Booking Conditions

Your contract is with RON HUGHES, trading as CAPE VERDE TRAVEL & EASTGATE TRAVEL, a member of ABTA (V9926). The air holidays and flights shown in this brochure are ATOL protected since we have hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is 3639. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund and money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.

Before signing the booking form, it is important that you read the following conditions and information together with additional information displayed in our literature. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.

YOUR HOLIDAY PRICE & HOLIDAY PAYMENTS

When you make your booking you must pay a deposit of £120.00 per person. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. Should you book with one of our appointed travel agents all monies you pay are held by the travel agent on our behalf at all times.

The price list enclosed with this brochure is prepared prior to the start of the holiday season to which it relates and the prices quoted are in it for guidance only. Cape Verde Travel reserve the right to raise or lower its prices at any time before you book your holiday. Prices may vary in subsequent editions of the price list and you should ensure that you look at the most recent edition. If, at the time of booking your holiday, the price has changed from that shown in the price list, you will be told the revised price applicable to the holiday before you commit yourself. Once you have booked the price of the holiday should not change except that Cape Verde Travel may pass on to you, and you will have to pay, any tax, duty, levy or increase in such tax, duty or levy which is charged by any government or other authority after the date your booking is confirmed and accepted. Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged but where a surcharge is payable there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any premium paid to us for holiday insurance and any amendment charges. 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 the invoice.

IF YOU CHANGE YOUR BOOKING

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £20.00 per person to cover our administration costs, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer that the departure date that changes are made and that you should contact us as soon as possible. Please note that certain travel arrangements (eg APEX tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge.

IF YOU CANCEL YOUR HOLIDAY

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our office. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges which are shown below as a % of your written holiday cost excluding any insurance premiums.

Period before departure which notice of cancellation or major change is received by us: Amount of cancellation charge:
More than 42 days Loss of deposit
29-42 days 50% of loss of deposit if greater
15-28 days 70% of loss of deposit if greater
0-14 days 100%

If the reason for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

IF WE CHANGE OR CANCEL YOUR HOLIDAY

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements may months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, we will pay you compensation as set out below.   Please note that carriers such as airlines used in this brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

Period before departure which notice of cancellation or major change is notified to you: Compensation payable per person (excluding infant) if we make a major change: Amount you will receive from us if we cancel your holiday:
More than 42 days NIL Deposit only.
29-42 days £10 100% of holiday cost + £10
15-28 days £15 100% of holiday cost + £15
0-14 days £20 100% of holiday cost + £20

No compensation shall be paid in respect of infants named on the booking form.   FORCE MAJEURE This means that we will not pay you any compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.  

IF YOU HAVE A COMPLAINT

If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint cannot be completely resolved locally, you may wish to contact us direct. If problems persist despite our best efforts and you wish to pursue your complaint, please write to us within 28 days of your return home giving your booking reference and all relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question locally and by making contact with our office. If you fail to do this we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.   It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to Arbitration under a special scheme which is arranged by the Association of British Travel Agents, but is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of Arbitration of documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for any amount greater than £1,500 per person or £7,500 per booking form. Also it does not apply to claims which relate to physical injury or illness. If you choose to proceed to Arbitration under this scheme, you must send written notice of your decision to ABTA within 9 months after your scheduled date of return. Full details of the scheme are available from the Association of British Travel Agents at 68-71 Newman Street, London, W1P 4AH.

OUR LIABILITY TO YOU

(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this brochure. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of the costs of your travel arrangements.

(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you any such damages as might have been awarded in such circumstances under English Law.

(iii) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our office at 14 Market Place, Hornsea, East Yorkshire, HU18 1AW, UK. Telephone : 01964 536191.  

PERSONAL INJURY UNCONNECTED TO YOUR BOOKED TRAVEL ARRANGEMENTS.

If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to your undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.

CONDITIONS OF CARRIAGE

The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevnt conditions of carriage from our office.
This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.

It is the intention of CAPE VERDE TRAVEL & EASTGATE TRAVEL to provide high standards of holiday opportunities and client care. We aim to work closely with our customers and look forward to forging successful relationships for many years to come. Do talk to us if we can be of any assistance to you in any way.   RON HUGHES. Proprietor of Cape Verde Travel & Eastgate Travel.