|
TERMS AND CONDITIONS FOR MY THAILAND HOME HOLIDAYS BOOKED WITH US
Please note that Mythailandhome doesn't book are flights to Thailand, although our Thailand partners make local flight arrangements for us. If you need assistance for air flights, we can recommend either direct purchases or put you in touch with one of our affiliated companies. The conditions below refer to the holiday purchased from information on this web site. You are also protected by our 100% secure payment protection as provide through our membership with the Travel Trust Association, and is valid no matter where you book from..
Your Commitment to Mythailandhome
1. YOUR HOLIDAY CONTRACT
All holidays advertised are on offer to treat and are subject to availability. When you ask for your holiday booking to be confirmed, it is deemed that you have read and accepted these conditions as well as the relevant information in the brochure and or website. The contract between us is based on these conditions, relevant information and the details on the confirmation invoice. The contract is subject to English law and the jurisdiction of UK Courts. No agents of ours or member of staff have the authority, expressed or implied, to alter or vary the terms and conditions of this contract under any circumstances, unless Mythailandhome have authorised them to do so in writing.
2. PAYMENT FOR THE HOLIDAY
When you book you are required to pay a deposit of £250 per person (maybe higher at peak periods. You will be advised at time of booking) and the correct insurance premium (please see note under cancellation charges). You are not required to make any further payments until 8 weeks before departure. At 8 weeks before departure you are required to pay the balance due in full. For holidays to be taken within 8 weeks of booking, the full amount is due, not a deposit. If you do not pay the full amount due, we reserve the right to treat your booking as cancelled. All monies paid by you to an approved travel agent for a holiday in this brochure is held at all times by him on our behalf. There is no contract between us until a written confirmation has been sent to you. All monies paid directly to Mythailandhome can be authorised to us immediately by giving details of a valid card or subsequently by cheque, which will have to be cleared before confirmation can be issued. The receipt of this amount will be deemed as your acceptance of the booking conditions, and after the payment has been made and cleared, a written confirmation containing the details of your holiday will be issued. There is no contract between us until payment has been made and a written confirmation issued, except for late bookings when a contract will exist when you or your agent asks for the holiday to be confirmed. You must check your confirmation carefully as soon as you receive it. For all payments made with a credit card, a percentage fee is levied on total charges.
3. IF YOU CHANGE YOUR BOOKING
If you want to change any details of your booking (e.g. transfer to a different comparable Mythailandhome holiday, which must be taken within a reasonable time, departure date, airport, change or cancel a pre-departure special offer or excursion), we will do our best to effect this change. For this service, we charge an Amendment Fee of £150 per person plus any non-refundable costs arising from the contract terms of our suppliers. However, if the change occurs within 56 days of the departure, the cancellation charges shown in paragraph 4 will apply. When the price varies depending on the number of persons booked into the accommodation and you wish to change the number of persons, the price will be recharged on the basis of the new party size as shown in the price panel. Any increase in price per person payable as a result of a part cancellation is not a Cancellation Charge. A separate Cancellation Charge will be levied in respect of bookings cancelled in accordance with paragraph 4. A new confirmation invoice will be issued as appropriate, on which the Cancellation Charges will be shown.
4. IF YOU CANCEL YOUR HOLIDAY
Once your holiday has been confirmed, you or any member of your party may cancel all or part of your booking.
However, the cancellation will only be valid if all details are confirmed in writing and signed by the person who made the booking. Your written instructions should either go to the travel agent you booked with, asking him to notify us immediately, or, if you booked direct, to Mythailandhome. We will charge you a cancellation fee on the scales shown below. This is to compensate us for the expense of processing your booking and for the risk that we may not be able to resell the holiday. The amount payable (by whoever confirmed the booking) depends on when we received your written instructions. The more notice given the smaller the charge. If the reason for cancellation is covered by your insurance policy, you should be able to make a claim.
|
Period before scheduled departure within which
written instructions are received by Mosaic Holidays: |
Amount of cancellation charge
(shown as a % of total holiday price, excluding insurance premium): |
|
More than 60 days
43-60 days
20-42 days
10-19 days
0-9 days |
Deposit
30%, or deposit if greater
70%, or deposit if greater
90%
100% |
5. TRANSFER OF BOOKING
If any member of your party is unable to travel as a result of injury, death or sickness of the passenger, close relative or friend, jury service or redundancy, you may transfer the booking to another suitable person, providing that notices is given in writing at least 35 days before departure and providing that the alternative passenger is acceptable to Mythailandhome. An administrative charge of £200 will be levied, plus any non-refundable costs arising from the contract terms of our suppliers. For local flights in Thailand, it should also be noted that many scheduled airlines will treat such transfers as cancellations and, as such, rebooking will depend on space availability in the designated class of travel at the time of the proposed transfer.
