BOOKING TERMS AND CONDITIONS
FOR ALL HOTELS
This brochure was published in March 1999, is valid until 30 April 2000 and supercedes all other issues. Rainbow Holidays is a trading name of Rainbow Holidays 1997 Ltd.
Your contract for all services (except transport by Train Operating Companies or National Express Ltd see below) will be with Rainbow Holidays 1997 Ltd and in all cases your money will be protected in a client money trust account. These arrangements ensure you would receive a refund in the unlikely event of our insolvency. Where applicable, in the event of our insolvency, arrangements will be made for repatriation. References in these conditions to "Rainbow holidays" and "us" are references to Rainbow Holidays 1997 Ltd.
You may have extra legal safeguards if you book a "package" as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 and therefore we explain below what type of booking will be a "package". A "package" exists if you book two or more different holiday components at the same time (ie, transport plus hotel). If you book only one component or several components of the same type (eg, just transport or just hotels), these are "other travel arrangements".
We act as a booking agent of Train Operating Companies and National Express Ltd. Bookings for their services will form a direct contract between you and Train Operating Companies and National Express Ltd and will be subject to their standard terms and conditions (copies are available on request from us - please allow 28 days).
Although we act as an agent on behalf of Train Operating Companies and National Express Ltd, we voluntarily accept the legal duties imposed on "organisers" by the Package Travel, Package Holidays and Package Tours Regulations 1992 in relation to all "packages" booked with or through us. Please note that these booking conditions sometimes differentiate between "packages" and "other travel arrangements".
HOW TO BOOK
You can book via your travel agent UKhotels. Full payment must be received by your travel agent at the time of booking. We will then despatch a confirmation and travel documents - it is at this time that a binding contract comes into existence.
Cheques should be made payable toUKhotels. Bookings made within seven days of departure should be paid by credit card (Mastercard/Visa/Amex/Diners Club/Switch).
Any monies paid to a travel agent for any booking will be held on your behalf until a confirmation invoice is despatched, and thereafter on behalf of Rainbow Holidays (and/or Train Operating Companies/ National Express Ltd, as appropriate)
AMENDMENT BY CLIENT
Should you wish to alter your booking after it has been made a charge of £10 will be levied, each time a change is made and where it is possible to do so. Fax and other communication charges may also be levied. Amendments must be confirmed in writing by you.
If you cannot travel because of serious illness, death or serious illness of a close family relative, jury service or redundancy, you will be allowed to transfer your booking to another person who satisfies all the conditions of the booking, provided that such a transfer is requested in writing at least 21 days before your departure. Your request must be accompanied by written proof of the reasons why you are unable to travel, together with all the documents which you have received. Further, the total cost of the transfer must be paid before the transfer is made. These costs will be made up of both an administration fee of £10 and any costs imposed by suppliers. For example, transportation companies may regard a transfer as creating 100% cancellation charges and requiring the cost of a new ticket.
CANCELLATIONS BY CLIENTS
Cancellations must be made in writing by you and any tickets or travel vouchers returned to us by registered post.
Insurance premiums, theatre tickets, travel tickets and sightseeing vouchers are non refundable, irrespective of when cancelled. As regards the remainder of the holiday cost after the value of any insurance premiums, theatre tickets, travel tickets and sightseeing vouchers has been deducted, you will normally forfeit 20% (this percentage may increase, where arrangements cover public holidays, special packages or during certain seasons) if we receive your cancellation 2 or more days before departure, increasing to 100% thereafter. Where cancellation charges or booking terms and conditions differ from those set out above, this fact is detailed on the relevant page in this brochure.
If you fail to pay any amount for your holiday arrangements when it falls due, this will be treated as a cancellation by you.
AMENDMENTS AND CANCELLATIONS BY US
Holidays featured in this brochure are subject to availability at the time of booking. Please note: there may be occasions when hotels only have rooms available which cannot be booked through us at our preferential rates. Due to circumstances beyond our control, it may be necessary to alter or cancel the arrangements booked. If we cancel or make a major alteration, you or your travel agent will be notified immediately. You will be offered an alternative of the same standard or higher. You can accept the changed arrangements, purchase another holiday or cancel. In the last case you will receive a full refund of all monies paid, except insurance premiums.
If a cancellation or major alteration is made to your package or other travel arrangements after the booking is made and payment in full received, we will offer reasonable compensation, provided it does not arise for reasons of force majeure and provided that such cancellation or major alteration is made within eight weeks of your departure. We will not however be under any other liability, nor will we be liable for minor changes. We will, though, try to notify you.
