Terms and Conditions
TERMS AND CONDITIONS FOR YOUR TRAVEL CLUB SUPPLIER - BENCHMARK TRAVEL LTD
Should you wish to contact us by writing, you can do so at: Benchmark Travel Ltd, The Travel Centre 7-9 Bridge End, Mytholmroyd, Hebden Bridge, West Yorkshire, England, HX7 5DR.
OUR COMMITMENT TO YOU
I. Your Holiday Contract
A legally binding contract is made when we confirm your booking to either you by issuing a confirmation invoice. When you make a booking you guarantee that you have the authority to accept on behalf of all people on the booking our terms and conditions:- You also accept liability for paying for all people on the booking and for keeping them informed of booking details. English Law will govern this contract and any disputes will be dealt with in the courts of England and Wales, However, if you have booked your holiday in Scotland or Northern Ireland, disputes may be dealt with by the courts in Scotland or Northern Ireland as appropriate. You must be aged 18 years or over to make a booking.
2. Making a Booking
You should book your travel arrangements directly with us. When you make a booking you must immediately pay a reservation fee as deposit: The initial reservation deposit amount for all our advertised holidays is £50 or if more, as stipulated at the time of booking. The reservation deposit is payable for each person on the booking, including children, with any insurance premiums, car hire or other payment for products offered being added as additional. The balance of the price of your travel arrangements must be paid at least eight weeks prior to your departure date, unless being dealt with as a late booking. All monies deemed due under a late booking will be paid within 48 hours of receipt of final itinerary and of reaching either written or verbal agreement re same. If the balance is not paid within the due times, we will treat your booking as cancelled by you and the cancellation charges set out in Section 5 will be enforced. All monies you pay to us are for travel arrangements provided by us or on our behalf, On confirmation of your travel arrangements we will issue a confirmation invoice. Please check the invoice carefully to ensure all of the details are correct. Contact us immediately if any of the information is incorrect.
3. Your Holiday Price
The prices quoted are in Sterling and were correct at the time of publication. The final price of your travel arrangements will be confirmed at the time of making a booking. Our reservations staff will be able to confirm the price before you make your booking. We can guarantee that the cost of your travel arrangements, once confirmed and the deposit has been paid, will not increase unless government action or changes to taxation is cause for increases. Even in these cases we will absorb up to 2 percent of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2 percent will be charged to you. Where you have to pay a surcharge there will be an administration charge of £1.00 per person. If this means you have to pay an increase of more than 10 percent of your original booking cost you may cancel your travel arrangements and receive a full refund of all monies paid, except for any premiums paid to us for holiday insurance or any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
4. If You Change Your Booking
If, after confirmation, you wish to change your travel arrangements in any way we will try to assist you, although we cannot guarantee that it will always be possible and may be subject to further conditions imposed by your Tour Operator. The person, who made the booking, must make any request for alterations in writing. If you wish to alter any aspect of your booking you should notify us as soon as possible because these costs increase as your departure date approaches.
Time before departure when change request is received by us
Change of name (per name changed)
Other Changes (per person per change)
84 days or more
29 -84 days
Cancellation charges may
0 -28 days
Minimum £40 if still possible
apply, see section 5
5. If You Cancel Your Holiday
You, or a member of your party, may cancel travel arrangements at any time, although in order for us to recover costs incurred as a result of your cancellation, the charges as detailed below will apply unless subject to further conditions imposed by your Tour Operator. You may be able to reclaim these charges on your travel insurance although this will obviously depend on the reason for the cancellation. To cancel, you must notify us in writing as soon as possible. In the event of cancellation or part cancellation, the following charges are applicable
Time before departure when cancellation request has been received by us
Cancellation charge as a % of total holiday cost (excluding insurance premiums)
84 days or more
6. If We Change or Cancel Your Holiday
It is unlikely that we will have to make changes to your travel arrangements but, as we plan your holiday many months in advance, we may on occasion need to make changes and reserve the right to do so. Where changes do occur they will mostly be minor and we will advise you of them at the earliest opportunity. Please note that flight times and airline details shown in our brochures and initial itineraries are for guidance only and may be subject to change. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of people required to make a particular holiday viable is not reached we may have to cancel that holiday. However we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. Force majeure refers to war, threat of war, riots. industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, terrorist activity, airport closures and similar events beyond our control.
Where the changes are of a minor nature, we will if possible try to inform you prior to departure. Please note that carriers, such as airlines shown in our brochure and via our web site, may be subject to change. Such change is deemed as a minor change. Other examples of a minor change include alteration of your outbound/inbound flight by less than 2 hours or changes to aircraft.