6. INSURANCE
Under the terms of this contract you are required to have suitable travel insurance either comparable or greater cover than that in the policy offered by Mythailandhome, then you must advise us of the details of your alternative policy including the name of the insurer and the policy number as soon as possible. The cost of medical treatment and repatriation in the event of serious accident or illness must be included. Clients in breach of this condition will be deemed to have indemnified the company for any consequential loss incurred by the company on their behalf and will be redeemable from you.
7. IF YOU HAVE A COMPLAINT
Should you have a complaint about any part of your holiday, you must immediately inform our agent/representative and the supplier e.g. the hotel outlining the nature of the complaint. Issues can most easily be dealt with as they arise, at your resort, when our agent/representative can see and understand the exact nature of any problems you have. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, details of the complaint should be notified in writing to our office (quoting the number(s) of your Booking Reference(s) and your departure date) within 35 days of returning from the resort. Failure to comply with this instruction will jeopardise your complaint.
8. HOLIDAY PARTICIPATION
We reserve the right to decline to accept or retain any person as a client at any time, and we shall be under no liability for any extra costs incurred by such a person as a result of our doing so. Furthermore, in our absolute discretion we reserve the right to terminate without notice the holiday arrangements of any client whose behaviour is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, agent?s property or third party. If you are prevented from travelling because, in the opinion of a person in authority, you appear to be unfit to travel or cause distress or discomfort to other passengers, then our responsibility for your holiday ceases. Full cancellation charges will apply. MyThailandHome has no control over the behaviour of other people visiting or staying in your resort accommodation.
9. YOUR ACCOMMODATION
Only the passengers shown on our Final Invoice have the right to use the accommodation provided. It is prohibited to assign, share or sublet the accommodation to any other persons.
10. YOUR TICKET'S CONDITIONS
When you travel with an air or sea carrier in Thailand, you accept that their Conditions of Carriage apply, some of which limit or exclude liability. These conditions are often the subject of international agreements between countries (The Warsaw convention 1927, as amended, and the Montreal Convention 1999 and EC regulation 2027-1997 as amended by regulation (EC) No. 889/2002 and EC regulation No. 2111/2005 (airlines to be used & their safety record see: http://ec.europe.eu/transport/air/safety/flywell_en.htm and national legislation of member states). Reimbursement in certain cases
Mythailandhome's commitment to you
1. PROVISION OF YOUR HOLIDAY
We will arrange for the provision of the services to you which form part of the holiday as confirmed to you. We cannot accept responsibility for verbal price quotes or description. These services will be supplied either by independently contracted suppliers or by ourselves. We allocate your chosen holiday to you when you or your travel agent asks for your holiday to be confirmed. All holidays advertised are subject to availability.
2. PRICING POLICY
The prices quoted in this web site are per person and based on 2 adults sharing a twin room/double room and are for guidance only. Mythailandhome has the right to increase or reduce prices at any time. Verbally quoted prices are treated as a provisional. However, once the price is confirmed in writing on the confirmation invoice and the deposit paid, it is guaranteed and subject only to additional fuel or tax surcharges passed on by the hotel, the airline or government body.
3. IF WE MAKE CHANGES TO YOUR HOLIDAY
It is highly unlikely that we will have to make changes to your holiday. However, as arrangements are made many months in advance, sometimes this is unavoidable and we reserve the right to do so at any time. Most changes are minor. If changes have to be made which are of a significant nature, we will inform you or your travel agent when you make the booking. If the booking has already been made, we will inform you as soon as is reasonably possible if there is time before your departure. If there is a major change, we will inform you, or your travel agent, as soon as is reasonably possible if there is time before your departure. A major change is one that we make to your holiday arrangements before departure, that involves changing your time of departure or return by more than twelve hours, UK airport(s) (although please note a change from Gatwick to Heathrow or Stansted or vice versa is not classified as a "major change"), resort area or offering accommodation of a lower category. You then have the choice of either: A. accepting the changed arrangements as notified to you; B. purchasing another comparable available holiday from us; or C. cancelling your holiday. If you choose A or B, we will pay you compensation on the scale shown below. If you choose C, we will refund you all money you have paid to us plus at least compensation on the scale shown in the table below.is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us.
|
Period before scheduled departure within which
is notified to you or your travel agent: |
Compensation Per Person: |
|
More than 60 days
42-60 days
28-41 days
15-27 days
0-14 days |
Nil
£10
£20
£30
£50 |
Compensation for Children will be on a pro rata basis. |
Important Note:
Compensation payments do not apply to changes caused by any force majeure, health risks, reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disasters, fire, technical problems to transport, closure or congestion of airports or ports, cancellations or changes of schedules by airlines and similar events beyond
our control.
