Please note that we are no longer trading, thanks.
These booking conditions, together with the essential information contained elsewhere in this brochure, are the basis of the contract between us. Please take the time to read every paragraph carefully. You won't find anything at all out of the ordinary but you should be aware of where you stand with regard to the contract between us.
1. YOUR CONTRACT
Respect Holidays is a trading name of Lidana Limited, a registered company fully bonded and licensed by the Civil Aviation Authority under ATOL number 6122. All bookings accepted by Lidana Limited trading as Respect Holidays from the person making the booking, on behalf of all persons on the booking, are subject to the terms and conditions as laid out in the following 16 paragraphs. Any contract is made on these terms and conditions and is subject to English Law and exclusive jurisdiction, however these do not affect your statutory rights. Respect is a member of ABTA with membership number W8906. As such we are fully bonded according to ABTA's rules and abide by ABTA's Code of Conduct. In order to ensure that the money you pay for your holiday is protected we shall issue a confirmation invoice showing the details and services you have booked including the price and the amount of money paid by you. You should check these details carefully and contact us immediately if there are any discrepancies.
2. YOUR RESERVATION
We do not accept reservations unless they are accompanied by the appropriate deposit or full payment if your reservation is made within 9 weeks of your departure. Once a booking reference has been allocated then the contract between us is in force. If there is more than one person travelling then the person making the reservation is identified as the 'lead name' and this person is responsible for all payments. We will not make any cancellation or amendments or enter into correspondence regarding the reservation with any other party other than the lead name.
3. IF WE CHANGE YOUR HOLIDAY
It is extremely unlikely that any changes whatsoever will be made to your reservation, but any that do occur are likely to be minor. A major change is defined as
- a change in departure airport except between Heathrow, Gatwick, Luton and Stansted
- a change to accommodation in a different resort except between Playa del Ingles & Maspalomas OR Ibiza Town & Figueretas
- a change to accommodation of a lower official classification
- a change in departure time of more than 12 hours
- a change in destination airport except between Barcelona and Reus
A major change is extremely rare, but if we do make a change we shall do our best to notify you immediately. Under such circumstances it is our policy where possible to offer an alternative with the same gay credentials (eg exclusively-gay to exclusively-gay, or gay-friendly to gay-friendly etc) but we are under no obligation to do so. Once notified of a major change you will be given the opportunity either to cancel the holiday and receive a full refund but no compensation, or to accept the change. If you accept the change you will receive compensation, the amount of which varies depending on how long before your departure date you are notified. This sliding scale of compensation is shown here, with the left hand column indicating the number of days before departure you are notified, and the right hand column detailing the sum payable per person:
|No. of Days Notice||Amount Payable|
|56 days or more||Nil|
|14 days or fewer||£30|
These sums are based on brochure priced holidays and are adjusted pro-rata for holidays purchased at a special offer price. We are unable to make any payment if changes are made as a result of force majeure which includes but is not limited to acts of God, acts or threat of war, terrorism, government action, strike, civil unrest, fire, failure of public utilities, medical emergency, natural or nuclear disaster or airport closure.
4. IF WE CANCEL YOUR HOLIDAY
We will not cancel your holiday within 9 weeks of departure unless you have failed to make payment by the due date or in the case of force majeure as defined above. In the case of force majeure we will offer you the choice of accepting an alternative holiday or receiving a full refund.
5. IF YOU CHANGE YOUR HOLIDAY
If you with to make changes to your holiday then we may have to make a charge of up to £50 per person. If you wish to change your departure date, departure or destination airport or your holiday accommodation we shall use our best endeavours to assist you but reserve the right to treat such changes as a cancellation of booking. If the number of passengers on your reservation changes then we may have to recalculate your holiday price by taking into account new occupancy levels. All changes must be notified to us in writing. Holidays using scheduled flights may attract additional charges levied by the airline concerned.
6. IF YOU CANCEL YOUR HOLIDAY
If you wish to cancel your holiday this must be notified to us in writing and forwarded to us by recorded or registered mail. Cancellation charges will apply and these depend on how long before your departure date written notification is received by us. These charges are detailed in the following tables.
|HOLIDAYS USING CHARTER FLIGHTS||HOLIDAYS USING SCHEDULED FLIGHTS|
|63 days or more Deposit only||70 days or more Deposit only|
|57-63 days 25%||69 - 63 days 25%|
|43-56 days 50%||43 - 56 days 50%|
|29-42 days 60%||29 - 42 days 60%|
|15-28 days 75%||15 - 28 days 90%|
|0-14 days 100%||0 - 14 days 100%|
|Departure date or after 100%||Departure date or after 100%|
Holidays using scheduled flights may attract additional charges depending on the airline's own conditions which may differ from those detailed in the right hand column above. These will be advised at the time of booking if applicable. Under some circumstances you may be able to recover the majority of the cancellation fees under the terms of your holiday insurance policy.
7. IF YOU MODIFY YOUR HOLIDAY WHILE OVERSEAS
If you modify your holiday arrangements or accommodate extra guests in your hotel/apartment not booked with us without our authorisation you will be breaking this contract and we shall be unable to accept any liability for any loss, damage or other claim resulting from your holiday. You may also be liable for additional charges for guests not booked through us.
8. OUR LIABILITY
We accept liability for acts and/or omissions of our employees, agents and suppliers while acting in the course of their employment with us. We accept responsibility for deficiencies in the services we are contracted to supply except in the case of force majeure as defined above. We are not responsible for the death, injury or illness of anyone booked with us unless when caused by negligent acts or omissions of our employees or agents acting within the scope of their employment with us. Our liabilities in respect of air transport are limited because the liabilities of air carriers are covered by international convention.