Where a major change to your travel arrangements becomes necessary you will have the choice of either accepting the revised arrangements offered or to cancel your holiday and receive a full refund unless subject to alternative Tour Operator conditions.
Major Changes include:
· Altering your departure or destination airport (Note: Change of Scottish airports - Glasgow International to Glasgow Prestwick and vice versa does not constitute a major change)
· A change of departure or return time by more than 12 hours,
· Switching you to accommodation with a lower official rating or to a similar rating in a different resort .On rare occasions we may be forced to change your travel arrangements after your arrival in resort. Should this happen we will seek to place you in accommodation of the same or a higher standard in the same or a similar resort and you will have no right to cancel your booking if a suitable alternative is offered. In all cases, except where the major changes arise due to reasons of force rnajeure', we will pay compensation as detailed below:
Period before scheduled departure date within which a major change is notified to you.
Compensation per person
56 days or more
The provision of extra services in the event of a delay depends on various factors including whether they are available, the time of day, the number of passengers affected and the anticipated length of delay. Unless we have given our permission beforehand, we cannot accept any length of liability for any payment you make or incur, or for any time lost as a result of any delay- It may be possible for you to make an insurance claim for any delay.
8. If You Have A Complaint
If you have a problem in resort or with any of our travel arrangements you must report it immediately to the local representative or to our travel help line number supplied to you at the time of booking. Every effort will be made to resolve it to your satisfaction. If the problem cannot be resolved whilst on holiday, details of the problem should be recorded on a holiday report form, this is available on request from your representative. This form together with an accompanying letter must be forwarded within 28 days of returning home to our Customer Services Department which will forwarded if appropriate to the Tour Operator/Ground Handler/Consolidator involved. We cannot accept liability in respect of any claims or complaints, which are not notified to ourselves as described.
It is unlikely that you will have a complaint that cannot be settled amicably between us or the Company stipulated in the Complaint. However, disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under a special scheme which is arranged by the Association of British Travel Agents. but is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims to any amount greater that £1,500 per person or £7,500 per booking form. (or sums subsequently amended in line with current updates). It also does not apply to claims which relate to physical injury or illness. If you choose to proceed to arbitration under this scheme, you must send a written notice of your decision to ABTA within nine months after your scheduled date of return.
Full details of the scheme are available from the Association of British Travel Agents at 68-71 Newman Street, London W1P 4AH or via their website at www.abta.com
9. Special Requests
You must inform us at the time of booking of any special requests which you may have so that we are able, as far as is reasonably possible, to cater for them. However, we cannot guarantee that we will be able to cater for all special requests and when we do we reserve the right to make a charge for the cost of providing them. Please note that such requests do not form part of our contractual obligations and we have no liability to you if they are not met.
Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be less than two years of age on the date of its return flight.
11. Our Liability to You
We accept responsibility for ensuring that the travel arrangements you book with us are supplied as described in our own brochure and our own final itineraries. If any part of your travel arrangements are not provided as promised we will pay you appropriate compensation if this has affected your enjoyment of your holiday. (See Section 5 - If We Change or Cancel Your Holiday). We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness (see clause i) below). Our liability in all cases shall be limited to a maximum of twice the cost of your travel arrangements excluding any amendment charges or insurance premiums.
i)We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and subcontractors whilst acting within the scope of or in the course of their employment in the provision of your travel arrangements. Where negligence is proven we will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.
ii) In respect of travel by air, sea and rail our liability will be limited by the relevant international convention. Please call or write to us to obtain copies.
iii) We cannot accept liability where the failure to perform by the contractor or improper performance of the contract is due to:
· Acts and/or omissions of yourself or any member of your party.
· The fault of someone else not connected with the provision of services contracted for and which is unforeseen or unavoidable
· Any circumstances which are unusual or unforeseeable and/or beyond our control, which could not have been avoided, even if all due care had been exercised.
· Any event which we or the supplier of any part of the contract could not have foreseen or forestalled when applying all due care.
Where the holiday has been supplied through a 3rd Party, then their own
Liability Conditions will apply. Full details of these will have been made available to you at the time of booking.
12. Personal Injury Unconnected with Your Travel Arrangements
If, whilst overseas, you, or any member of your party, suffer death, illness or injury arising out of an activity which does not form part of your travel arrangements or an excursion arranged through us, we shall at our discretion offer advice, guidance and assistance.
Where legal action is contemplated and you want our assistance you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to make a claim under your insurance policy to recover legal and other expenses and that monies recovered will be used to pay back any costs incurred by us in assisting you. In any event we will limit the cost of
our assistance to you or to any member of your party to £5,000.