Force majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers can avoid. Examples are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions or similar events beyond our control. Low bookings refers to the fact that minimum numbers are needed for some special interest / activity holidays. Cancellations because of low numbers will be notified at least three days in advance.
If a major change occurs after the date of commencement of your holiday we shall either provide alternative arrangements or give you a pro-rata refund for all services not received, together with reasonable compensation.
SUPPLIERS CONDITIONS
As between you and any supplier of the services which make up your booking (eg. transport company, hotel, etc) the supplier's standard terms and conditions will apply. For a copy of these conditions, some of which exclude or limit liability, please refer to us and allow 28 days for delivery. NB. This brochure is issued solely on our responsibility. It is not issued on behalf of, and does not commit any independent organisations/carriers whose services are used.
If you are prevented from travelling on any form of transport or denied accommodation because in the opinion of any person in authority (including for example the police, security personnel) you appear by reason of intoxicating liquor or misuse of drugs, either to be unfit to travel or likely to cause discomfort or disturbance to other passengers/guests, our responsibility for your journey or holiday, including any return transport, thereupon ceases. Full cancellation charges will then apply and no refunds will be given. Furthermore, we will then be under no obligation whatsoever for compensation or costs you may incur in respect of, or as a result of, alternative arrangements you may make.
BROCHURE ACCURACY
All due care and diligence has been exercised in the production of this brochure. Descriptions of the hotels and facilities have been, where practical, verified by senior management. However, there may be occasions, beyond our control, when certain facilities are withdrawn. You will be advised of any such changes, as soon as possible, provided we have been advised. Where it is stated that hotels have night clubs, discos, entertainment, or provide facilities such as tennis courts, table tennis, leisure, sunbeds, etc, the hotels may make charges and equipment is not always provided. The provision of such facilities may be limited from time to time. Outdoor activities may be subject to weather conditions and, on occasions, sufficient numbers. Also, please note that entertainment, etc, may be subject to local regulations.
You should be aware that we reserve the right to change any prices, services or facilities described in this brochure at any time before a contract is made between us. If there is any change we, or your travel agent, will tell you before you enter into a binding contract with us.
The English Tourist Board ("the ETB"), in conformity with its statutory purpose of fostering tourism to and within England, has agreed with Rainbow Holidays that the ETBs Marque may be used as part of the promotion of this brochure.
The use of ETBs Marque does not imply that ETB endorses or guarantees the holiday products herein and ETB does not endorse or guarantee and makes no representations or warranties as to the quality of the products or any element of the contents hereof including without limitation the hotels featured herein nor does ETB represent or warrant that the products herein conform with the descriptions furnished. ETB cannot accept responsibility for any error, mis-representation and any and all liability for loss, disappointment, negligence or damage caused by reliance on the information contained in this publication or any failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation or cessation of the trade of any company, individual or firm mentioned is hereby excluded.
SPECIAL REQUESTS
Special requests cannot be guaranteed. Any bookings that are conditional upon special requests being met will not be accepted. Special requests received will be reflected on our booking documentation.
COMPLAINTS
You must take up any complaints with the relevant supplier and our local representative (if any) immediately, who will endeavour to put things right. If you still remain dissatisfied, any complaint must be made in writing to us within 28 days of your return. Failure to take either of these steps will deny us any opportunity to rectify the problem and/or investigate it properly, with the result that any entitlement you may have to compensation will be extinguished or, at the very best, substantially reduced.
OUR PRICES
We reserve the right to change the price of any holiday component in our brochures before you book, in which case you will be told before your booking for those components is confirmed on our confirmation invoice. Although we try to avoid increasing brochure prices, increases can occur as a result of such factors as changes in hotel prices, exchange rates, government taxes or errors in price calculations etc.
The price of your booking, once confirmed, is fully guaranteed and will not be subject to any surcharge.
The Rainbow Reward
We guarantee that, subject to the comments set out below, in the event that you are able to obtain from any other UK Short Breaks operator ("the other operator") a hotel detailed in this brochure at a price cheaper than the price quoted by us to you at the time of booking, we will pay you a sum equal to the monetary difference between our price and the other operator's price and, in addition, give you a £10 voucher per booking for use against your next booking with us (together "the Rainbow Reward"). You will, however, only receive the Rainbow Reward if:
(i) you have a confirmed booking with us before claiming it;
(ii) you have from the other operator verification of the hotel price which you could have booked on the same day as we gave you our quotation, and
(iii) the hotel price offered by the other operator is for the same hotel, the same type and standard and basis of accommodation, the same dates, and offering the same services and facilities as that offered by us.
