HEMMINGS COACHES TERMS AND CONDITIONS
Our contract and holiday information set out clearly and simply, the responsibilities which Hemmings Coaches have to you and which you have to us when a contract is made between us. The contract is made when you make a booking and we accept it by written confirmation on the terms set out in this document. When signing the ‘Booking Form’ for your holiday you will sign on behalf of yourself, and the others named in your party, that you have read, understood and have accepted this contract and the Holiday Information provided in this document. Your obligation is to pay the price of the holiday and recognise your liabilities if you wish to alter the holiday or have to make a cancellation. On our part we have obligations to provide you with the holiday you have booked. Our specification of that holiday and our terms are clearly stated in this document. Your contract is entered into with Hemmings Coaches. If you did not see this contract before you made your booking and you are not happy to proceed with the booking now that you have seen it, please return all documentation to us within 7 days of receiving this agreement. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel and it is not no less than twenty one days before travel.
Why should I read this?
Because it is important. This Fair Trading Agreement, together with the important holiday information, forms the basis of a legally binding contract between you (the person making the booking and everyone else named on your booking form) and us (Hemmings Coaches). If you take a few moments to study them you will see that they set out in simple terms what responsibilities we each have under the contract. Reading it now may help to avoid problems later.
How do I make a contract with you?
You can make a contract in a number of ways –
By filling in your booking form and posting it to us with your deposit/payment.
By visiting our offices at Powlers Piece in person.
The contract between us commences when your booking is entered on our computer immediately after we receive the booking, and a booking reference number is produced. At that moment the contract between us begins. We will send you a confirmation usually within ten working days. Please check it carefully to ensure all the details are correct and inform us immediately of any errors (within 7 days of receiving your confirmation). We cannot be responsible for mistakes if we are not notified; any costs or implications involved in rectifying any errors are solely your responsibility. The contract appertains to all persons named on the booking form.
Your contract with Hemmings Coaches
1. You pay a deposit
When you make your booking you must complete a booking form, accepting on behalf of all your party the terms and conditions of this Fair Trading Agreement, and pay a minimum deposit of £50 per person on all coach holidays plus the insurance premium (if required), and full payment on any day excursions.
2. You pay the balance
The balance of your holiday/tour must be paid at least 6 weeks before the departure date (no reminders are sent). If you book within the applicable balance due period you must pay the full holiday cost at the time of booking. If the balance is not paid in time, we reserve the right to cancel your holiday, retain your deposit, and apply cancellation charges set out in paragraph 4 “If you cancel your holiday”. All payments made by credit card are subject to a surcharge of 3%. Maestro, debit cards and cheques carry no surcharge.
3. If you change your booking
If after the confirmation has been issued from Hemmings Holidays (but before the balance due date), you wish to change to another of our holidays, we will do our up most to make the changes, provided that written notification is received by us from the person who signed the booking form, this must be accompanied by a payment of £10 per person to cover administration costs. On some occasions you can transfer your booking to someone else provided you give us reasonable notice. This person must be able to satisfy all the conditions for the holiday, if travel tickets have been issued, the departure point may not be able to be altered and a change cannot normally be made later than 7 days prior to departure, again any name transfers will need to be confirmed by you in writing with full details (name, address and contact telephone number) of those replacing the original person(s) named on the booking form. We will make administrative charges of £10 per person for every transfer we make, plus any reasonable additional costs that hotels may levy caused by the transfer. You will be responsible for ensuring that the holiday is paid for by the balance due date. Please note that changes cannot always be made where there is a ferry journey involved. Holiday insurances issued to those originally named cannot be transferred to any other holiday or to any other person traveling instead.
4. If you cancel your holiday
You or any members of your party, may cancel your holiday at any time provided that the cancellation is made in writing by any of the named persons on that particular holiday, your cancellation only takes effect from the date we receive your notice in writing, together with any travel tickets we may of sent you. As this incurs administrative costs we will retain your deposit and in addition, apply the cancellation charges listed below. Please note that if only part of the booking is cancelled this may mean that the accommodation booked will be under-occupied and may result in the remaining passengers having to pay any applicable supplements e.g. changing a twin room to a single room.
