Booking Conditions

Cachet Travel is a trading name of Affinity Travel Limited. Your contract is with Affinity Travel Ltd. and the air holidays and flights in this brochure are ATOL protected, since we hold an Air Travel Organiser’s Licence, No 6036, granted by the Civil Aviation Authority. 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 the ATOL website at www.atol.org.uk.

These booking conditions have been formulated as a result of our responsibilities under law. They do not affect you statutory rights.

(1) What happens when you make a reservation?

The person in whose name the booking is made acts on behalf of all other persons named, must be over 18 years of age and becomes responsible to us for all payments in respect of the booking. Your reservation will be confirmed upon payment of a deposit of £100 per person plus any applicable prepaid air fares or insurance premium. All bookings are made and accepted subject to the terms set out in these conditions and the information detailed in this supplement. When you or your travel agent makes the booking a contract is made, and we will confirm your booking as soon as we receive your instructions verbally, electronically or in writing. We allow 5 working days from confirmation of the booking for monies to reach us. If after that period monies have not been received, the holiday is cancelled and cancellation charges will apply. The balance of the holiday cost must be received by us at least 8 weeks before departure date. Please note that you will not receive a reminder that final payment is due. Please also ensure you send payment in sufficient time for us to pay-in and clear it through your bank, otherwise your booking will be cancelled, and you will be liable to pay cancellation charges as shown in Condition (8). If your holiday is arranged through one of our authorised travel agents and not directly with us, then all monies paid to your Travel Agent are held by him as an Agent of Affinity Travel Ltd. Late Bookings.

For all bookings made within 8 weeks of departure, the holiday is confirmed as soon as confirmation is given verbally over the telephone, or by e-mail, by you or your Travel Agent. Therefore if you subsequently cancel your booking, cancellation charges as shown in Condition (8) apply. Full payment for the holiday, including insurance premiums, must be made at the time of booking in order to secure the reservation. It is a condition of booking that you are adequately insured on your holiday either by taking out cover via ourselves or other reputable companies.

(2) What do we charge for children, toddlers and babies?

The conditions below apply to all children holidaying with Cachet Travel.

(a) Definitions: an ‘infant’ is a child under the age of 2 on the return of such child to the UK. Age limits for child prices vary from hotel to hotel and are clearly indicated in the relevant price panels. Handling Agents at Airports will specifically check the child’s date of birth with Passport entries.

(b) Price reductions for children are as per our price panels and apply to children sharing with two full fare paying adults.

(c) In all accommodation the adult price is based on the number of adults and children sharing the accommodation.

(d) Infants travel for £35 and cots are provided free of charge if requested at the time of booking. Passengers booking places for infants, where the infant is found to be outside the age limits specified above, will be required to pay the full price plus an amendment fee, before any member of the party will be allowed to board the aircraft. Any child booked as an infant who is, in fact, over the age of 2 on the date of RETURN travel, will be refused permission to board if there are insufficient seats on the aircraft, as airline regulations stipulate that children over 2 must have their own seats.

(3) What happens if we change your holiday?

We plan our holidays many months in advance and though it is unlikely that we will have to make any changes to confirmed bookings, it can happen. Changes are usually of a minor nature, and we will advise you or your travel agent at the earliest possible date, if there is time, before your departure. Flight timings and carriers in this brochure are subject to change - confirmed details will be sent with your tickets.

Cachet Travel reserves the right to alter the brochure flight departure time to a different time within a period of twelve hours of the notified time of departure, without responsibility for any loss or damage arising from such a change.

The scheduling of departure times may be varied by Airport Authorities or other factors beyond our control after this brochure is printed and the details given are for your guidance only. We are unable to accept any liability for any delay to your flight, whether the delay or cancellation is caused by adverse weather conditions, the action of air traffic controllers, the action of airport authorities or governments, the rescheduling of times by the airline, mechanical breakdown, strike or industrial action or otherwise. In such circumstances you may be able to make a claim under your insurance policy. We reserve the right to alter the airline or aircraft type operating your flight, this is not a material change, and we will be under no obligation to notify you of any such change.

If a major change occurs, provided it does not arise from events beyond our control, you will have the choice of (a) accepting the changed arrangements, (b) purchasing another available holiday from us, or (c) cancelling or accepting the cancellation and receiving a full refund of all money paid to us. In all cases we will pay compensation on the scale shown below. ‘A major change’ is any of the following made before the day of departure: change of departure airport, holiday area, change of flight departure time by 12 hours or more, substitution of accommodation originally booked with one of a lower price or official grading. If you wish, we will give you a Credit Voucher against a future Cachet Travel Holiday instead of cash.

*NB For children invoiced at reduced rates compensation will be paid on a pro-rata basis.