OUR LIABILITY
Paragraph (a) applies in the case of packages (defined in the introduction to these conditions). Paragraph (b) below applies to other travel arrangements.
(a) Packages Only
We accept liability for any loss you may suffer if any part of the holiday arrangements you book with us is not as described and not of a reasonable standard. We also accept liability if you suffer death or personal injury as a direct result of the holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on our part nor on the part of our suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions, to the acts or omissions of a third party not involved in providing the services which make up your holiday and which were unforeseeable or unavoidable, or to unusual or unforeseeable circumstances whose consequences could not have been avoided or anticipated even exercising all due care. They are also conditional upon you assigning to us any rights you may have against any other person whose acts or omissions have given rise to our liability.
Our liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, in all cases, liability and compensation are limited in accordance with the provisions of all relevant international conventions which concern road, sea and rail and the provision of accommodation. Copies are available on request - please allow 28 days.
If you suffer death, injury or illness whilst overseas arising out of an activity which does not form part of the package arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign to us any costs recovered or any benefits received under an appropriate insurance policy. Our costs in respect of the above on behalf of you and your party shall not exceed £5,000 in total.
(b) Other Travel Arrangements
We act only as a booking agent and have no liability whatsoever for any aspect of the arrangements and, in particular, have no liability for any death, personal injury or loss of whatever nature you may suffer, unless caused by our negligence.
YEAR 2000
As stated on page 98 of this brochure we do not accept any responsibility for disruption, inconvenience, cancellation or alteration to holidays due to problems caused directly or indirectly by the Year 2000 Problem (where computer systems may be unable to cope with the change from midnight December 31 1999 to 12:01 am on January 1st 2000 as well as other dates in 1999 as well as 2000) where these problems are not our fault or the fault of one of our suppliers or could not have been avoided even though all reasonable care had been taken.
EXCHANGE RATES
Holiday prices have been negotiated on the basis of £1.00 equals 1.1159 Irish Punt (as at the exchange rate based on 31 December 1998).
LAW AND JURISDICTION
The contract and all matters arising from it are governed by English Law and subject to the jurisdiction of the courts of England and Wales.
Rainbow Holidays 1997 Ltd
(Company Reg No 586842)
is registered in England at First Choice House, London Road.Crawley,West Sussex, RH10 2GX
GENERAL INFORMATION
ACTIVITY AND SPECIAL INTEREST HOLIDAYS
Certain special interest and activity packages may be subject to weather conditions and sufficient numbers. Please check at the time of booking.
CAR PARKING
You will find free parking at the majority of our hotels, except in London and major city centres, where many hotels have reduced fee arrangements with nearby car parks. All cars are left entirely at the owner's risk.
COACH INCLUSIVE HOLIDAYS
Travel can be any day and your stay must be for a minimum of one night. Where there is a choice of routes, prices may vary. Transfers from your arrival coach station to your hotel are not included.
Reservations
Reservations are essential. Changes to return travel date and time are possible prior to your scheduled departure by contacting a National Express agent provided there is no change of route. An amendment fee, to be paid locally, of approximately £1.50 per transaction applies.
Children
Children under 5 years of age travel free of charge, provided they do not occupy a seat (one free infant allowed per paying adult). Children aged between 5 and 15 years inclusive receive reductions of 50%. Reservations will not be accepted for unaccompanied children.
Baggage
One average size suitcase is allowed per person.
Delayed Departures
In the event of a delayed departure, the transport company, not Rainbow, will make the appropriate arrangements.
DISABLED GUESTS
We extend a warm welcome to all of our guests, but the historic and inherited design of some properties does mean that access may be difficult for certain individuals. Please enquire when booking that the hotel's disabled facilities meet your specific requirements.
All hotels which display the wheelchair symbol have been inspected by either the Holiday Care Service or one of the four National Tourist Boards and comply with their requirements.
HEALTH (DUBLIN ONLY)
We would recommend you obtain a copy of the Department of Health leaflet T4 (Travellers Guide to Health) from your travel agent or the Department of Health and also check with your own doctor.
HOTEL ROOMS
Except where stated hotels may allocate a room for you in any part of their property (including in some cases annexes, new extensions etc). Please note: triple or quad rooms may offer any combination of single/double beds, some of which may be of a fold away type.
