'LUXURY CARIBBEAN' is a trading name of:
Westgate Travel, 91 Talbot Road, Talbot Green, Mid Glamorgan. CF72 8AE
Partners : J D & A W Paulett
ABTA No. 90295
Details of ABTA's financial protection scheme can be found at http://www.abta.com
Westgate Travel act as agents for various tour operators, all of which will provide cover under a tour organiser’s licence (ATOL licence) granted by the Civil Aviation Authority for the sale of package holidays.
Many of the holidays supplied by Luxury Caribbean will be supplied by Caribtours holidays. Their Terms and Booking Conditions can be viewed below.
Caribtours Booking Conditions
Introduction
We are Caribtours Ltd . These Booking Conditions set out the terms on which you contract with Caribtours ("the Company"). Please read the following information carefully.
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.
We are also fully bonded by the Civil Aviation Authority under Air Travel Organiser's License (ATOL) no. 2674. We are also members of ABTA. Our ABTA membership number is V6665.
These terms and conditions, together with our booking conditions, privacy policy and security policy constitute our agreement with you for the sale of the products advertised on and sold to you through this website. Together, these are referred to as our Terms. The products available on this website are only available to UK residents. Your booking through this website is conditional on you accepting our Terms. If you do not fully agree with any part of them you must not proceed with your booking. If there is any part that you do not fully understand, or if you have a query on the holiday or product, please contact 'Luxury Caribbean' on 0845 539 9713. By browsing and using this website you are therefore deemed to have accepted the terms and conditions relating to its use.
Your reservation
When booking by phone, you will be asked to provide details of each person travelling and confirm that you have read and agreed to our Booking Conditions as presented online.
You will then be asked for payment of the full amount. Payment can be made by debit/credit/charge card. Payments made using a credit or charge card (Visa, Mastercard and American Express) will incur a fee.
Non-payment or late payment of your outstanding balance may result in your booking being treated as cancelled by you, in which case, the cancellation charges set out in "Cancellation by the Client" will be incurred. Once payment has been received, we will send you a Confirmation Invoice and a contract will exist between us once this has been issued.
Please note that we require passport details for all passengers travelling. Incorrect information supplied will be subject to amendment charges as stated in "Alteration by the Client".
Some airfares are booked at especially competitive rates to which the airlines may attach severe restrictions. You may be asked to pay for these in full at the time of booking and they may be non-refundable in the event of a cancellation. Details will be given at the time of booking.
The lead passenger name should be the person who has confirmed the booking. We will require written/signed confirmation to take payment from a third party (even if that person is travelling as part of the 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.
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.
Prices & Caribtours' Price Guarantee
We reserve the right to alter the prices of any of the holidays shown in our brochure. 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.
If the price of your holiday goes up, you will not be charged for any increase equivalent to 2% of the price of your holiday. You will be charged if the increase is over and above that amount. If this means that you have to pay an increase of more than 10% of the price of your holiday, you will have the option of accepting a change to another holiday if we are able to offer one or cancelling and receiving a full refund of all monies paid excluding any amendment charges. 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 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 cancellation invoice.
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 2010 or 2011, for increased financial protection against financial failure, should this apply to the validity of this brochure.
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: 30% 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 does not offer 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 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 prior to departure per person / Compensation
- 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 online, 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
i) You to the Company:
(a) It is your responsibility to arrive at places stated at the correct times and to reconfirm your return flight and departure times. The Company has no liability whatsoever to you for your failure to do so.
(b) You must act and behave in a reasonable and responsible manner toward any other person you meet in the course of your travel arrangements. The Company reserves the right to cancel forthwith your holiday arrangements in the event that you fail so to act and behave and any consequent loss or damage that you suffer lies with you. The Company has no liability whatsoever to you in such event.
(ii) The Company to You:
Caribtours publishes this information 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. Every effort is made to ensure that the content of this website is accurate but services or facilities may be changed during the course of the year.
Wherever possible, clients will be advised of changes prior to departure and errata message displayed to highlight any relevant changes.
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.
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 Air Transport Users' Council on 020 7240 6061 / www.auc.org.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.
Descriptions & accuracy
Descriptions are based on inspections made by representatives on the Company's behalf and on information passed to the Company. We take every precaution to ensure that the descriptions of each property and facility are as accurate as possible at all times. However, circumstances can change. The availability of facilities and amenities may be affected by local conditions, such as inclement weather or the season. Suppliers of services such as accommodation, transport, recreational facilities can make changes with no advance notice to us. When we become aware of any significant changes, we will advise you at the time of booking or, if after booking, as soon as possible before departure.
Consumer Protection
The air holidays in this website are ATOL protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 2674. 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. For further information, visit www.atol.org.uk.
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.
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 do 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.
Data protection
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.
Website terms of use
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.
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.