Compensation payments apply to all holidays booked including reduced price or special offer holidays. However, in the case of reduced price or special offer holidays, compensation is 50% of the above rate. They do not apply to changes caused as a result of force majeure, war, threat of war, riots, civil strife or disturbance, industrial disputes, terrorist activity, natural disasters, fire, technical problems to transport, closure or disruption of airspace or airports or seaports, cancellation of scheduled airline or sea services, or other events outside our control.

On rare occasions it may be necessary to change your holiday on arrival in resort. In this event every effort will be made to provide accommodation of the same or higher standard in the same or similar type resort.

(4) Supposing Cachet Travel cancels your holiday?

We reserve the right, in any circumstance, to cancel your holiday. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure date, except for the reasons detailed in Conditions (1) and (3). If due to events beyond our control, we are no longer able to provide the holiday originally booked, we will return your money, or offer you an alternative holiday of a comparable standard.

(5) What are Cachet Travel’s responsibilities?

We accept responsibility for the acts and/or omissions of our employees, agents, and suppliers while acting within the scope of, or in the course of their employment with us. We also accept responsibility for any deficiencies in the services we are contractually obliged to provide, or the failure of such services to reach a reasonable standard.

We are unable to accept responsibility for any aspect of your holiday affected by matters over which we have no control. These include war or threat of war, riots and civil strife, terrorist activity, natural or nuclear disaster, weather conditions, fire, flood, drought, industrial disputes, government action, airport regulations and closures or technical transportation problems which may affect the service of hotels, villas or apartments abroad or the scheduling of aircraft or other transport or other circumstances amounting to Force Majeure. Our travel insurance does provide cover in respect of some of these eventualities. We do not accept responsibility in respect of death, bodily injury or illness of any person taking one of our holidays, except when caused by the negligent acts and/or omissions of our employees, agents, suppliers or sub-contractors while acting within the scope of, or in the course of their employment, agency, contract of supply or sub-contract.

We will give what assistance we can to a client who through mishap suffers illness, personal injury or death during the period of the holiday, arising out of an activity which neither forms part of the foreign inclusive holiday arrangements, nor forms part of an excursion offered through Cachet Travel. Additionally, if it is necessary for you, or any member of your party to bring legal proceedings arising out of the mishap, subject to our reasonable discretion and providing that you request it within 90 days of the occurrence of the mishap, we will meet the initial legal costs associated with such proceedings. This is limited to £5,000 per booking, and may be granted as a loan if you have suitable insurance cover already, or if there is any claim for the costs against a third party.

We have done our best to ensure that our brochure is accurate at the time of going to press. However, you will appreciate that we do not own the accommodation, airlines or other services and facilities that you will be using and changes may occur.

On occasions, especially during low season, certain facilities or amenities such as water sports, swimming pools, restaurants etc. may not be open or available as advertised due to maintenance, weather conditions, lack of demand, local government regulations or for other reasons outside our control. Some suppliers may make a small local charge for such facilities as air-conditioning, fans or cots.

Special requests, noted as such on our confirmation invoices, are not guaranteed although we will pass them on to our suppliers. If you have any disabilities or special needs it is important that you point this out to us at the time of booking so that we can ensure that your chosen property is suitable and adequate provision has been made. During carriage by air or sea, our obligations and liabilities are limited in the manner provided by international conventions in respect of air and sea carriers.

Be advised that in the event that you or a member of your party are disruptive or behaving in an unsociable manner the company will have no further liability or responsibility to you in respect of accommodation or flights.

(6) Is the price of your holiday guaranteed ?

All prices include VAT and are based on the following exchange rates as quoted in the Financial Times Guide to World Currencies on Monday 17 October 2007. £ = Euro 1.4325.

We reserve the right to vary the price of your travel arrangements due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contract between airlines (and their agents) and the tour operator or organiser. Also government action such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation.

If this means paying more than 10% on the holiday price you will be entitled to cancel your holiday with a full refund of all money paid, except for any premiums paid to us for insurance or any amendment fees, as long as you put your intention in writing within 14 days of the issue date of our amended invoice.

(7) What happens if you change your holiday plans?

If you wish to change your holiday in any way, and we can accept the change, the following charges will apply. Timescales refer to the date of receipt of your instructions in writing, and cancellation charges are detailed in Condition (8).

More than 56 days before departure - £25 per change.

Less than 56 days before departure - Cancellation charges apply.

Please Note:

(i) No changes are allowed from a full price holiday to a special offer holiday.

(ii) Any changes of departure date are treated as a cancellation and rebooking.

(iii) If the number of persons change the holiday price will be recalculated on the basis of the amended party size, subject to availability. If one person in a twin room cancels we reserve the right to pass on the full cost of the twin room to the person using the room. Any increase in price per person as a result of a part cancellation is not a cancellation charge and is not covered by our insurance. A separate cancellation charge as detailed in Condition (8) will be made against the cancelled element, and the booking will be re-invoiced accordingly.

