Booking conditions

BOOKING CONDITIONS

This information was published inSeptember 2002. The holidays featured here are operated by Mekong Travel “The Company”. The following conditions, together with the relevant information set out in this brochure, will form part of your contract with the Company.

BOOKING YOUR HOLIDAY

(a) To secure your booking, you should complete and sign the Mekong Travel Booking Form, and send it to the Company with a deposit of £150.00 per person - or as advised by the Company. If you are booking within 8 weeks of departure, then full payment is required.
(b) Your booking is accepted by the Company and becomes definite when the Company issues a Confirmation Invoice. If for any reason the Company does not accept your booking your deposit will be returned.
(c) Special Requests should be indicated on the Booking Form or made in writing. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met.
(d) If you arrange your holiday direct with the Company all correspondence and other communications will be sent to the address of the first person named on the Booking Form unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(e) If your booking is made through a travel agent, the Company will address all communications to that travel agent. All moneys paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such moneys are forwarded to the Company.
(f) The balance is due 8 weeks before departure.

2. AMENDMENTS & CANCELLATIONS

(a) AMENDMENTS BY YOU

The Company will make every effort to assist you if you wish to alter your arrangements. Request for amendment must be in writing signed by the signatory of the Booking Form. If your request is received more than 42 days before departure you must pay an amendment charge of £50.00 per booking, together with all communication charges or other expenses incurred by the Company. These charges will be payable whether or not the Company succeeds in confirming your requested amendment. If your request is received 42 days or less before departure, it will be treated as cancellation and re-booking and the normal cancellation charges detailed in paragraph (b) below will apply.

(b) CANCELLATION BY YOU

All cancellations must be advised in writing, signed by the signatory of the Booking form and sent to the Company. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. The following cancellation charges (together with holiday insurance premiums) will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.

Days prior to departure          % of Total
Date written advice            Holiday Cost
of cancellation received.
Up to 43 days prior             Deposit forfeit
42-29 days prior                       30%
28-15 days prior                       45%
14-1 days prior                         60%
Departure date or after            100%

(c) AMENDMENTS BY THE COMPANY

Great care is taken to ensure that the descriptions and prices given in this brochure are accurate at the time of publication. Changes can occur, though and the Company reserves the right to advise you of a change, including a change of price, before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays us advertised. In very rare circumstances, the Company may have to modify a holiday before you depart. If the modification is significant (that is, if it is a change of flight time by more than 12 hours, a change of international airport [except between airports serving the same city], a change of destination or a change to a lower standard of accommodation), the Company will notify you us soon us practicably possible and offer you three choices. You may accept the modification, you may change your booking to another available holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you pay the difference, but if it is cheaper, the Company will make the appropriate refund. If you cancel and receive a full refund following significant modification made for any reason other than force majeure or low bookings you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change.

Days prior to departure          Compensation
date when notification              per person
of change is sent.
More than 42 days                       £10
29-42 days prior                          £20
15-28 days prior                          £25
0-14 days prior                            £30

Force majeure means unusual and unforeseeable circumstances beyond the Company’s control, the consequence of which neither the Company nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers. ‘Low bookings’ means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form. Cancellation by the Company as a result of low bookings will not be made after the ‘balance due’ date (i.e. 4 weeks before departure).

If there is a minor modification before you depart (that is, any change not included in the definition of a significant modification set out above), the Company will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation. If the Company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a pro-rata refund for ground arrangements not received.

(d) CANCELLATION BY THE COMPANY

If you fail to pay the balance of the holiday price at least 8 weeks (56 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in paragraph 2(b) above.

If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of a comparable standard or will give you a full and prompt refund. In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation as set out in paragraph 2(c).

MEKONG TRAVEL: PRICE POLICY.

(a) All prices in this brochure are based upon costs as at 28 June 2000 and currency exchange rates to the £ as shown in the Financial Times of 28 July 2000.
(b) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking.
(c) After a Confirmation Invoice has been issued, unless you choose to pay for your holiday in full at the time of booking (see paragraph 3(e) below), the price of your holiday is, regrettably, subject to the possibility of surcharges in certain limited circumstances. However, a surcharge will only be levied to reflect increases in transportation costs (including fuel and air fares), dues, taxes (including a change in VAT), fees chargeable for services (including landing taxes and embarkation or disembarkation fees at ports and airports), government action, or adverse exchange rate variations. Even then, the company will absorb an amount equal to 2% of your holiday price (excluding insurance premiums and amendment charges) before passing on any surcharge to you. However where a surcharge is payable, there will be an administration charge of £0.50 per person (together with an amount to cover your travel agent’s commission, if applicable). Surcharges will be notified by a revised Confirmation Invoice sent to you (or your travel agent). The Company undertakes, though, not to levy a surcharge within 8 weeks (56 days) of departure, except in two circumstances. First, if the Company fails to receive the balance of the holiday cost when it falls due, the Company may levy a surcharge up until 6 weeks (42 days) before departure. Second, if your booking is based upon normal published First, Club or Economy class fare, any increase in the air fare (although not in the rest of the holiday) may be passed onto you until 30 days before departure.
(d) If a surcharge would increase the total holiday price shown on your original Confirmation Invoice by 10% or more, you may cancel your booking within 14 days of the date of issue of the revised Invoice and obtain a full refund of all payments made to the Company, except for holiday insurance and any amendment charges previously incurred.
(e) Optionally, you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by the Company at that time. To qualify for this benefit you should return the Confirmation Invoice to the Company with full payment to reach the Company within 7 days of the date when the Confirmation Invoice was first posted to you.
(f) The financial commitments offered above by the Company mean that the Company is not able to reduce holiday prices should the value of the £ strengthen.

