These conditions apply to all things made with Kerala Accompanied. They forms
basis of your contract and govern our liability to you so you should read
them carefully.
Representative Service
In most Kerala Accompanied destinations we appoint the services of local
agent to act on your behalf. Our agents can be contacted via the telephone
number provided on your itinerary for any assistance. On arrival, our agent
will present you with an information pack that contains useful holiday advice
and contact details.
Before You Book
We can only accept a booking if the lead name is a minimum of 18 years old
on or before the date of departure. Unaccompanied passenger under the age
of 18 needs a letter of consent from a parent or legal guardian. The minimum
age of unaccompanied travel is 16 years on the day of departure.
Our expert inspects every property and facility and ensures that the contents
of this brochure are accurate. However, circumstance can change after publication.
We will notify you immediately about any changes as soon as we know. For example,
the facility in the hotel may not be fully opened or a pool may be closed
for maintenance. We will always do our utmost to ensure that you are advised
of any changes to your hotel or resort.
Special Requests
We will consider special request such as high or low floor preference in
a hotel, sea and pool views or adjacent room when you book. We will advise
whether there is a charge for this request at the time of confirmation. If
you have a special request for assistance (dietary or wheelchair assistance)
please let us know. We will do our best to assist but cannot guarantee these
request.
Our Commitment To You
Once you have booked and paid your deposit or full payment, as applicable,
we will reserve the holiday on the basis of these terms and condition. You
booking will be taken as confirmed in respect of all persons named on your
booking and a binding contract between us will come in to existence when we
send our confirmation to you.
Please check your confirmation, together with all documents we send to you,
as soon as possible. If you have booked via a travel agent we will send the
entire document to them. Contact us immediately if any information that appears
on the confirmation or elsewhere appears to be incorrect or incomplete, as
it may not be possible to make changes later. We regret we cannot accept any
responsibility if we are not notified of any inaccuracies in any document
within 10 days of our sending it out (05 days for tickets). We will do our
best to rectify any inaccuracies notified out side, these limits. However,
you will be responsible for any costs and expenses involved in doing so, except
where we have made the mistake and there is good reason why you did not contact
us within the time limit.
Price Policy
Prices show in this brochure was accurate at the time it was printed (January
2007). We reserve the right to change holiday prices throughout the season
depending on the availability of places. We may have no alternative but to
also change the price of flight insurance, air travel security charges and
fuel surcharge, which tour operators and airline charge.
Once you have booked your holiday and paid a deposit or full payment (if booking
within 10 weeks of departure) and the price of your chosen holiday has been
confirmed, we will only increase or decrease it due to changes in the following
circumstances.
» Transportation costs eg fuel, scheduled airfare and any other airline
surcharge that we are obliged to pay or collect.
» Landing taxes and embarkation/disembarkation fees and then exchange
rates applied to the cost of the particular package.
Any benefits derived from decreases in these costs will be passed on to you.
We will absorb increased costs up to a total amount equivalent to 2% of the
cost of your confirmed holiday (including insurance premiums and any amendment
charges). Only if the increased costs exceed this 2% will we levy a surcharge,
in either case there will be an administration charge of 1 Euro per person.
If any surcharge is greater than 10% of the cost of your holiday, excluding
insurance premium any amendment charges and administration charges. You will
be entitled to cancel your booking and receive a full refund of all monies
paid to us for alternatively purchase another holiday. A refund will only
be payable if the decrease in our above costs exceed 2%, as set out above.
Where a refund is due, we will pay you the full amount of the decrease of
our costs. you have 14 days from the issued date printed on the surcharge
invoice to inform us if you want to cancel or purchase another holiday where
you are entitled to do so in accordance with this clause. if you do not tell
us that you wished to do so within this period of time ,we are entitled to
assume that you will pay the surcharge. Any surcharge must be paid with the
balance of the cost of the holiday or within 14 days of the issued date printed
on the surcharge invoice whichever is the later. No price increases will be
made within 30 days of your departure.
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notification before departure |
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If We Change Your holiday Arrangements
Although it is unlikely, we may occasionally have to change your holiday
arrangements as they are made well in advance and we reserve the right to
do so. For instance, your flight details may change or a hotel may closed
down, however, we promised that we will not make any significant change to
your confirmed holiday arrangement less than 14 days before departure unless
we are forced to do so as a result of unusual and unforeseeable circumstance
beyond our control, the consequences of which we could not have avoided even
with all due care. if we have to make a significance change as describe below
to your arrangements ,we will give you a minimum reduction or compensation
of at least the amount shown below depending on the exact circumstance and
the change is made. A significant change is a change made before departure,
which we could responsible except to have a significant effect on your confirmed
holiday.