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 are publicised at EU airports and are 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
We have one of the most enviable customer service records in the travel industry and it is highly unlikely that you will have any cause for complaint regarding your holiday. Please take careful note of our complaints' procedures as it is absolutely essential that if you do have a complaint you accurately follow the procedures set out in this paragraph. These procedures are designed to allow any difficulties to be solved as efficiently as possible, and if you do not follow them we will be unable to consider any complaint made after the end of your holiday. You must first report any problem to our representative or agent, the accommodation supplier and the accommodation management. This means that any problems can be looked into straight away and put right there and then to the satisfaction of all concerned. In the unlikely event that the problem cannot be remedied you must then telephone our offices to advise us of the situation. If, after taking these steps, you remain dissatisfied you must request and complete a Holiday Report Form. If you wish to make a complaint after your return home and only after the above procedures have been followed, you must do so in writing to our offices by recorded or registered mail to arrive no later than 28 days after the completion of your holiday. You must enclose a copy of your Holiday Report Form.
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 form. 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.
10. BROCHURE ACCURACY
We work extremely hard to ensure that everything you read in our brochure or on our website is as accurate and up-to-date as possible. However, it is possible that certain advertised facilities may be withdrawn as a result of decisions outside our control such as local maintenance, conservation schemes and adverse weather or failure of public utilities. We do not accept liability if facilities are withdrawn for reasons beyond our control. Many overseas resorts are still being developed but any disruptive building work is unlikely. If we are notified of such work we shall first assess whether there is likely to be a serious impact on your holiday and, if so, we shall advise you of the situation. If any disruptive work is taking place within the bounds of your holiday accommodation we shall either offer you an alternative holiday or offer you a full refund. If the work is taking place outside the bounds of your holiday accommodation we are under no obligation to either offer a refund or to arrange alternative accommodation but, provided that we are notified of such work, we shall endeavour to advise you as soon as possible. Holiday accommodation in a town may be subjected to noise from the day-to-day business of a working town, such as roadworks, construction, music, lawnmowers etc. and can therefore not form any part of any claim against us. Throughout this brochure the term 'sofabed' is used to describe any type of extra bed and may refer to a camp bed, pull-out bed, divan or settee. Hotel descriptions in this brochure are based on twin or double rooms; most hotels offer twin rooms double beds are on a request basis, single rooms in the same property are sometimes inferior in a variety of ways to twin rooms.
11. SPECIAL REQUESTS
We shall endeavour to satisfy any special requests you make, such as 'high floor', 'sea view' etc, but these cannot be guaranteed. Special requests are allocated in booking reference order and are therefore more likely to be met on earlier rather than later bookings. Special requests for which a fee is charged, such as a sea view supplement etc, do form part of your holiday contract and in the highly unlikely event that such a request is not met, the fee paid by you will be refunded. You may, if you wish, ask your accommodation management to provide additional services outside those you have contracted with us. These may include the provision of electrical equipment (fridges etc.) or additional sets of keys. Under these circumstances a refundable deposit may be requested in resort.
You must accept responsibility for the proper conduct of you and your party. In cases of serious misconduct we reserve the right to terminate your holiday and if we do so we shall have no further responsibility to you. Such action can also be taken by accommodation management, airline or airport personnel. If you damage your accommodation or cause delay or diversion to your flight, you agree to indemnify us against any claim including costs made against us. If you cause damage to your holiday accommodation the owners of the accommodation are within their rights to receive recompense from you to pay for any repairs, redecoration or replacement of fixtures and fittings.
You must be adequately insured to travel with us. We shall automatically add Premier Plus Insurance to your reservation unless you give us details of cover and proof of purchase of your own alternative insurance.
14. ADDITIONAL COSTS
We will not add any extra costs to your holiday after your booking has been confirmed unless you choose to purchase additional services such as car hire, airport parking etc, or unless you incur amendment or cancellation fees. We guarantee your holiday against any surcharge being applied after confirmation of your booking unless there is governmental action. All prices to member states of the EU include VAT.
15. RESORT TRANSFERS
If return resort transfers form part of your holiday then your transfer coach will deliver you to and collect you from your holiday accommodation at the beginning and end of your holiday respectively. Certain resorts' roads, however, are unsuitable for modern coach transport and are sometimes too narrow to be accessed by transfer vehicles. Under these circumstances your drop-off and collection point will be as close as possible to your holiday accommodation but may therefore necessitate a short walk to/from the property itself. We are able to offer assistance to the elderly or infirm if required, but it is your responsibility to request such assistance at the time you make your reservation.
16. YOUR FLIGHT
Holidays featured in this brochure include but are not limited to flights with Astraeus, British Airways, Britannia Airways, Thomsonfly, First Choice, My Travel Airways, Excel Airways, Thomas Cook Airlines, Monarch Airlines, Easyjet, Spanair, Futura and Air Europa. Aircraft types include but are not limited to Boeing 737, 747, 757, 767, 777, Airbus Industrie A300, A319, A320, A321, McDonnell-Douglas MD80, MD83. We reserve the right to substitute carriers or aircraft types without notice. We have no control over delays or rescheduling and under such circumstances any arrangements made for meals or accommodation are provided at the discretion of the carrier concerned.
17. CONSUMER PROTECTION
The air holidays in our brochure are ATOL protected, since we hold an Air Travel Organisers' Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 6122. 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
Respect Holidays is a trading name of Lidana Limited. Air Travel Organisers Licence 6122. Company registration number 4859439. Registered office: 2a, Star Street, Ware, Hertfordshire, England.