TERMS AND CONDITIONS
The clients’ contract is with Caribtours Ltd and is made under the Law of England and made at 210 New Kings Road, London SW6 4NZ. Tel: 020 7751 0660
Booking Requests The appropriate deposit is required at the time of booking; since we do not require a booking form, your Travel Adviser will confirm all details of your booking and it is vital that you ensure that these are correct and correctly reflected on your confirmation invoice.
Confirmation The booking is not accepted until a confirmation invoice has been issued by Caribtours. If a booking is not accepted or Caribtours is unable to make reservations as requested and no acceptable alternative arrangements can be made, all monies will be refunded.
Payments A deposit of £300 per person is payable at the time of booking (except yacht charters, villa and cruising holidays where between 15% and 50% of the total holiday cost is required, flights on selected routes where full payment is required or when flight tickets have to be issued earlier than usual, and some hotels in high season where an increased deposit must be collected). This deposit is the client’s only financial obligation until eight weeks prior to departure. A confirmation invoice will be issued when all reservations have been made, full payment of which is due eight weeks prior to departure. If the booking is made within eight weeks of departure, full payment is required at the time of booking. If the holiday is arranged through a travel agent, all monies paid by the client to the travel agent, under or in contemplation of a contract with Caribtours, are held by the travel agent as the agent of Caribtours, until the date on which the agent pays the money to Caribtours. Note: Non-payment or late payment outside of these terms may result in the cancellation of the booking (with cancellation charges being applied), or alterations to the booking.
Prices & Caribtours’ Price Guarantee We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. The holiday price shown on your confirmation invoice is guaranteed, and will not be subject to any changes or surcharges, unless the client elects to change the confirmed booking (see Cancellation or Alteration sections on this page). We do however reserve the right to pass on the cost of any levy introduced by the UK government or any other regulatory body in 2014 or 2015, for increased financial protection against financial failure, should this apply to the validity of this website.
Out of date range flights In cases where the flights requested are not yet available to book, a contract will come into existence on the basis the price payable will be that applicable when the airline releases the seats for sale, which may be different to that advertised at the time of booking.
Cancellation by the Client If you need to cancel a confirmed booking, then this must be notified to Caribtours in writing; the cancellation will be effective from the day such written notification is received. Subject to when notification of a cancellation is received, the following scale of charges will be payable by the client:
Days before departure Cancellation Charge
56 days or more Forfeit deposit
55-43 days 40% of total
42-29 days 60% of total
28-16 days 75% of total
15-3 days 90% of total
Within 2 days 100% of total
We strongly recommend that our clients secure adequate travel insurance at the time of booking. Please note that Caribtours no longer offers insurance policies.
Alteration by the Client Caribtours will do its very best but cannot guarantee to comply with any request by the client for alteration to a confirmed booking prior to departure. Caribtours will charge an administrative fee of £25 per person per alteration and will pass on any associated costs incurred before, during or after the holiday and passed on by our suppliers; alterations made by the client within six weeks of departure will be subject to a £50 per person per alteration fee. Any alterations are only possible if our suppliers permit them. It is essential that clients ensure that details of all names provided to their Travel Adviser and shown on the confirmation invoice compare exactly with those on each passport. Please note that airlines will usually refuse amendments to reservations after departure except on the payment of a fee, which varies from airline to airline up to and including the full one-way published fare. Any additional costs resulting from an earlier or later return than the one scheduled will be the client’s responsibility.
