the relevant passport.
When you make a booking, you confirm that you have the authority to accept and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every member of your party. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are traveling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
If you travel outside the European Economic Area (“EEA”), controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
- Payment and pricing
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Alternatively, where you have booked a package with us or a single service where we act as principal, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.
Standard terms for package holidays organised by Coral Tree Travel Ltd are 30% deposit on booking and balance due 60 days before arrival.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking. Where you have booked a Package, additional terms and conditions apply, please see Section D.
We endeavour to ensure that all of the information and prices both on our website and in our brochures are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
- Special Requests
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as the agent) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. 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 by us. We do not accept bookings that are conditional upon any special request being met.
Adequate travel insurance is a condition of your contract with either us or the Supplier/Principal in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
- Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the supplier or are the subjective opinion of Coral Tree Travel. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
- Fitness to Travel, Medical Conditions, Disabilities and Pregnancy
If you have any medical condition, disability or special requirements which may affect your holiday, please tell us before you confirm your booking, as we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
If you are booking a cruise, pregnant women are highly recommended to seek medical advice prior to travel, at any stage of their pregnancy. Women who are up to 23 weeks pregnant at the end of the cruise may be required to produce a medical certificate of fitness to travel. The relevant carrier may not, for safety reasons, be able to carry pregnant passengers of 24 weeks or more by the end of the cruise. The carrier reserves the right to request a medical certificate at any stage of pregnancy and to refuse passage if the carrier and/or the Master are not satisfied that the Passenger will be safe during the passage.
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an agent) 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Supplier/Principal reserve the right to terminate your booking 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 arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements 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. 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.
Occasionally, our suppliers may require you to pay an advance damage deposit when placing a booking or otherwise prior to your arrival in resort. This will only occur if you book accommodation where we act as agent in respect of your booking. Where an advance damage deposit applies, we will clearly advise you of this fact before you confirm your booking. Where applicable, the advance damage deposit will be returned to you in full, by the supplier, once your holiday has come to an end and the supplier is satisfied that no damage has been caused to the property.
- Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. 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 prior to travel. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office.
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.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
- Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
Where we are acting as agent, the contract for your arrangements is between you and the Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the Supplier/Principal or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the Supplier/Principal. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact Customer Services.
Where you have booked a package holiday with us or a single service where we act as principal, please inform the relevant supplier (e.g. your hotelier) immediately and by contacting us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
- Financial Protection
In relation to package holidays sold by us, the Package Travel Regulations require us to provide security for the monies that you pay and for repatriation in the event of our insolvency. We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s License number 12048, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email:firstname.lastname@example.org.
When you buy an ATOL protected product from us you will receive an 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. For further information, visit the ATOL website at www.atol.org.uk. 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. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).
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 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.
We provide financial security for package holidays not including flights by way of by way of a trust account (under Coral Tree Travel Ltd, trading as Coral Tree, Unique Family Safaris, PTS Member Number ) with Protected Trust Services (PTS) (company number 06181223) of 307, 315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX, website: www.protectedtrustservices.com and telephone: 020 7190 9988. PTS protects consumer bookings by ensuring that all payments made by consumers for a booking with a PTS member, are placed into a trust account. All consumers with a PTS protected booking will be provided with a link to the PTS system, showing all (i) deposits made into the trust account and (ii) withdrawals out of the trust account, for the purposes of the PTS protected booking. We suggest that you check all payments are visible on the PTS system to ensure full PTS protection. For further information, or if you have any questions about the PTS system, please see PTS’s customer protection page, available at www.protectedtrustservices.com/services/consumer-protection/ or contact us directly.
If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.
You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here:
- Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include, but are not limited to war, warfare and acts of terrorism (or threat thereof) , civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, plagues or pandemics (including, but not limited to the ongoing effects of Covid-19 and/or any other strain of the coronavirus) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports, etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
- Foreign, Commonwealth and Development Office Advice
You are responsible for making yourself aware of the Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Events Beyond our Control (See clause 13).
- Law and Jurisdiction
These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable).
- 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 which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
- Advance Passenger Information
- Data Protection and Privacy
SECTION B: BOOKINGS OF SINGLE SERVICES WHERE WE ACT AS PRINCIPAL
This section applies to all single service bookings that you make with us (e.g. rail tickets or accommodation only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.
- If You Change or Cancel Your Single Service Booking
If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
Note: Certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
If you, or any member of your party, decides to cancel your booking once you must notify us by recorded delivery post or by email.Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. The person to notify us of any cancellation must be the same person that originally signed the booking form.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
|Period before departure date within which written notification is received at our offices||Cancellation Charge|
|60 days or more||Loss of deposit|
|60 days or less||100% of holiday cost|
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
This clause 20 outlines the rights you have if you wish to cancel your single service booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- If We Change or Cancel Your Single Service Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced due to Events Beyond Our Control (please see clause 13) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
- Our Responsibilities for your Single Service Booking
- Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
- We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
- Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
- It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
SECTION C: BOOKINGS OF SINGLE SERVICES WHERE WE ACT AS AGENT
This section applies to bookings we make for you when acting as agent in the sale of a single service booking. Please read this section in conjunction with Section A of these Booking Conditions.
