YOUR HOLIDAY CONTRACT WITH CRUISEANDHOLIDAY



YOUR CONTRACT

Except where otherwise specified, we act only as an agent or sub-agent in respect of all bookings we take and/or make on your behalf. When you book travel arrangements with us you enter into a contract with us, we will send you a booking confirmation. If you come across any discrepancies, you must notify us on the same day. (including the dates, destination, names as per passport; and cost of the holiday).

A booking is made with us when: (a) you tell us that you would like to accept our written or verbal quotation; (b) you pay us the deposit we ask for at the time of booking; and (c) we issue you with a booking confirmation following receipt of your deposit. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. You enter into a contract with us when we issue our confirmation invoice. If you then cancel, there will be cancellation charges. Initially this is your deposit, but after you’ve paid the balance of the holiday price, charges rise and can go up to 100%.

WHO ARE WE
We are Spreading Smiles Limited T/A Cruiseandholiday. We hold ATOL number 12601.

WHO ARE YOU
You are any client of ours who books travel arrangements with us and who is named on the confirmation invoice as the lead passenger.

PAYMENT TERMS AND PAYMENT METHOD
All payments made by cheque should be made payable to “Spreading Smiles Limited Trust Account”.
The person in whose name the booking is made acts on behalf of all other persons named and becomes responsible to us for all payments in respect of the booking. We usually request a deposit payment at the time of booking; which is non-refundable and you must pay the full balance by the due date mentioned on the booking confirmation (Usually 12 to 17 weeks prior to departure). If full payment is not received by the balance due date, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their terms and conditions.

AMENDMENT AND CANCELLATION
Should you wish to cancel or make any amendments to your confirmed booking, a request must be sent to us in writing as soon as possible and we will endeavor to assist where possible.

If you cancel or amend your booking the principal/supplier cancellation or amendment charges will apply and which may be up to 100% of the cost of the travel arrangements. In addition some suppliers/airlines may consider a name change or other change to an existing booking as a cancellation and rebooking with up to 100% cancellation charges payable by you. Please check at the time of booking.
For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued, you will have to pay the full cost of an alternative flight (if available) if you wish to transfer after tickets have been issued.

SPECIAL ASSISTANCE
Should you require special assistance either for your holiday; such as wheelchair assistance or disabled facilities, please request this at the time of booking and we will ensure that where possible your requests are met by the respective principle suppliers. In some instances we may be asked to provide medical certificates to the service providers, to ensure you are eligible to travel.

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. 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.

TRAVEL INSURANCE
Travel Insurance is essential, it is extremely important to have adequate travel insurance when travelling abroad in an emergency; it can become very expensive to get medical and legal help if one is not covered by travel insurance. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your needs.

Adequate travel insurance is a condition of your contract with either us or the supplier 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. 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.

ADDITIONAL CHARGES
All bookings are subject to a booking fee of 1%.

PROGRAMME CHANGES
All holiday arrangements including flights, accommodation and cruises are made by Cruiseandholiday upon the express understanding that it acts as booking agent only. We have no liability whatsoever for any aspect of the arrangements and in particular no liability for any loss, personal injury or death however incurred, except where caused by our own proven negligence. Any claim for suffered by a passenger or his property, however arising, shall be made directly to the carrier or primary supplier concerned. The liability of Cruiseandholiday shall cease in any event if Cruiseandholiday has exercised due diligence in acting as booking agent. Cruiseandholiday will not be bound by any statement or representation unless it is in writing and signed by a duly authorised official or their office staff, and save as aforesaid, no representative employee or agent of Cruiseandholiday is authorised to commit them to any liability or make any representation on their behalf whatsoever. Refunds will not be paid in the event of cancellations or changes made by us caused by circumstances amounting to Force Majeure including amongst others: war, threat of war, riots, civil strife, terrorism, industrial disputes and strikes, natural and other disasters, fire, technical problems with transport, adverse weather conditions, closure or congestion of airports and other events beyond our control.

FLIGHT DELAY OR CANCELLATION
If any flight you have booked is cancelled or delayed, the airline may give you the option to cancel your ticket and receive a refund for your flight; however it is important to note that this does not automatically entitle you to cancel and receive a refund for any other arrangements made for your holiday; even where those arrangements have been made in conjunction with your flight. If you still choose to cancel any other arrangements we have made for your holiday; then normal cancellation conditions apply as per the booking terms and conditions. If you wish to book alternative flights so that you can continue with the rest of your holiday, we will help you to book alternative flights however we cannot guarantee that the date, route or timings will be exactly the same as the original itinerary as this is dependent upon the airlines availability, routing and timings. Also it is very important to note that if there is any fare or tax difference applicable for the alternative flight, you will be liable to pay the difference.