PERIOD BEFORE DEPARTURE AMOUNT OF CANCELLATION CHARGE (MONIES FORFEITED BY YOU)
Prior to 42 days Full Deposit Paid
28 – 42 days 45% of the tour cost
14 – 27 days 60% of the tour cost
7 – 13 days 75% of the tour cost
6 days or less 100% of the tour cost
Note: if the reasons for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
5. If we change your holiday
The arrangements for your holiday will usually have been made many months in advance. Sometimes changes are unavoidable and we reserve the right to make them. Most of these changes are likely to be minor and we will do our best to keep you informed. If, after booking and before departure, we feel we have made a significant change to your holiday, you will have the option of withdrawing from the holiday without paying an administration fee. If you withdraw from the holiday because we have made a significant change we will offer you the choice of: An alternative holiday which we may offer to you (subject to availability); or Cancel your booking
Important notice – the above choices do not apply to changes caused by reasons of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, fire, epidemic or health risk, technical problems to transport, port or airport closures, adverse weather conditions and similar events beyond our control.
6. If we cancel your holiday
All the tours in this brochure are offered subject to obtaining sufficient bookings for each tour/pick up area. If we are unable to reach a minimum number of passengers to validate the continuation of the tour/collections in your area, we will advise you 6 weeks in advance giving you the option to book an alternative holiday. However we reserve the right to withdraw any tour up to 6 weeks before departure for all holidays. In all cases we will offer you to choice of:
A comparable replacement holiday if available (any price increase will be payable by you); or
A replacement holiday of lower quality together with a refund of the price difference; or
A full refund of the money you have paid.
7. Financial security of prepayments
To comply with the E C Directive on Package Holidays all monies are placed in a Hemmings Clients Trust Account and are held until the tour has been completed.
8. What is included in the holiday price?
Holiday prices include all coach travel, hotel accommodation and meals as specified in the holiday and hotel description and VAT where applicable. Morning coffee, afternoon tea and other refreshments are not included unless specified. Some hotels may make a small charge for porterage and tea or coffee served after dinner, in such cases where we have not specified these items as ‘Included in the price’ any charges applied will be payable direct by you. Gratuities to hotel staff and driver/couriers are discretionary. Unless specifically indicated in the tour itinerary or description, entrance fees, guide fees and city sightseeing tours are not included in the holiday cost. All coach travel is included except where it specifically states ‘why not take’ ‘perhaps’ ’you might like to’ ‘optional’ or as an extra on that tour for example rail trips, cable cars, gondola rides, guided tours or entrance fees etc.
Meals: in the UK evening meals are generally three courses and there will usually be a choice of the courses on the menu. In continental hotels breakfast is defined as ‘continental breakfast’ unless otherwise stated. With evening meals in continental hotels there may be a restriction in choice. In all hotels the provision of tea/coffee after meals is not guaranteed.
Included excursions: The itinerary for your chosen holiday is summarised on the appropriate brochure page. To help you in planning your holiday, the excursions which are included in the price of your holiday are clearly shown in the brochure. Minor changes to the brochure itinerary and the travel ticket will not entitle you to compensation. Unless otherwise stated, excursions to cities and other major places of interest do not include guided commentary, guided tours or entrance fees to places of interest.
9. Revision of prices
The price of your holiday is subject to change for an increase or decrease in any of the following costs:
Transportation costs such as fuel (including fuel tax), ferry operator fares and tolls, embarkation or disembarkation fees at terminals
Exchange rates applied to the particular holiday booked
Dues and taxes (including the rate at VAT)
Even in this case we will absorb the first 2% of the holiday price, which excludes any insurance premium, and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than an extra 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid. Should you decide to cancel you must do so within 7 days from the issue date printed on the revised invoice. Alternatively, you may prefer to take a comparable alternative holiday, if available. The following exchange rates have been used to calculate our 2016 holiday prices, taken from travelex website on 20/05/2015
Euro 1.36, DKK 10.07, CHF 1.41 NOK 11.32 PLN 5.25
We accept responsibility for ensuring that all component parts of your holiday as described in this brochure are supplied to you and to what we consider a reasonable standard.
