The following Booking Conditions, together with the Holiday Information in our brochures or on our websites, will form the basis of the contract between you and Platinum Holidays Ltd (trading as Discover Egypt, Discover Jordan, Discover Israel, Sundown Holidays) which is registered in England under company number 1183909. Registered Address: East House, 109 South Worple Way, London, SW14 8TN.
1. BOOKING YOUR HOLIDAY AND PAYMENT
When making a booking either directly or through a Travel Agent you guarantee that you have the authority to accept and do accept these booking conditions on behalf of yourself and your party. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and both parties agree to submit to the jurisdiction of the English Courts or of Scotland or Northern Ireland if you live there and wish to do so. If for any reason we are unable to accept your booking your deposit will be returned.
We can only accept a booking if the lead name is a minimum of 18 years on or before the date of departure - if under the age of 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.
All bookings made require full payment at the time of booking for holidays departing within 10 weeks of travel. If you make your booking more than 10 weeks prior to your departure date you will be required to pay a deposit of £300 per person together with any applicable insurance premium, or an agreed amount where flight seats are purchased at the time of booking. If we have to purchase flights in advance we reserve the right to charge you the full cost of these flights by way of a higher deposit and you will be advised of the increased deposit cost at the time of booking.
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. 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.
Any monies paid by you to the agent are held by the agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligations to pay it to us for as long as we have not failed. In the event that we fail, any money held or subsequently accepted from the consumer by the agent is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Upon receipt of the above documents, if you believe that any details on the ATOL Certificate or 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 five working days
It is a condition of the contract that you will take out appropriate travel insurance either from the recommended company on our website, or an equivalent policy. Further information on travel insurance is on our website.
Any services purchased locally, even if these are arranged by our representative or agent, do not form part of this contract.
The balance of the price of your holiday must be paid at least 10 weeks before your departure date. If the deposit and or balance are not paid on time, we reserve the right to cancel your holiday. If the balance is not paid on time we shall retain your deposit and reserve the right to cancel your holiday and levy any cancellations charges as set out in clause 4.
We accept payment by Cheque, Delta, Switch/Maestro, MasterCard and Visa. Customers choosing to use credit cards as a method of payment will be subject to a minimum handling fee of 2%. We do not charge a fee for bookings made with either Electron or Solo and most other debit cards.
2. CHANGES TO YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your holiday in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be communicated from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £30.00 per person and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and can within 70 days be treated as a cancellation and charged as per the charges in clause 3. Please note that flights purchased in advance on charter or scheduled/low cost airlines are subject to fare restrictions and may not be changeable or refundable after a reservation has been made and any cancellation or alteration request could incur a cancellation charge of up to 100%. No refunds are available
3. CANCELLATION BY YOU
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. The following scale of cancellation will be payable depending on when the notification is received.
Period of notification prior to departure date
Amount of cancellation charge excluding amendment charges and insurance premiums
70 days or more Deposit Only
69 - 29 days 50% of holiday cost or deposit if greater
28 - 22 days 70% of holiday cost or deposit if greater
21 - 11 days 90% of holiday cost or deposit if greater
10 days or less 100% of holiday cost
If one or more members of your party wishes to cancel this may result in a room being under occupied and the remaining people on the booking may have to pay any additional charges to retain the booking
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
4. PRICE POLICY
All prices we advertise are believed to be accurate at the date of publishing but we reserve the right to change any of those prices before you book, including any special offers which we may have from time to time and which may or may not be the same as advertised in any promotional material including our website. We will be able to tell you or your travel agent the correct price before confirming your booking.
Once the price of your holiday arrangements has been confirmed at the time of booking, no amendment will be made to it unless it is to make a correction to an error, or if our costs change as a result of an increase or decrease in transportation costs including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or as a result of any changes in the exchange rates which have been used to calculate the cost of your arrangements. Only if the amount of the increase in our costs exceeds 2% of the total cost of your arrangements (excluding insurance premiums and amendment charges), will we make an additional charge plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If any additional charge is greater than 10% of the cost of your arrangements (excluding insurance premiums and any amendment charges), you will have the option of accepting a change to another holiday if we are able to offer or cancelling and receiving a full refund of all monies paid, except for any amendment charges. If you do not inform us of your choice within 14 days from the issue date printed on our additional charge invoice, we are entitled to assume that you will pay the additional charge.
Any additional charge must be paid with the balance of the cost of the arrangements or within 14 days of the issue date printed on the additional charge invoice, whichever is the latter. We will not levy an additional charge nor make a refund within 30 days of departure.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. 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.
5. CANCELLATION OR ALTERATION BY US
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 or your travel agent 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 10 weeks before 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 all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows:
Monarch Airlines/Thomas Cook Airlines/Thomson Airways/EgyptAir/BA/EasyJet/Royal Jordanian
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other 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 standard.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either, accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or cancelling your holiday and receiving a full refund of monies except for insurance premiums and amendment charges if applicable. In all cases, except where the major change arises due to force majeure, we will pay compensation as detailed below:
Period of notification prior to departure date
Amount of compensation per person
70 days or more Nil
69 - 43 days £10
42 - 29 days £20
28 - 15 days £30
Less than 14 days £40
This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, threat of war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, epidemics, health risks adverse weather conditions, unavoidable technical problems with transport including changes due to schedules being cancelled or changed by the airline, airports or ports being closed or congested and all other similar events.