Name changes: Names can be changed at £10 per name up to 21 days prior to the departure date. Thereafter, each change will incur a £20 charge.

N.B. On scheduled flights no changes, including names, can be accepted within 42 days of departure and changes outside this time may incur a further penalty depending on the specific conditions of the fare level applied.

(8) And if you cancel?

If you wish to cancel your holiday, this must be done in writing by the person in whose name the holiday is invoiced (or the travel agent through whom the booking was made), and sent by Recorded Delivery. In the event of cancellation or part cancellation, the following charges become payable:

CANCELLATIONS MUST BE NOTIFIED IN WRITING TO US OR YOUR TRAVEL AGENT AND COMMENCE FROM DATE RECEIVED BY CACHET TRAVEL.

Please note that if the reason for cancellation falls within the terms of your insurance policy, then any such charges will normally be refunded to you by the insurance company.

The insurance premium is forfeited on cancellation. Please note that if you do not turn up for your flight, unless you inform us otherwise, your booking will be treated as a cancellation and normal cancellation charges of 100% will apply.

(9) What happens if you complain about your holiday?

If a problem arises during your holiday, it is important that you advise the supplier and/or representative at the earliest opportunity, who will endeavour to put things right. If your complaint cannot be resolved locally, our representative will ask you to complete a report form, the original of which is for you. This form records your grievance or complaint made whilst in resort. Should you wish to take the matter further, please write to Customer Services, Cachet Travel, 1st Floor, Coomb House, 7 St Johns Road, Isleworth, Middlesex,TW7 6NH, or your Travel Agent, within 28 days of returning home quoting your Booking Reference number. Unless there is a valid reason, we will not consider Cachet liable for any complaint that was not initially registered with our representative ‘in-resort’.

It is unlikely that you will have a complaint that cannot be settled amicably. Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may be referred to arbitration, if the client so wishes, under a scheme arranged 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 client in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £15,000 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. For full information of the scheme visit www.arbitrators.org, telephone 020 7421 7432 or write to the Chartered Institute of Arbitrators, International Arbitration Centre, 12 Bloomsbury Square, London WC1A 2LP.

(10) What happens if you lose or damage a piece of luggage?

Under the terms of various international conventions, while your personal effects and baggage are in the hands of the carrier, the carrier is liable for the safety of such baggage. If your baggage is lost or damaged between the time of airport check-in, and the recovery of the baggage from the carrousel at the end of the flight, then the carrier is under a duty to pay compensation. The amount of any compensation is determined by international convention, details of which are on the reverse of your flight tickets. In case of loss or damage a Property Irregularity Report must be completed before you leave the airport. Should your claim be in excess of the airline’s compensation level, then you should approach your insurers to see if they will pay the difference.

It is your responsibility to ensure that all your belongings are loaded onto the correct transfer coach, minibus, taxi or hire car.

At all other times when your personal effects and/or baggage is in the custody care and control of Cachet, we will be responsible for the safety of such items. However, we will not accept liability for claims in excess of £400. Items of high individual value should be adequately insured, as neither Cachet nor its carriers will accept liability for loss or damage.

(11) What if you break or damage anything in your accommodation?

You are responsible for any breakages or damages caused by you or any member of your party during your stay in your accommodation. It is your responsibility to either put things right or make full payment to our local representative before your departure.

(12) More small print!

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 names, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be 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 on any information to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to 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). Please note that where information is also held by your travel agent. This is subject to your agent's own data protection policy.

(13) Even more small print!

Should anyone check-in less than 90 minutes before the ticketed departure time, 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. International flights can be operated by Thomsonfly, Monarch Airlines, British Airways, British Midland Airways, Thomas Cook Airlines, My Travel, First Choice Airlines, ExcelAirways, TAP Air Portugal, easyJet, SATA International or any other airline operating CAA licensed aircraft, using Boeing 727, 737, 757, 767, DC10, MD83, MD87, MD88,TriStar, Airbus A-300, A-310, A-320, A-321, Fokker 100 aircraft or other modern equipment. When you travel with a carrier, the Conditions of Carriage of that carrier apply, some of which limit liability. Such conditions are often the subject of international agreements between countries. We draw your attention to the conditions regarding delayed flights and point out that the conditions printed on your tickets apply and we cannot accept any additional responsibility for delays over those stipulated by the carrier.

This brochure is the responsibility of the tour operator. It is not issued on behalf of, and does not commit, the airline(s) mentioned therein, or any airline whose services are used in the course of the tour(s).

This contract is made on the terms of these Booking Conditions which are governed by English law and both parties shall submit to the jurisdiction of the English courts.

These Booking Conditions are valid until November 2008. Issue date October 2007.

Errors and omissions excepted.