The following changes are example of significant changes.
1.A change of your departure airport
2.A reduction in the number of nights of your holiday
3.A change of your resort area or your accommodation to a lower accommodation
category for the full duration of your tour.
4.A change to your departure date.
5.A change from from day flight to night flight
Night flights are those outward flights that are scheduled to depart from
the UK between 2200 hours and 0600 hours .We will only pay compensation to
you if your outward flight is changed to a night flight and your time of departure
is changed by more than 3 hours
If we make any significant changes we will tell you as soon as is responsibly
possible if, there is time to do so before your departure you can choose to
accept the changed arrangements or take the responsible alternative holiday
we offer you (if this is less expensive than your ordinal holiday, we will
refund the difference but if it is more expensive than your original holiday,
we will not ask to you pay more).If you decided not to take the alternative
we specifically offer you may purchase any other available holiday from us
at the applicable price ,our cancel your holiday. If you wished to cancel
your holiday or accept the reasonable alternative we offer you as result of
a significant change, you must tell us within the time mentioned when we notified
you above the significant change or if no time limits is mentioned, within7
days of us notifying you. If you do not do so ,we are entitled to assume that
you wish to accept the changed arrangements.
If you choose to accept the new arrangements or purchase another holiday from
us we will, where applicable, reduce the price of your holiday by the compensation
shown below. If you choose to cancel your holiday we will refund any money
you have paid us, as well as paying you compensation. A change of over seas
airport ,return UK airport or return flight time of less than 12 hours will
not be significant changes. where your air port is changed ,we promised to
transport you from your over seas accommodation to your nearest alternative
overseas airport and vice versa or from your UK air port of arrival to your
UK departure airport. no compensation will be paid and no liability beyond
offering the above mentioned choices can be accepted where we are forced to
make change as result of usual and unforeseeable circumstances beyond our
control the consequences of which we could not have avoided even with all
due care ,please not ,no compensation is payable for minor changes .A minor
change is any change that we could not responsible except to have a significant
effect on your confirmed holiday. Minor changes do not entitle you to cancel
or change to another holiday without paying our normal charges.
If We Cancel Your Holiday
We may occasionally have to cancel your holiday arrangements, which we reserve
the right to do. However we promise we will not cancel your holiday after
the balance of payment is due unless you have failed to comply with any requirement
of these booking conditions entitling us to cancel or where we are forced
to do so as a result of unusual and unforeseeable circumstances beyond our
control, the consequences of which we could not have avoided even with all
due care. No compensation will be payable where we cancel in such circumstances
and we have no liability beyond offering the choice set out below.
If we have to cancel, we will tell you as soon a spossible. Expect where
you have failed to comply with any requirement of this booking condition entitling
us to cancel, we will offer you the choice of taking the responsible alternative
holiday we offer or if you decide not to take the alternative we specifically
offer you, you may purchase any other holiday available from us at the applicable
price or receive a prompt refund of all monies paid to us.
If you wish to purchase an alternate holiday, you must tell us within the
time mentioned when we notify you of the cancellation or if no time limit
is mentioned within 7 days of us telling you or we are entitled to assume
the you require a refund. If you choose to accept the alternative holiday
we offer you or if you purchase another holiday from us, we will reduce the
price of your holiday based on the compensation scale shown above 9please
not we will only make one such reduction or payment per person)
Your flight
Flight timings planned are given for your guidance but your actual flight
where applicable will be those shown on your airline tickets(s) (although
it is passable even these will change) you should check these carefully as
soon as you receive them we may substitute alternative airlines in which case
you cannot transfer to another holidays or cancel without incurring normal
canceling charges see paragraph (your responsibilities
) any such change will be a minor change not entitling you to any compensatory
payment .
Flight delays
This case only applies to charter flights for holidays including scheduled
flight arrangement provided at the sole discretion of the airline concerned.
Under EU law you have rights in same circumstances to refund and /or compensation
from your airline in cases of denied boarding cancellation or delay flights.