IF WE CHANGE/CANCEL YOUR HOLIDAY
It is unlikely that we will have to make any changes to your travel arrangements, but occasionally this may become necessary 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 opportunity. We also reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than one week prior to 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 the monies paid to us or accept an offer of an alternative holiday of comparable standard, if available (we will refund any price difference if the alternative is of a lower value).

VALIDITY OF TICKETS, FLIGHT TIMINGS AND SCHEDULED CARRIERS
Return tickets are valid for the dates and routing specified thereon.Tickets must be used in order in which they have been issued, any missed flights risk the rest of your journey to be automatically cancelled by the Airlines and tickets are subject to the Airlines Terms and Conditions of Carriage. No refunds will be made in respect of unused tickets other than as provided for herein. Flights, timings and schedules are subject to changes at the insistence of National Aviation Authorities or the carriers for operational or other reasons. Neither the company nor the Carrier concerned will accept liability for the flight cancellations, delays or diversions outside the company’s or the carrier’s control. Timings in itineraries or elsewhere are not guaranteed and do not form part of the contract. Air Carriers may substitute alternative aircraft and carriers, include or omit stops and neither the company nor the carrier accepts responsibility for making connections and / or delays. Refunds on cancellations; due to schedule changes; are subject to an administration fee.

TRAVEL DOCUMENTATION, VISAS, HEALTH REQUIREMENTS
It is your responsibility to have valid travel documentation before you travel abroad. You will be liable for any cancellations or related expenses, which may be imposed on Cruiseandholiday or the carrier as a result of your improper or incorrect documentation. Check the validity of your passport, as many countries require a minimum 6 months validity beyond the date of return and the passport should have been issued within 10 years from the date of return as well. Please check any visa requirements with the appropriate consulates as they vary from one to another. Ensure that you meet all immunization and medical requirements. Some countries may require vaccination certificates for entry.

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, or incur any other losses because you have not complied with any passport, visa, immigration requirements or health formalities (relating to Covid-19 or otherwise). 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.

FOREIGN OFFICE ADVICE
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.fco.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.

ACCOMMODATION (RATING AND STANDARDS)
All ratings are as provided by the relevant supplier. 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. It is your responsibility to verify the check-in and check out times directly with the main supplier. Any local taxes, resort fees and expenses will be payable to the main supplier upon check-out.

CAR HIRE
If you have booked a car hire, most suppliers will request a refundable deposit using your credit card at the time of collection. Please ensure you check the necessary requirements on the car hire voucher provided. Also, please check you have a full driving license and are eligible to drive in the country concerned. For non-EU destinations an international license may be required.

AIRPORT CHARGES AND DEPARTURE TAXES
Action by UK or Overseas Governments and other Authorities including mandatory increases or new charges are not covered by the company’s price Guarantee. UK Air passenger duty and Airport departure taxes are included in our prices.

FINANCIAL PROTECTION
We are members of Travel Trust Services (member Q891X) who run a trust account and insurance model. All monies taken go directly into the trust account which is administered by independent trustees. This ensures all customer monies are fully protected.

We also hold ATOL number 12601, issued by the Civil Aviation Authority.
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 get information on what this means for you and who to contact if things go wrong. 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 on this website. For example where a confirmed airline ticket is issued immediately to the consumer in exchange for payment then this would constitute an Airline Ticket Agent sale and therefore not be covered by our ATOL as you already hold a valid travel document. 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 the parts of your trip are not listed on it, those parts will not be ATOL protected.

With some bookings, you enter into the contract with the applicable supplier(s) of the arrangements. In certain circumstances, we apply a service charge for the services we provide, in addition to any charges levied by the supplier. Where specified, we act only as an agent of the supplier(s) of the travel arrangement(s) in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (the ‘supplier(s)’). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking will be subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you. Copies of applicable conditions are available on request from us.

ATOL CONSUMER TERMS
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

COMPLAINTS
Because the contract(s) for travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier 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. If you wish to complain when you return home, write to the principal/supplier. 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 us. If a problem remains unresolved, you (Lead Passenger) must make a complaint in writing to us within 28 days of the completion of the holiday. Any such written complaint must include your booking reference and all other relevant information.

Accuracy
We endeavour to ensure that all 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.
All descriptions and content on our website or otherwise issued by us on behalf of the supplier(s) in question are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability.

Please note that changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking. We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised prices and prices for confirmed bookings.

Changes to the Terms and Conditions
We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made all reservations will abide by the amended terms.