4. RESPONSIBILITIES OF THE COMPANY

The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.

The descriptions, information and opinions given in this brochure by the Company in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing.

The Company accepts liability for any loss you may suffer if any part of the holiday arrangements you book with the Company before departure is not as described and not of a reasonable standard. The Company also accepts liability if you suffer death or person injury as a direct result of these holiday arrangements failing to be as descried and of a reasonable standard. However, these acceptances of liability do not apply if there has been on fault on the part of the Company or its suppliers and the loss, death or personal injury suffered is attributable to you own acts or omissions, to the acts or omissions of a third party not involved in providing the services which make up your holiday, 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 the Company any rights you may have against any other person whose acts or omissions have given rise to the Company’s liability.

The Company’s 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, inter alia, 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 international conventions which concern transportation and accommodation.

If you suffer death, injury or illness during your holiday arising out of an activity which does not form part of the inclusive arrangements booked with the Company, the Company will offer assistance where appropriate and in its sole discretion. This assistance must be requested with 90 days of your misadventure and will be limited to general advice and/or assistance with legal fees up to £5000 per Booking Form, such contributions to be repaid to the Company out of any judgement or insurance payment you subsequently obtain.

5. YOUR RESPONSIBILITIES

(a) General information concerning passport, visa and health requirements applicable to UK citizens is set out in the brochure. However, such requirements are subject to change and you must check current requirements before departure. It is your responsibility to obtain all documents required for your holiday, to ensure that these are in proper order and to take them with you. The Company will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
(b) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.

6. AIRLINES & OTHER SUPPLIERS

(a) As between you and suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers liability. (Copies are available on request, please allow 28 days).
(b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly the times of flights and other forms of transport are estimates only and cannot be guaranteed.
(c) Activities on some tours, such as Ballooning, Canoe Safaris and White Water Rafting, carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use hotel equipment otherwise offered free.

7. EXCURSIONS

Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions.

8. IF YOU HAVE A PROBLEM

If you are unhappy with any aspect of the Company’s arrangements while you are on holiday, you must address your complaint immediately to the Company’s local representative (or, if none, to the Company) and to the management of the hotel or other supplier whose services are involved. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, any right to compensation you may have will be extinguished, or at the very least, substantially reduced. In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a special scheme which, though devised by arrangement is administered quite independently by the Charted Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on holidaymakers in respect of costs.

The scheme does not apply to claims for an amount greater than £1,500 per person of £7,500 per booking form, neither does it apply to claims which are solely or mainly in respect of personal injury or illness.

Application for arbitration under this scheme must be made within 9 months of the date of return from the holiday, but in special circumstances it may be offered outside this period.

This contract and any matters arising from it are governed by the laws of England and Wales and are subject to the jurisdiction of the Courts of England and Wales.

9. FINANCIAL PROTECTION

THE TTA

The TTA is a trade association of Travel Agents, Tour Operators, and Travel Organisers, that operate trust accounts, in order to provide financial protection for the consumer. The TTA lays down strict guidelines on how customer funds may be handled and each member must adhere to these guidelines. Every TTA Member puts customer funds into a designated trust account, which is supervised by an independent trustee. The Trustee is a Banker, Chartered or Certified Accountant or solicitor. Your funds are held in this account and may not be released unless you receive your holiday or your funds are released to another company that becomes responsible and provides for your financial protection.

THE TTA MEMBER

All payments made to a TTA Member should be made payable to the specially designated Trust Account i.e. when paying ABC Travel Ltd., make all payments to ABC Travel Ltd.’s Trust Account. Credit Card payments are automatically deposited into the Trust Account via electronic processing. Every TTA Member will have a practising certificate. This certificate will identify the TTA Member’s number, the company to whom all payments should be made and the Trustee for that Member including the Trustee’s address.

BONDING

Traditionally travel companies arrange bonds, which pay out in the event of the insolvency of the travel company. This provides for a set amount of cover for all customers of the travel company, who have made a booking at the time of insolvency. This arrangement is intended to meet their claims. However if the total amount of the bond is insufficient, only part of the money can be reimbursed.

With a TTA Member a Trust operation is in place and all your money will be available because it is protected by the Travel Protection Plan.

THE PLAN

The Travel Protection Plan covers every service which you have booked from a Travel company whether it be for transport, accommodation, entertainment or recreation. It involves two aspects, firstly the Trust Account operated for your benefit. The money may only be released from the Trust to pay for the services which you have booked. Secondly there is further protection from insurance cover provided by the Safe Seat Plan, if your money is not in the Trust Account. It will reimburse the loss of any amount paid to the Travel Agent for your booking up to a maximum any one passenger of £11,000. So if you have paid £2,000, the policy will reimburse the loss of the £2,000, where it is not available for you from the Trust Account.

Therefore the Trust Account plus the Safe Seat Plan Insurance coverage will ensure that all the money which you have paid is safely protected and available to pay for those services which you have booked.

CLAIMS

Should the TTA Member become insolvent, in most instances your money will still be held within the TTA Member’s Trust account by the designated Trustee, and available to pay for your holiday. If the money is not there, then the insurance policy is available to reimburse your loss. In some cases your holiday may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance your holiday will continue as planned. Where possible attempts will be made to ensure that you can carry on with your original holiday arrangements. If you require a claim form for the Safe Seat Plan or have inquiries, contact the:

Travel Trust Association,
Parkway House,
Sheen Lane, London,
SW14 8LS

E&OE