Saga Holidays - Boutique Cruising 2019 Trade
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Close Relative ­ Your marital/common law partner (defined as living together at the same address and including same sex relationships), parent, parent-in-law, child, grandchild, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law or fiancé(e). Home ­ The address where you live permanently in the UK. You/Your ­ The person(s) named on the booking invoice/ holiday confirmation issued by Saga. Summary of rights: We will refund all the money you have paid to us, less an administration fee of £80 (£60 for UK holidays) per person if the cancellation is due to: (a) unexpected illness or death of you or a member of your party. (b) death or disablement (by accidental bodily injury or sickness) of your Close Relative or Business Associate, or of any person with whom you had arranged temporarily to reside during your holiday. (c) jury service, attendance solely as a witness at a court of law or redundancy (provided your employment has been on a continuous full time basis with the same employer for at least 24 months). (d) accidental damage to your home through fire, storm or flooding within 14 days of the planned departure date, rendering it uninhabitable. We will deduct the cost of any UK connecting or domestic flights and any cancellation charges from the suppliers of any ad-hoc service from any money refunded to you. You must send us a valid medical certificate for (a) or (b) above or the relevant official documentation for (c) or (d) as soon as is practicable, otherwise we will be unable to refund you. All travel documents must be returned to Saga. If you cancel for other reasons, you must still notify Saga in writing and you will be subject to any relevant cancellation charges as set out in section 7 and the table in section 9. We will not be liable for cancellations when, at the time of booking the holiday, the person whose condition gives rise to the cancellation: (i) had an illness in the past 12 months that has required treatment from a doctor, unless the condition was disclosed to and accepted by us; (ii) is travelling against the advice of a medical practitioner or for the purpose of obtaining medical treatment abroad; (iii) is receiving, on a waiting list for, or has knowledge of the need for in-patient treatment for any condition unless the medical condition for which you are on a waiting list for inpatient treatment has been disclosed to us and accepted by us. Should you cancel as a direct result of you undergoing the inpatient treatment for which you are on a waiting list additional cancellation rights will not be provided; (iv) is expected to give birth 12 weeks (16 weeks in the case of multiple pregnancy) before your planned return date; (v) has been given a terminal prognosis by a medical practitioner. We will not cover any medical condition of a Close Relative or Business Associate whose health may affect your decision to travel if you were aware of it prior to booking your holiday. We will not be liable for cancellations arising directly or indirectly from: (i) acts of terrorism in countries to which the Foreign and Commonwealth Office has advised against travelling; (ii) an accident or breakdown of the vehicle in which you are travelling for which a professional repairer's report is not provided; (iii) breakdown of any vehicle in which you are travelling if the vehicle is owned by you and has not been serviced properly or maintained in accordance with the manufacturer's instructions; (iv) withdrawal from service (temporary or otherwise) of an aircraft or sea vessel on the recommendation of the Civil Aviation Authority or a Port Authority, or any similar body in any country; (v) redundancy caused by, or resulting from, misconduct leading to dismissal, from resignation or voluntary redundancy, or where a warning or notification of redundancy was given prior to the date the optional insurance was purchased by you; (vi) suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquors or drugs or flying other than as a passenger in a fully licensed passenger carrying aircraft. This exclusion applies not only to the insured persons but also to Close Relatives or other persons whose health may affect your decision to travel or cut short your trip; (vii) any circumstance arising after the date of booking, but prior to the date of issue of the optional insurance policy purchased by you. member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or Unavoidable and Extraordinary Circumstances. Except in cases involving death, injury or illness, the liability of Saga and any company within the Saga group of companies (including its employees, agents and subcontractors) 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 travel services that make up your package. These terms are incorporated into this booking; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions. Copies of the travel service contractual terms, or the international conventions, shall be provided on request. Under EU law (Regulation 261/2004) 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 will be publicised at EU airports and available from airlines. If you are unhappy with your airline's response, you may complain to the Civil Aviation Authority (telephone 020 7453 6888 or visit www.caa. co.uk/passengers. Please note that 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 these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted. You agree to assign to Saga any rights that you may have against a third party or person which have caused or contributed to our legal liability to you or which result in us incurring costs on your behalf. You agree that you will provide us and/or our insurers with all reasonable assistance to pursue a claim against any third party or person. If it is impossible to ensure your return as scheduled due to Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn't apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday. Note: this entire section 13 does not apply to any separate contracts that you may enter into whilst on holiday (for example, for excursions, entertainment, amenities, activities (including Holiday Experience activities) and other tours). Regardless of whether you take out the optional travel insurance, for cruises, women who are up to 24 weeks pregnant at the end of the holiday are required to provide a medical certificate of fitness to travel. We cannot carry passengers who will be 24 weeks or more pregnant at the end of the holiday. We reserve the right to request a medical certificate at any stage of pregnancy and to refuse travel if we and/or the Master of the ship are not satisfied that you will be safe during your holiday. The doctors aboard the ships may not be qualified to deliver babies on board, or to offer pre or postnatal treatment, and no responsibility is accepted by Saga in respect of the ability to provide such services or equipment. For air travel, you are subject to the terms and conditions of your airline, who will have its own policies. Please let us know if you are pregnant or become pregnant prior to departure. Please also refer to Mobility and Assistance in section 19. 