In the event of unforeseen circumstances Hemmings Holidays may deem it necessary to relocate the tour and thus reserve the right to use alternative, equivalent or greater standard hotel accommodation without notice. Please note that we cannot guarantee operation facilities within the hotel e.g. lifts, swimming pools, leisure equipment etc. and accept no liability where they are out of use. We cannot guarantee porterage at all hotels but do our utmost to provide this should you request it (any cost for this service will be payable by yourself).
Some excursion itineraries include the use of ferries and or other forms of transport which can be affected by matters out of our control (please refer to the ’Important notice’ listed in section 5) and may have to be cancelled or arrangements changed. Wherever possible a suitable alternative excursion will be offered.
11. Passenger behaviour/anti-social behaviour
We want all our customers to have a happy and carefree holiday. But you must remember that you are responsible for your behaviour and the effect it may have on others. If you or any member of your party is consistently abusive or disruptive or behaves in a way which, in our reasonable opinion, could cause damage or injury to others or effect their enjoyment of their holiday, or which could damage property, we have the right, after reasonable consideration, to terminate your contract with us. If this happens we will have no further obligations or liability to you. The coach driver/tour escort, ship’s captain, or authorised official or any other means of transport is entitled to refuse your boarding if in their reasonable opinion you are unacceptably under the influence of drink or drugs or you are being violent or disruptive. If you are refused boarding on the outward journey we will regard it as a cancellation by you and we will apply cancellation charges according to the scale in section 4. If the refusal is on the return journey we have the right to terminate the contract and will have no further obligation or liability to you. If you are disruptive during the journey, the coach driver may have to divert to off-load you. In those circumstances you will also be liable to us/or airline/ferry company for the costs incurred by the diversion. We operate a strict no smoking policy on all our coaches. We appreciate the co-operation of smokers and remind them that frequent journey breaks are made and bookings are taken on this understanding.
12. Other restrictions
You may not: Use mobile phones on the coach unless in the case of extreme emergency, play a radio or any other media appliances on the coach, consume alcohol on the coach.
We do not allow pets to be taken on our holidays.
14. Pick up points, itineraries, travel documents and passports
You are responsible for ensuring that you are at the correct departure point, at the correct time, with the correct documents and we cannot be liable for any loss or expense suffered by you or your party because of incorrect passport or late arrival at the departure point. If you are a British citizen travelling outside the UK you must have a full UK passport valid for a minimum of three months after your scheduled date of return. Non-UK citizens must seek passport and visa advice from the consulates of the countries you plan to visit prior to making a booking for one of our holidays. The name on the passport must match the name on the ticket, if someone in your party changes their name after the booking is made, you must tell us immediately so that we can issue the ticket in the new name.
Departure times will be set 10-12 days prior to your departure date and posted to the main addressee on the booking form, luggage labels will also be issued at this time. Certain travel documents theatre tickets, entrance vouchers etc. may have to be retained by us and your driver/tour escort will then issue them to you at the relevant time. If you lose a travel document after it has been issued to you we will require you to meet the direct cost charged by the carrier/supplier for the issue of a duplicate or replacement.
Please note in order to provide you with a shorter departure route, feeder vehicles may operate from some departure points. This can either be by car, taxi, mini bus, mini coach or coach – these vehicles will not be to the standard of your touring coach and may not have air conditioning, WC, hot/cold drinking facilities. Seat numbers allocated on confirmation apply to your touring coach not feeder vehicle. We cannot guarantee carriage of any wheelchairs or large mobility aids on feeder vehicles.
16. Travel delays
There are occasions when our coaches are delayed due to traffic congestion, ferry or flight delays etc. we cannot accept liability for these delays, howsoever caused.
17. Mechanical failure
Whilst we go to great efforts to ensure that everything functions correctly to ensure a smooth and enjoyable holiday, there are occasions when mechanical items can fail. In the event of any such failure Hemmings Holidays will attempt to minimise any inconvenience but we cannot be financially liable should such occur.