Full details of these rights will be published at EU Airport and will also
be available from airlines. However reimbursement in such cases is the responsibility
of the airline and will not automatically entitle and you refund of your holidays
cost from us .if your airline does not comply with these rules you should
complain to the air transport users’ council (www.auc.orb.uk)
Our assurance on standards and assumption of liability
We accept liability for any damage caused to you or any person in your party
by the failure to perform or the improper performed of the contract made when
you booking is confirmed (subject to any changes subsequently agreed between
us) unless:
The failures which occur in the performed of the contract are attributable
to you or same other person in your party; such failures in performance are
attributable to a third party unconnected with the provision of the services
contracted and are unforeseeable and unavoidable or the failures are due to
unusual or unforeseeable circumstances beyond our control ,the consequence
of which could not have been avoided which we or the supplier of the services
could not foresee or forestall even with all due care and attention .
Our liability to you is, in any event, limited to the lesser of the following:
1 Except in the case of damages for personal physical injury twice the price
of the holidays the person claiming (excluding insurance premium).
2 the minimum amount payable under any international convention governing
or relating to the provision has not been applied in or ratified by the United
Kingdom.
3 you are reminded that providers of transport by land, sea or air have their
own conditions of carriage that are incorporated into the contract between
us and which may limit or exclude liability in certain circumstances a copy
of any such conditions that relates to you travel arrangement can be supplied
on request.
where appropriate , and subject to our reasonable discretion ,we will offer
, general assistance if you through misadventure suffer personal physical
injury or death during the period of your holidays but arising out of any
activity which does not form part of the contracted services .if you undertake
legal action ,provided you do so with our prior agreement we will meet the
initial costs of such action (provided you request such assistance within
90 days do the misadventure )limited to a total of $5,000 per booking in the
event that there is a successful claim for costs against a third party or
there is suitable insurance in force ,any costs that we actually meet maybe
recovered from you ,request for our assistance under this cection ,should
be send direct to our customer services manager ,Kerala travel center limited
,33 church road ,tipree,essex COS OSU.
Excisions and activities
we may provide with information activities and excursions that are available
in the area you are visiting but which you cannot book with us in the uk.
We have no involvement in any such activities or excursions, which are not
run supervised, or none, controlled by us. in any they .they are provided
by local operators or third parties who are entirely independent of us .they
do not form any part of your contract with us even .where we suggest particular
operator /other third parties and /or assist you in booking such activities
or excursions in any where .Expect as set out below ,we cannot accept any
liability on any basis in relation to such activities or excursions and the
acceptance of liability contained in our booking conditions will not apply
to them .we do not however exclude liability for the negligence of ourselves
or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation
to such activities or excursions or about the resort area you are visiting
generally or that any particular excursion or activity that does nor form
part of our contract will take place as these services are not under our control
.if we become aware of any material alterations to resort /area information
and /or such excursion and activities that can be reasonable be expact to
affect your decision to book a holidays with us ,we will pass on this information
at the time of booking .
Where we or any of our local representatives make or take any booking for
or from you in respect of any activity or excursion. this is the case regardless
of whether the activity or excursion .we have no liability for any such activity
or excursion or for any act (s)or omission (s)of the organizer or operator
or for any of its /there employees or agent or excursion .if we are found
liable in any respect for any such activity or excursion (for example in our
capacity of the particular activity or excursion concerned.
Please note: we only act as booking agent where our local representatives
have been formally authorized by us to sell or book the activity or excursion
in question .our local representatives are instructed to other service that
they have not been formally authorize to sell or book .we do not act as booking
agent and have no other connection with or liability for any such activity
or excursion where this is not the case.
Any advice or assistance on or with any activity or excursion provided by
any local representative does not mean or imply that the activity or excursion
is sold by the local representative is sold by the local representative or
us that any such advice or assistance is given on our behalf
Our complaints procedure
Disputes arising out of, or in connection with this contract which cannot
be amicably settled may be referrers to arbitration if you association of
British travel agent (abta) and administrate red independently by the chartered
institute of arbitrators .the scheme provides for a simple and inexpensive
method of arbitration on document alone with restricted liability on you in
respect of costs. full details will be provided on request or can be obtained
from the ABTA web site (www.abta.com) this
scheme does not apply to claims for an amount than $5,ooo per booking .in
addition ,it does not generally apply to claims that are solely in respect
of physical injury or illness or their consequences the scheme can ,however
,deal with compensation claims that 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 arbitration
under the scheme may still be available if we agreed through the ABTA Code
does not require such agreement.