13. Brochure/Final Itinerary Accuracy
We will provide facilities and services as advertised. If those facilities or services are withdrawn or limited for any reason we will try to advise you and where appropriate pay compensation. We cannot pay compensation for events which are outside the control of Benchmark Travel Ltd or its suppliers (see If We Change or Cancel Your Holiday).
14. Travel Documentation
Normally you will receive your tickets or closure of booking correspondence about 2 weeks before departure. If you book your travel arrangements closer to your departure date it may be necessary to collect your tickets at the point of departure and a fee for this service will be charged at the time of making the booking.
It is your responsibility to have valid travel documents. We will look to recover from you any fines imposed upon your carrier or Benchmark Travel Ltd as a result of your holding incorrect or improper documents.
On this page we aim to give you as much advice and guidance as possible, please be patient as we gather together the information. Please contact us on 01422 847 847 with any queries you have and we will be happy to help. For all information regarding passports and health please click HERE
For more information on Foreign Office information on visas and other travel information please visit www.gov.uk/knowbeforeyougo . Please not the FCO is no longer able to offer information via telephone.
15. Health & Travel
Where health and travel documents are necessary to comply with the requirements of the country you may wish to visit, then it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon Benchmark Travel Ltd then you should be liable to reimburse Benchmark Travel Ltd accordingly. You must ensure, by consulting your own doctor if necessary, of specific health precautions deemed prudent for the country / resort you intend to visit and the appropriate medication / inoculations compiled with. Again it is the responsibility of the persons travelling to ensure they are in possession of a valid passport, with 6 months still to run where requested by the country being visited and any visas that may be necessary. We want everyone to enjoy completely successful travel arrangements. If you have a disability or a medical condition requiring special transport, accommodation or dietary arrangements, please do not hesitate to tell one of our travel consultants with 100% confidentiality where needed. You can also visit the abta checklist on www.abta.com providing all information needed for disabled passengers and those who need reassurance before travelling to ensure you have the best possible trip! Of course if you have any questions please call us on 01422 847 847
16. Conditions of Carriage
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. For copies of relevant conditions of carriage please call or write to us. The brochure/published final itinerary is our responsibility as your tour operator/holiday or travel arrangements supplier. It is not issued on behalf of, and does not commit the airlines mentioned therein or any of the airlines whose services are used in the course of your travel arrangements.
17. Checking Inbound Flights
You may be asked to confirm your inbound (return) flight details with the relevant overseas office (the telephone number of which appears on your holiday itinerary), not more than 48 hours and not less than 12 hours prior to the previously notified flight time. Documentation included with your tickets will advise if this requirement is necessary and we cannot accept liability for any losses or expenses to passengers who fail to comply with this condition. The times quoted on your flight ticket are local times and will always refer to the 24-hour clock system. It is essential for you to check in at least two hours prior to the flight departure time advised unless otherwise stated. If the outbound journey is not taken the inbound flight reservation will automatically be cancelled.
18. Group Bookings
For Group Bookings please telephone 0800 9531 263 or 01422 847 847. Group bookings apply to 10 passengers or more, departing and returning on the same flights and when booking a holiday, staying in the same accommodation. All passengers must pay a minimum deposit of £50 per person unless otherwise stipulated at the time of booking.
19. Civil Aviation Authority Regulations
Civil Aviation Authority Regulations, specify that both the outbound and inbound of the air ticket must be used. In the event that the outbound flight is not used, the passenger will not be allowed to return on the inbound charter flight. Should anyone check in less than 90 minutes before the ticketed departure time, (unless specifically stated on the final itinerary) admission to the flight is likely to be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any costs involved.
For your further financial protection the air holidays and flights offered in our brochure and itineraries are ATOL Protected, since we hold an Air Tour Organisers Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 5903. Where our flights are offered through other ATOL Holders, their ATOL number will be shown on all subsequent correspondence and invoices. In the unlikely event of insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
20. Car Hire or Other Associates, Terms & Conditions
Any agreement entered into in relation to car hire or any other provision of offers or services from one of the associate companies who are advertised through the auspices of Benchmark Travel Ltd, is between you, the individual and the particular company/concern involved. The terms and conditions of such agreements taking precedence and/or substitution for those offered by Benchmark Travel Ltd unless so determined by law.
21 Holiday Insurance
It is your responsibility to have relevant Travel Insurance in place at the time of travel for all travellers in the party. Ideally this should be put in place at the time of booking to cover amendment or cancellation possibilities.
You can book Travel Insurance on this website by following the highlighted link.
22 Further Relevant Conditions
There may be further relevant conditions applicable to your particular booking.
These can be obtained on request. (See opening paragraph).