Under normal circumstances most western European Countries do not require visitors to be vaccinated. You are advised to check with your own doctor before travelling whether vaccination is required.
19. Special needs
Unfortunately, many hotels do not provide adequate facilities for guests with mobility problems or who suffer from other disabilities. We will accept lightweight wheelchairs for travel, subject to them being able to be folded and stowed away in the luggage hold of the coach. We regret we are unable to accept wheelchairs which are more than 20kg in weight. This means we cannot carry battery powered wheelchairs or scooters that need to be taken apart for storage. We MUST be advised at the time of booking that a foldable wheelchair is being taken on the trip, as we have to also consider the luggage capacity of the coach. We cannot guarantee carriage of any wheelchairs or large mobility aids on feeder vehicles.
Our drivers/escorts will be happy to provide general assistance to passengers but will not be expected to:
Provide assistance that extends to the bodily lifting and carrying of any customers on and off the coach
Undertake any action that may put their health, safety, welfare or the legal requirements for a break whilst on duty at risk
Act as carers for customers at departure, during the journey, on arrival at destination or during the tour
But whether you are planning a holiday overseas or in the UK, please notify us before you book if you or any member of your party has special needs or suffers from any disability.
20. Special requests
If you prefer a ‘low floor room’, a special diet, or perhaps a walk-in shower, we will happily discuss this with the hotel, but we can’t guarantee that they will meet your request. Therefore, if your request is a condition of booking, you must let us know at the time of your initial enquiry, and we can approach the hotel at that time to ensure your request can be met before your contract commences. In respect of requests for a ‘low floor room’, hotels tend not to attach too great importance to these if they have a lift; if therefore your request for such a room are for reason other than finding stairs difficult, i.e. dislike of heights, please advise at the time of booking. We will pass on any requests you may have but it does not guarantee that the supplier will fulfil your request.
21. Single occupancy
Single occupancy of rooms when available may be subject to a supplementary charge and this will be shown on the brochure page. Although some tours featured in this brochure have no single supplement, spaces are limited and therefore sell quickly. However, additional single rooms may be requested but will be subject to availability and a charge made by the hotel. Where a supplement is applied it does not mean that you will be allocated a twin or double room.
Adequate accommodation is provided for passenger’s luggage, but obviously space is not unlimited and passengers are requested to restrict their luggage to one medium sized suitcase per person plus small hand luggage, which may be taken on the coach, Luggage labels are supplied. Passengers are responsible for ensuring their luggage is on the coach they are travelling on.
23. Complaints procedure
The hotel and driver must be informed of any complaints immediately to allow rectification of any problems. If the matter cannot be resolved immediately, you must notify us in writing within 14 days of the completion of your holiday, quoting your holiday destination, dates and the full details of your dissatisfaction. Failure to establish your complaint immediately in accordance with the above procedure may affect the outcome. If your complaint is with regards to the hotel, you must express your issues with the hotel management whilst on tour in order for the problem to be rectified if possible. Complaints are hard to be rectified if the hotel has not been informed of the issues.
24. Statuary authorities
This brochure is issued subject to applicable Acts of Parliament and Government Regulations and the company reserves the right to modify itineraries to conform to requests from the competent authorities in the United Kingdom and any other sovereign state through which tours run.
25. Email disclaimer
All emails and any files transmitted with it are confidential and intended solely for the use of the individual or entity to who they are addressed. If you receive an email in error please notify Hemmings Coaches immediately. Emails contain confidential information and are intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy. Please notify the sender immediately by email if you have received an email by mistake and delete the email from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
Any views or opinions presented in an email are solely those of the author and do not necessarily represent those of the company. Employees of Hemmings Coaches are expressly required not to make defamatory statements and not to infringe or authorise any infringement of copyright or any legal right by email communications. Any such is contrary to company policy and outside the scope of the employment of the individual concerned the ‘company’ will not accept liability in respect of such communication.
26. Travel insurance – important information