HOTEL STAR RATING
Star ratings indicate our assessment of the standards of hotels on the criteria shown below. These often correspond with AA/RAC ratings and within some hotels, rooms may vary in standard. Unless otherwise stated, all rooms include ensuite bath and/or shower and WC.
* Straightforward accommodation offering value for money.
** Pleasant, comfortable accommodation with modest guest facilities.
*** Good quality accommodation and guest facilities.
**** A high standard of accommodation, mostly with excellent public areas and facilities.
***** Luxury accommodation and facilities providing the ingredients for a memorable stay.
In Ireland we have detailed the appropriate official Tourist Board hotel classification.
While all properties included in this brochure show star ratings based on Rainbow Holidays criteria, in next years programme the majority of accommodation will be rated against the new Harmonised Quality Standards, showing ETB/AA/RAC ratings where applicable.
MEALS
Prices include meals as stated. Where dinner is included in the price, this is a minimum three course table d'hote dinner, or an allowance towards the a la carte menu, determined by the individual hotels. Meals may have to be taken in a specified restaurant. Where the price is based on room only, no meals are included.
Payment for any extra meals or services taken must be made direct to the hotel on departure.
PASSPORTS & VISAS (DUBLIN ONLY)
A full ten year British Passport is required. The ten year Passport is obtainable from your nearest Passport Office but please allow at least 12 weeks for a postal application. Holders of non-British Passports and/or British Passports issued overseas should check with the relevant Consulate whether they require any special permits or visas for countries they are visiting or passing through. Information about obtaining any necessary visas should be obtained from the relevant Consulate. It is your responsibility to be in possession of a valid passport/visa for any country you intend to visit. We cannot accept liability, or consider refunds for clients who cannot travel because of insufficient/incorrect documentation.
RAIL INCLUSIVE HOLIDAYS
We can arrange rail inclusive holidays to any hotel displaying the rail symbol from most stations. (The double arrows symbol is a trademark owned by the Secretary of State for Transport). Distances shown from the station to the hotel are approximate. Transfers from the station to your chosen hotel are not included. Supporting documentation for your holiday must be carried at all times on the train and shown on request.
Train Operating Companies have a set pricing structure for clients travelling on rail inclusive holidays. Your travel days will be defined as being High Rate or Low Rate.
Definition for March 99 April 00:-
High Rate - All Fridays. Other specific "peak" dates are Thursday 1 April 99,
Saturday 29 May 99, all Saturdays in July and August 99,
Saturday 18 December 99 to 1 January 00 and Thursday 20 April 00.
Low Rate - All other dates not indicated above.
Where travel occurs either in one or both directions on a high rate day, then the high rate fare applies. Any person travelling by rail on a high rate day with a low rate ticket will be charged the difference between the applicable saver and super saver fare for the route in question by the train conductor on the journey.
Train Operating Companies reserve the right to vary the definitions of High and Low Rate days without notice.
Outward portions of tickets can be used on the date shown and for two days thereafter, provided Low Rate days do not become High Rate days. Return portions are valid for one month.
Midweek Travel
For midweek rail travel (Monday-Thursday) your stay must be for a minimum of one night where at least two people travel together and share twin or double accommodation, or two consective nights for single travellers in single accommodation.
Travel to London
For rail travel to London you may not travel on services due to arrive in London before 10.00am, Monday to Friday.
First Class
First Class rail travel is usually available at a supplement. Please ask our Reservations Service for details. We do advise that you check the availability of a First Class service on your chosen train. Train Operating Companies, and as a consequence Rainbow, will not refund any First Class supplement paid, unless the First Class service is withdrawn by them for operational reasons.
Journey Details
Travel must take place by the route specified on your travel ticket.
We strongly advise you to check all your journey details with the appropriate Rail Company prior to departure, especially on Sundays, Bank Holidays and over the Christmas and New Year periods. Call 0345 484950 for further information.
Seat Reservations
We also recommend that, on receipt of your rail tickets from us, you reserve your seat with your local rail booking office. This is particularly important at peak holiday times and on High Rate days. Groups of ten people or more must make seat reservations for their journey.
Children
Children under 5 years of age travel free of charge and those aged between 5 and 15 years receive a reduction of 50% off the adult fare. Up to 2 children under 16 years of age travel free by rail and can stay free when sharing a family room with 2 adults at many of our hotels.
Travel packages are offered by Rainbow Holidays 1997 Ltd and NOT by The Association of Train Operating Companies or the Secretary of State for Transport.