15. ABTA ST&H Limited and Saga Cruises Limited are Members of ABTA, with membership numbers W8164 and W8179 respectively. 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 notifying us of your complaint; it will not determine how your complaint should be resolved. 16. If you have a complaint We aim to provide you with an enjoyable and relaxing holiday. In the unlikely event that you have a complaint about any of the services included in your holiday, it is imperative that you report it to our representative or locally appointed agent or hotel director or our duty officer by calling 01303 771999 or emailing duty.officer@saga.co.uk as soon as possible to give them the best opportunity to resolve any issues in resort. If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Relations Department at Saga Holidays, Enbrook Park, Folkestone, Kent CT20 3SE. Alternatively, e-mail us at: customer. relations@saga.co.uk or call 01303 774122. Please keep your letter concise and to the point and give your holiday reference number and all other relevant information. If you fail to follow the requirement to report your complaint in resort, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 15 above on ABTA. 17. Additional assistance If you're in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault. 14. Your responsibility 13. Our liability to you We are responsible for the proper performance of all travel services included in this package. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or any Saga kindly requests your co-operation and consideration for others while on holiday and reserves the right to curtail your holiday if, in our view, your conduct or behaviour, or that of a member of your party, is disruptive, dangerous, antisocial, or otherwise unacceptable. In such an event, no compensation or refund will be payable and you will be liable to pay any additional expenses reasonably incurred in arranging the curtailment. In addition, you must comply with the terms and conditions of the third party suppliers of any travel services. Failure by you to observe such terms and conditions which are incorporated into this contract and available upon request may affect any compensation or liability we may have towards you. Medical information: You are responsible for ensuring that any existing medical conditions, disabilities or mobility restrictions affecting you or a member of your party are declared to us before you book or, if newly diagnosed, as soon as possible and no later than 48 hours before your date of departure. If there is any change in the above circumstances for you or a member of your party, or you or a member of your party develops a new medical condition, please call us to see if we can continue to offer the optional insurance and if the holiday is still suitable. The insurance company will not accept a claim as valid if you do not do this. In addition, there are other instances where cover is not available under the Medical Expenses or Curtailment sections of our Saga Travel Insurance Policy Booklet. These include where the person(s) making the claim: · does not follow the advice of a medical practitioner · is travelling to get medical treatment abroad · has been given a terminal prognosis by a medical practitioner · is expected to give birth within 12 weeks (16 weeks in the case of a multiple pregnancy) of arrival home. The Policy Booklet contains full details of the medical cover provided along with the terms and exclusions. We recommend that you read it carefully. Please note: 18. Data protection Any personal data you provide will be held securely and for the purpose you have provided it, in accordance with data protection legislation. We may need to disclose personal data to a third party including outside the European Economic Area (EEA) for the purpose of providing your holiday. In addition, your data may be disclosed to regulatory bodies or public authorities, such as customs or immigration, for the purposes of monitoring and/or enforcing compliance with any regulatory rules/codes; and it may be used for marketing, offering renewals, research and statistical purposes and crime prevention. Where you provide information about another person, we accept it on the basis that you have their permission to give us access to their personal data (including special category personal data) and that you have told them who we are and what we will use their data for, as set out above. If Saga has obtained your permission to do so, they will also contact you by post, telephone, email or other means to tell you about offers, products and services that may be of interest to you. At any time you can opt out of receiving such information, revise the products you would like to hear about or change the method they use to communicate with you. You can update these preferences by calling 0800 092 3665. For further information about how the Saga Group uses your personal information, please visit saga.co.uk/privacy-policy or contact the Saga Group Data Protection Officer by email: data.protection@saga.co.uk or post: The Saga Building, Enbrook Park, Sandgate, Folkestone, Kent CT20 3SE. 19. Holiday information Passports: You will need a valid passport for all overseas holidays featured. As requirements vary and can change without notice, we strongly advise you to ensure that your passport is valid for at least six months after the end of your holiday. We recommend that you have at least three blank pages in your passport to cover potential immigration formalities, which may be required in some 18