4. IF WE CANCEL YOUR HOLIDAY
We reserve the right to cancel your holiday in any circumstance. Should this happen, we will offer you an alternative available holiday, of a comparable standard, for you to purchase or refund to you all money paid to us. Please note that it is advisable to leave UK departure point travel arrangements until your final travel documents are received. Your holiday should not be cancelled less than 8 weeks before the scheduled departure date, except for reasons of war, etc (see important note above). Please note that all holidays and excursions operated by MyThailandHome can only operate on a "minimum number" basis. If the minimum number is not achieved, we shall inform you not later than 8 weeks prior to the date of departure. In the event that minimum numbers are not achieved, we reserve the right to cancel your holiday/excursion providing we notify you 8 weeks prior to departure (no notification will be given for excursions). The provisions in clause 4 will then apply. No compensation will be payable if the cancellation is more than 8 weeks before departure, nor for consequential losses.
5. WHAT HAPPENS TO COMPLAINTS
Disputes arising out of, or relating to this contract which cannot be resolved may (if the customer wishes) be referred to arbitration under a special scheme. This scheme is administered independently by the Chartered Institute of Arbitrators.
It provides a straightforward and inexpensive procedure for arbitration on documents solely with restricted liability of the customer in relation to costs. The Scheme is not applicable to claims involving costs over £5,000 per person, nor total claims over £15,000 per booking. It does not apply to claims that are mainly or wholly in relation to physical injury or sickness or the result of such conditions. The rules of the Scheme dictate that the application for arbitration must be lodged within nine months of the date of return from the holiday. Under certain conditions, arbitration may still be given outside this period.
6. OUR RESPONSIBILITY FOR YOUR HOLIDAY
We accept responsibility for ensuring that all component parts of your holiday (which are pre-booked and pre-paid in the U.K.) are supplied to you as confirmed by us on your confirmation invoice, and services offered reach a reasonable standard. If any significant part is not supplied, we will pay you a suitable compensation if this has affected the enjoyment of your holiday (see clause 3 above). We have taken all reasonable and proper steps to ensure that proper arrangements have been made for all our holidays. Also that the suppliers of the various services provided to you as part of your holiday are efficient, safe and reputable and comply with the local and national laws and regulations of the country in which they provide those services. However, we do not have direct control over the provision of services to clients by suppliers, and we cannot be held responsible or liable for death, injury or illness caused to clients, unless through negligence of our employees, agents, subcontractors and suppliers and their staff whilst acting within the scope of their employment. Responsibility in respect of air and cruise carriers are at all times subject to their Conditions of Carriage (see point 10 above). Otherwise our liability to you for any loss or damage, which you may suffer, is limited to twice the price of your holiday. Note: We are not liable for information found on other than our own website/brochure nor for the standards of properties not listed in our system. Due to our commitment to staff training, we sometimes record telephone conversations.
7. PERSONAL INJURY (unconnected with arrangements made by us)
Although we cannot accept responsibility for clients who, by misadventure, suffer illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the foreign inclusive holiday or excursions booked through the company, general assistance will be offered to clients to a maximum of £5,000 per booking. In addition, should there be a successful claim for costs against a third party or there being suitable insurance policy/ies in force, costs actually incurred by the tour operator shall be recoverable from the clients.
8. LATE BOOKINGS
We recommend that you place your booking as early as possible, but understand that some clients may have no choice but to book late. More often than not the Company can accept bookings up to a week before departure, when the full cost must be paid at the time of booking. Clients making late bookings should first check that they can comply with all Visa, passport and medical requirements. We reserve the right to pass on reasonable late booking charges for bookings made within 15 working days. Late savers/special offers we reserve our right to utilise non-advertised properties.
9. ENFORCEMENT
If any part of these conditions is found to be invalid or un-enforceable, the remainder of the terms will still be valid.
10. VALIDITY
These terms and conditions were issued 01 October 2008.
End
|