ROSETTES
Rosettes are awarded by the AA to hotels achieving notable excellence for quality of cuisine, from one rosette - indicating carefully prepared food reflecting a high level of culinary skills - to a maximum of five rosettes indicating outstanding cuisine reaching the highest international standards.
Some hotels have more than one restaurant. Should your meal arrangements be half board it is quite possible dinner can only be taken in the restaurant with rosette award/s upon payment of a supplement.
Details of rosette awards are correct at the time of going to press.
SPECIAL REQUESTS
If you have a special request (eg. lower floor rooms) please pass it on it us at the time of booking and by completing the appropriate space on our booking form. We regret, however, we cannot guarantee any special request will be met.
THEATRE, CONCERT AND EVENT BOOKINGS
Tickets will only be sold in conjunction with hotel accommodation and, in some cases, tickets may be linked to accommodation at specific hotels.
Our ticket agency may apply booking fees. Rainbow will apply an administration fee for arranging theatre, concert and special event packages. The face value of tickets will be advised at the time of booking, unless they form part of a special package.
Ticket charges are not refundable in the event of cancellation and must be paid in full at the time of booking. We recommend that you take out our holiday insurance (see below) - please request this at the time of booking.
As tickets for the most popular shows, concerts and events can be in great demand, we recommend that you book as far in advance as possible so that we can offer you the widest choice of dates and seats and to ensure that you receive your tickets. Venues reserve the right to alter your seating arrangements without prior notification, although the alternative seats offered will be of an equivalent or higher value.
TIMINGS
Departure timings are provided by the relevant carriers. They are subject to factors such as weather conditions, the need for constant maintenance, and there is no guarantee that transport will depart at the times shown on the confirmation or tickets received. The timings are estimates only. We do not have any liability to you for any delay which may arise.
TRAVEL DOCUMENTS
On receipt of tickets and travel documents you should check all details and timings carefully. Where special methods of despatch are required for travel documents, a fee may be charged.
TRAVEL INSURANCE
"It could never happen to me." Well, perhaps not, but just to be sure Rainbow Holidays have arranged a quality insurance through Hamilton Barr Insurance Brokers Ltd. A precis of the cover is given below. A full statement of cover, which also indicates claims notification procedure, will be sent with your confirmation of booking.
There are exclusions under the terms of this policy and the full policy wording can be obtained from our Reservations Service.
We summarise below details of the cover provided and excesses which are applicable to certain sections of the policy.
There are two options, standard comprehensive cover or just cancellation only cover.
Please note: premiums for comprehensive cover are per person, for cancellation cover per booking.
| Sections | Sums Insured Up To |
||
Comprehensive Cover |
Cancellation Only Cover |
Excesses |
|
| Personal Accident | £5,000 |
Nil |
|
| Medical Expenses | £2,000,000 |
£20 |
|
| Cancellation/Curtailment | £500 |
£500 |
£20 (£5 Loss of Deposit) |
| Hospital Benefit | £10/£300 |
Nil |
|
| Personal Effects &
Baggage Single Article Limit Valuables Delayed Baggage |
£750 £150 £150 £100 |
|
} £20 |
| Passport Indemnity | £250 |
Nil |
|
| Personal Liability | £1,000,000 |
Nil |
|
| Legal Expenses | £10,000 |
Nil |
|
| Premiums Up to 8 days 01 Mar 99 30 Apr 00 |
Per person |
Per booking |
|
| Adults Children (2-15 years) Infants (under 2 years) |
£5.50 £2.75 Free |
£5.50 |
|
All our premiums are inclusive of Insurance Premium Tax.
YEAR 2000
We have taken all reasonable steps to ensure that our own, and our suppliers computer systems are Year 2000 compliant. We cannot however guarantee that there will be no disruption to Holidays travelling over the New Year 1999/2000 or afterwards. We have no ability to check on compliance in many areas such as air traffic control systems, airport facilities etc, and even local traffic lights, which may have computer chips embedded within them or rely upon computer systems to operate effectively.
The year 2000 problem is widely known and foreseeable but equally there is little that we, as responsible Tour Operators, or you our customers, can do to prevent problems occurring that affect us in our day to day activities, other than make sure that our own systems comply.
For this reason we are sure that you understand why the final clause of our Booking Conditions on page 99 of this brochure excludes responsibility for Year 2000 related problems that are not our fault or the fault of one of our suppliers. We are also sure you will take this into account if you suffer some
(probably no more than slight) inconvenience on your holiday.