6. OUR RESPONSIBILITIES
We accept responsibility for ensuring that your holiday arrangements, which you book with us, are supplied as described and to a reasonable standard. If any part of your holiday arrangements are not provided to a reasonable standard, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation if it is found to have affected the enjoyment of your holiday and you have taken all reasonable steps to notify our staff or the supplier locally and given us the opportunity to rectify the problem and reduce your loss.
However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the value of your holiday arrangements excluding insurance premiums and taxes.
Our liability will also be limited in accordance with and/ or in an identical manner to
a) The contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract.; and
b) The provisions of all international conventions which concern transportation and accommodation namely 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. Copies of these conventions are available upon request
Under EU law you have rights in some circumstances to receive a refund and/ or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights is publicised at EU airports and is also available from airlines. However, reimbursement in such cases is the responsibility of the airline and 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 3. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If the airline does not comply with these rules you should complain to the CAA Consumer Protection Group on (020) 7453 6888 or e-mail firstname.lastname@example.org
In accordance with EU policy we are required to bring to your attention the existence of a “Community list” (available for inspection at www.ec.europa.eu/transport/air-ban/list_en.htm detailing air carriers that are subject to an operating ban within the EU Community.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Excursions or other activities that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other activity that you book, your contract will be with the operator of the excursion or activity and not with us. We are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
7. YOUR RESPONSIBILITIES
It is your responsibility to ensure that any specific passport, visa and health requirements required for your holiday are obtained. We cannot be held responsible if you fail to do so and you will liable for meeting any additional costs incurred as a result of such failure. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. We will have no liability whatsoever to you through your failure to do so.
If, in our opinion, or in the opinion of any other person in authority you or any member of your party behaves in such a way to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we reserve the right to terminate the holiday of the person(s) concerned. In such a case we will have no further responsibility towards such person(s) including the costs of neither repatriation nor will any refunds be made and we will not pay any expenses or costs incurred as a result of this termination.
We strongly recommend that you have adequate travel insurance in the interests of you and your party. Your travel insurance should cover against cancellation, curtailment, missed departure, delay, personal accident, death, medical & repatriation expenses, loss of baggage and valuables, personal liability and legal expenses. Our recommended insurance is with Holiday Extras and you may receive a quote and/or purchase by click here on this link - HOLIDAY EXTRAS. Should you choose not to take our recommended insurance policy please make sure that you have adequate insurance cover as we cannot be held responsible for any costs that arise which would otherwise have been met had such insurance been taken out.
9. WEBSITE AND OTHER INFORMATION
Every effort is made to ensure that the details, description and prices contained in our brochure, on our website or which is otherwise produced or published by us is based on information available at the time of publication. Whilst every effort is made to ensure the accuracy of this, regrettably errors do occasionally occur sometimes at short notice and therefore we will advise you at time of booking, or if after booking as soon as possible of any such changes to our published information including our website and the amended information will then form part of your contract with us.
You should bear in mind that certain facilities, particularly sports, entertainment and excursions, are subject to demand at any given time.If a hotel is equipped with centrally controlled air-conditioning, the period and time of functioning of the system is at the discretion of the hotel management.
You must ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
10. FLIGHT DELAYS
If your flight is delayed or altered it will be the responsibility of the individual airline to make appropriate welfare provisions such as light refreshments, meals, overnight accommodation etc. We are unable to make any compensatory payments or provide refunds as a result of any costs incurred due to a lengthy delay but it may be possible to make a claim through your travel insurance for any flight delay.
See section 5 for further details of your rights in cases of delay to flights.
Flight times are provided by airlines and are subject to change owing to matters such as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. As between you and any individual airlines, the airline's standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from us on request.
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a significant delay for any reason, you must contact the airline or other transport supplier concerned immediately.
The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 17 (2) (a) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a flight delay or cancellation which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them.
(d) Under the Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. 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/passengerrights. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not entitle you to a refund of your holiday price from us.
(e) We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 of these booking conditions (which includes the behaviour of any passenger(s) or for any passenger who, for example, fails to check in or board on time). 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. However, you may be entitled to claim under the flight delay section of your travel insurance policy.
(f) We have no control over how much leg room (seat pitch) airlines allow on their aircraft. No guarantee can be given as to a particular seat configuration on board as aircraft types vary. However, these seat pitches are standard throughout the airline industry and comply with current Civil Aviation Authority guidelines.
(g) This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative or local agent immediately who will endeavour to put things right. If we cannot resolve your problem locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 34 Camden Road, Bexley, DA5 3NR giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
If you do not tell us about your complaint whilst in resort we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were there and this may affect your rights under this contract.
We are a Member of ABTA, membership number Y6386 . We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved
12. CONSUMER PROTECTION
We provide full financial protection for our package holidays. When you buy an ATOL protected air holiday package from us you will receive a Confirmation Invoice from us and issued with an ATOL Certificate (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 11223. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. Therefore, you can book your holiday with confidence safe in the knowledge that your money and holiday are fully protected. For further information visit the ATOL website at www.atol.org.uk
13. DATA PROTECTION
We need to use any information you have given us to provide the holiday you have asked for. We will apply appropriate security measures to protect this data; however, we must pass this to suppliers of your travel arrangements, security or credit checking companies and to public authorities such as customs and immigration. When you make this booking, you consent to this information being passed to the relevant people. We may also use this information to contact you with details of other products and services offered by us or our trading partners. If you do not want to receive this information, then please contact us on 0207 407 2111.
Updated September 2016