Cancellation or Alteration by Caribtours Every effort will be made to operate each client’s holiday as advertised but Caribtours reserves the right to modify or cancel any holiday arrangements at any time up to 8 weeks before departure. In the event that Caribtours is compelled to cancel or alter holiday arrangements due to reasons beyond its control, every endeavour will be made to provide suitable alternative arrangements of the same standard, or if the client prefers, Caribtours will refund all monies paid. Caribtours will make every effort not to materially modify or cancel the holiday within 8 weeks of departure, except in circumstances amounting to force majeure*. A material change is, for example, one which involves a change of UK airport (except between Gatwick and Heathrow), the destination, the booked accommodation to a lower rating, the departure time or length of holiday by more than 12 hours (except for curtailment or force majeure). A minor change is any other change. In the event of building work, extended hotel closure or similar circumstances which result in the accommodation reserved being unavailable, Caribtours will take all reasonable steps to provide accommodation of a similar or higher standard at no extra cost, or if this is unavailable, a lower standard of hotel and a refund of the difference in price of the accommodation. Compensation will only be paid for a material change as follows:
Number of days Compensation
prior to departure per person
42-56 days £10
29-41 days £20
15-28 days £40
0-14 days £50
* FORCE MAJEURE – if any holiday has to be modified or cancelled because of war, threat of war, riots, civil commotion, strikes, disasters, terrorist activity, fire, adverse weather conditions, unavoidable technical problems to transport, epidemic or pandemic illness, closure or congestion of airports and similar events beyond Caribtours’ control, Caribtours will endeavour to offer alternative arrangements or, if the client prefers, make a full refund of all monies paid. Compensation will not be payable in circumstances amounting to force majeure.
Insurance It is essential that you and all members of your party are covered by a policy of travel insurance. Policies can be purchased through travel agents and banks or direct from insurers. The policy should cover personal accident, death, medical and repatriation expenses, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses.
Liability Caribtours publishes this website on its own responsibility which does not commit any airlines mentioned herein or suppliers whose services are used during the course of the holiday. Caribtours takes all reasonable steps to ensure that those who are involved in the planning and provision of the holiday maintain the highest standards. All information given in this website is correct at the time it is prepared, but services or facilities may be changed. Wherever possible, clients will be advised of changes prior to departure. If the client considers any particular facility to be vital to their holiday, they must advise Caribtours in writing of this no later than 4 weeks prior to departure. This includes smoking, as many of our resorts have strict policies. Caribtours will endeavour to confirm that the facilities are still available subject to inclement weather or unforeseen eventualities. Caribtours will accept liability for matters which arise as a direct result of the Company’s negligence and/or breach of its contractual duty to exercise reasonable care in making arrangements for its passengers, including any acts or omissions by its employees, agents or suppliers. Where the services in question consist of carriage by air or by sea, Caribtours shall be entitled to limit its obligations and liabilities in the manner provided by international conventions in respect of air or sea carriers. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices - 210 New Kings Road, London SW6 4NZ. Tel: 020 7751 0660.
Under EU law you have rights in some circumstances to refunds and/or compensation from your 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. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 020 7453 6888 / www.caa.co.uk.
Any such claims shall be subject to English Law in respect of any quantum or liability and all proceedings shall be within the domain of the English courts but not exclusively so if you live elsewhere in the UK, when the courts of Scotland and Northern Ireland also have jurisdiction.
Caribtours, at its discretion, will offer assistance to a client in the form of advice, guidance and initial financial help where appropriate, who through misadventure, suffers illness, personal injury or death during the period of their holiday, arising out of an activity which does not form any part of the foreign inclusive holiday arrangements, nor an excursion offered through Caribtours. Costs in respect of the above on behalf of the client and party shall not exceed £5,000 in total. This service is provided by a legal expenses insurance policy which Caribtours has taken out for its customers’ benefit.
Your Financial Protection 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 listed in this brochure. 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. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate. We provide full financial protection for our non-air package holidays and single element arrangements, by way of a bond held by ABTA. For further information please see www.abta.com.
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 they have bought or a suitable alternative (at no extra cost to the client). 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 their 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 the client’s 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 the client has claimed under the ATOL scheme.
Passports/Visas/Vaccinations All clients are themselves responsible for ensuring that they have a valid passport, appropriate visas and conform to the health regulations regarding vaccinations current at the time of travel (refer to Useful Information page 101 for further details).