- Your contract
When making your booking we will arrange for you to enter into a contract with the Supplier/Principal named on your receipt. As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
- Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the provider of your arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition we may ask you to pay an administration fee of £50 per person for any amendments. You will be notified of the exact charges at the time of amendment or cancellation and it is recommended that you contact us prior to amendment or cancellation in order to confirm the charges applicable.
- Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. In this event we will also charge you an administration fee of £50. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
- Our responsibility for your booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
SECTION D: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.
- Definition of Package:
Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section D of our Booking Terms and Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:
- transport; or
- accommodation; or
- rental of cars, motor vehicles or motorcycles (in certain circumstances); and
- any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
- Pricing of Packages
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.
- the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or 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 lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50 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.
There will be no change made to the price of your confirmed Package holiday within 20 days of your departure nor will refunds be paid during this period.
- Cutting your Package Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
- Changes by You and Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
Transfer of Booking
If you or any member of your party is prevented from travelling it may be possible to transfer your booking to another suitable person subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the holidays;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an amendment fee of £50 per person, as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 32 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
- If you Cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email. In cases of notification via e-mail, your notice of cancellation will only take effect when it is acknowledged by us. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling). Should one or more members of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
|Period before departure within which notice of Cancellation is received by us||Amount of cancellation charge|
|70 days or more||Loss of deposit|
|69 – 60 days||30% of holiday cost|
|59 – 28 days||80% of holiday cost|
|27 – 14 days||90% of holiday cost|
|14 days or less||100% of holiday cost|
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
- Cancellation by You due to Unavoidable and Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 33 outlines the rights you have if you wish to cancel your Package booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- If We Change or Cancel Your Package Holiday
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 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 56 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. 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 or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
- 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 by more than 12 hours.
- A change of UK departure airport except between:
- The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
- The South Coast airports: Southampton, Bournemouth and Exeter
- The South Western airports: Cardiff and Bristol
- The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
- The Northern airports: Liverpool, Manchester and Leeds Bradford
- The North Eastern airports: Newcastle and Teesside
- The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
- A significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your Package holiday less than 90 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for significant changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) if available and where we offer one, accepting an offer of alternative travel arrangements of comparable standard from us, (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a significant change and you do not accept or if we cancel and no alternative arrangements are available or we do not offer one, less than 56 days before departure, we will also pay compensation as detailed below:
|Period before departure within which notice of Cancellation or significant change is notified to you||Compensation payable per person|
|56 days or more||Nil|
|55 – 43 days||£10|
|42 – 22 days||£20|
|21 – 11 days||£30|
|10 days or less||£40|
We will not pay you compensation where (i) we make a minor change; (ii) where we make a significant change or cancel more than 56 days before departure; (iii) where we make a significant change and you accept those changes arrangement or alternative travel arrangements; (iv) where we have to cancel your arrangements as a result of your failure to make full payment on time; (v) where the change or cancellation by us arises out of alterations by you or (vi) in the event that we are forced to make a change or cancel as a result of Events Beyond Our Control.(We will tell you if we have to cancel for this reason not less than 56 days before departure).
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
- Delays, Missed Travel Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Please note the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the 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. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
- Our Responsibilities to you in respect of Package Holidays
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (as amended) as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange your contracted holiday arrangements, and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in the package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday). Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- Events Beyond Our Control (as defined in clause 13);
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy because you are required to have adequate insurance in place to cover any losses of this kind;
- for claims not falling under 3(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); EU Regulation 392/2009 (relating to the Liability of carriers of passengers by sea in the event of accidents); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied , any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
- It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you, or if it relates to any business or is an indirect or consequential loss of any kind.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
- Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
- Prompt Assistance for Packages
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Appendix 1 – Coral Tree Travel Covid Policy – March 2021
All new bookings made from 31st March 2021.
All new bookings must be secured with a 30% deposit within 10 working days of receipt of Coral Tree Travel’s invoice.
If you choose to cancel due to Covid-19 reasons*, the following special terms will apply:
- From point of confirmation to 30 days before arrival – full refund
- 29 days – 14 days before arrival – 50% cancellation charge or opt to postpone the full value of the trip to a future date.
- 13 days until arrival date – 100% cancellation charges apply. We will endeavour to assist you with making a successful travel insurance claim.
Standard payment terms must be adhered to – deposit paid at confirmation and final balance due 60 days before arrival. This must be paid on time and failure to pay promptly means these special cancellation terms will not apply.
Valid for all new bookings from March 31st 2021 onwards, for any future travel dates.
These terms are valid until further notice. Coral Tree Travel reserves the right to revert to our standard terms and conditions (as above) in future. Any abuse of this policy will lead to immediate reversion to standard terms.
Covid-19 reasons include:
- Lockdown in the client’s country or region of origin, preventing them from leaving their home and/or travelling internationally for leisure purposes.
- FCDO (or equivalent body) advising against all but essential travel to any country included in the itinerary, due to prevalence of the disease known as Covid-19.
- A travel ban or ‘red list’ status for any country included in the itinerary.
- Necessity to quarantine or self-isolate for any period upon arrival in any destination included in the itinerary.
- Necessity to quarantine either at home or in a hotel upon return to the client’s country of origin.
Covid reasons do not include:
- Client being unable to travel due to contracting Covid-19 in the period before travel.
- Client being unable to travel due to a requirement to self-isolate following a request from Test and Trace, or equivalent body.
- Client contracting Covid-19 whilst travelling.
The above three points are insurable events and should be covered by travel insurance from the point of booking onwards.