We both agree that any dispute, claim or other matter of any description that
arises out of or in connection with your contract r holidays must be death
with under the ABTA Arbitration scheme or brought in the courts of England
and Wales ). We both agree the English law (and no other) will apply to your
contract (unless proceeding are brought in Scotland or northern Ireland, in
which case Scottish or northern Irish law , as applicable to you must tell
us before booking your holidays
Conditions of carriage
When you travel the conditions of carriage of the company providing your
transport will apply to your journey. These conditions will limit and in some
cases, exclude the carrier ‘s liability to you, usually in accordance
with applicable international conventions, copies of these conditions can
be provided by us or the carrier itself on request
Brochure, website and other information
All information contained in this brochure, on our website or which is otherwise
produced or published by us is based on information available at the time
of publication. We reserve the right to change any website or other information
before your booking is conformed and the amended conditions is found to be
will then form part of your contract with us .if any part of these booking
unfair or unreasonable, the remaining terms will still be valid. While every
effort is made to ensure the accuracy of this brochure, our prices and other
information at the time of publication, regrettably errors do occasionally
occur .we reserve the right to correct errors prior to conforming your booking
.you must ensure you check all details of your chosen holidays (including
the price) with us at the time of booking.
Deposits
You must pay a deposit of $175 per person at the time of booking plus all
appropriate insurance premiums if applicable. if booking within 10 weeks of
your departure , you must pay the full cost of your holidays when you book
. No deposit you must pay the full cost of your holidays when you book. No
deposit is payable for infants under two years of age at the time of return
travel. Your payment and the issuing to you of a confirmation create a contract
between us. Prior to doing so, we are dealing with your booking request and
is not a confirmation of it these booking request and is not a confirmation
of it. These booking conditions form the basis of yours contract with us .you
should read and ensure understand them before asking your booking you are
liable to be regarded as having had the opportunity to have actually done
so before a contract between us came in to existence if in doubt , you should
check with us .
Paying the balance of your holidays
Our confirmation will show the total price you must pay for your holidays,
if any additional charge that is not included in our promise not to surcharge
becomes payable (for example costs relating to special request made by you),
a revised invoice will be sent to you showing that charge .we must receive
the invoice will be sent to you showing that charge. we must received the
full cost of your holidays (less any deposit(s) which you have already paid)
no later than 10 weeks before send out we will write and tell you that payment
is overdue . if it is still not received by us within 7days of the written
reminder being send out .we will be entitled your deposit .if we do not cancel
by you and retain your deposit .if we do not cancel straight away because
you have promised to make payment you must in addition pay the cancellation
charges depending on the date we reasonable treat. Your booking as cancelled
please note, where payment is made by credit card there will be a processing
charge of 1.5%of the holidays cost.
If you change your booking
Should your wish your holidays arrangement in any way .we will do our best
to meet your wishes .we will charge an amendment fee for any such charge of
$30 per person .you must also pay any such imposed by any scheduled airline
(s) for name changes .if applicable any change you make within 6 weeks of
departure will be treated as a cancellation charge as set out in the clause
if any cancel you booking below where the price of your holidays depend on
the number of people into the accommodation and someone in your party cancels
, the price will be recalculated on the basis of the new confirmation any
increase in what you have to pay as a result of this change will not be covered
by your travel insurance policy as it not a cancellation charge .
Please note scheduled airline often do not allow any name change within a
certain time of start of the holidays issued .if you want or need to make
a name change when an airline will not allow it , you will have to cancel
the original flight (which means have paid for that flight ) and pay the full
cost of another flight ,this is the airline decision and we have no control
over it .
If you cancel booking
If you wish to cancel all or part of your booking the person who made the
booking must write to us . if some or all of your party cancel their holidays
or we are entitled to treat your booking as cancelled in according with these
booking condition , we will levy a cancellation charge on the scale shown
in the table below together with any flight costs involved in your holidays
as arranged by Kerala travel center (Holidays travel center ltd ).
These charges are based on the estimated cost of canceling your holidays and
the expenses and losses we likely to suffer if we cannot resell the holidays
.
| More than 56 days |
Deposit (2 years of age & over) |
| 43-56 days |
35% of holidays cost or the deposit if more |
| 29-42 days |
50% of holidays |
| 15-28 days |
75% of holidays days cost |
| 8-14 days |
90% of holidays cost |
7 days or less
or if you do not check in
for your flight |
100 % of holidays cost |