Luggage Caribtours is only liable for loss or damage or delay to luggage caused by the direct negligence of Caribtours.
Special Requests Caribtours will make every reasonable effort to make arrangements which comply with special requests, but cannot and does not guarantee that there will be compliance with the special request/s. Furthermore, Caribtours has no legal liability whatsoever in the event that the holiday arrangements do not comply with the special request.
Complaints If the client has a complaint during the holiday, they should contact the local Caribtours representative or the hotel manager. These individuals are best placed to put matters right immediately and may well be able to do so. Failure to make such contact could result in loss of any legal right in connection with matters causing complaint. If there is still cause for complaint on return to the UK, the client is required to seek satisfaction by writing to Caribtours within 28 days of the end of the holiday, providing full details of the holiday and the reason for the dissatisfaction. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered 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 the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com).
The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires your tour operator to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, personal information including any special needs/dietary requirements, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We are required to pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may be required and provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person who is not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities or dietary/religious requirements.
If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
You are entitled to a copy of your information held by us. If you would like to see this, please contact us at Caribtours Ltd.
We record calls for training and monitoring purposes.
a) What you are allowed to do
You may access this website to obtain information, check suitability, availability and to make legitimate reservations or purchases of holidays, flights and related products and services. You may print off one copy only of any individual page for your own personal use. This includes making copies solely for the purpose of storing the same into a cache memory or copies made when the file is downloaded, as long as you do not do any of the things detailed under "What you are not allowed to do".
b) What you are not allowed to do
You are not allowed to:
- Copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any material contained in this website except as set out above in "What you are allowed to do".
- Copy any material from this website for any other commercial purpose.
- Remove any copyright, trademark or other intellectual property notices or watermark contained in the original material or from any material copied or printed from the website, use the website for any activities that breach any laws, infringe any other parties' rights, or breach any standards, content requirements or codes published by any relevant authority.
- Use the site in any way that interferes with our systems, other users or harasses, menaces or harms anyone. You will indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected with, use of the site by you or any other person using your login information.
- Use the site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
c) What you must do
You must read the relevant Booking Terms and Conditions before booking any holiday. If you book any other product or service you must make sure you are aware of and accept any conditions that apply to that product or service.
d) Ownerships, copyrights and trademarks
This website consists of images, texts, formats and styles of presentation, software (including HTML code) and material analogous to it ("Material"). All copyright and other moral, ownership and intellectual property rights capable of subsisting in the Material or derivatives of it from time to time is either owned exclusively by or is licensed to Caribtours Ltd. You acknowledge our rights to the Material. Save as provided elsewhere in these Terms you must not copy, modify, manipulate, transmit, perform, publish, display, license or create derivative works from Material accessed through this website. Where copying or transmission is expressly permitted, you must not display any author attribution or copyright notice. This website also contains certain Caribtours Ltd trade marks (whether granted or applied for), graphics, logos and service names ("Devices"). The Devices are owned exclusively by Caribtours Ltd or a subsidiary and may not be copied or reproduced in any format (save as provided elsewhere in the Terms), or used in connection with any product or service without Caribtours Ltd consent or in any manner that is likely to cause confusion among customers, disparages or discredits Caribtours Ltd. All other trademarks not owned by Caribtours Ltd or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Caribtours Ltd or its affiliates.
e) Changes to these terms and conditions
We may at any time change or modify all or any part of these Terms. By browsing this website you are accepting that you are bound by the terms and conditions and disclaimer current at that time, so you should check these each time you visit the site. Please note that these Terms are distinct and separate from the Booking Terms and Conditions (or other specific conditions) that must be accepted by you before we agree to offer any holiday, flight or related products or services to you directly through or pursuant to this website. If you have any questions, please feel free to contact us.
f) Customer's responsibility
You represent that you are of sufficient legal age to use this site, and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this website by yourself, and those using your login information.