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.
(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
(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.
AMENDMENTS & CANCELLATIONS
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.
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.
% of Total
Date written advice
of cancellation received.
Up to 43 days prior
42-29 days prior
28-15 days prior
14-1 days prior
Departure date or after 100%
AMENDMENTS BY THE COMPANY
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.
date when notification
of change is sent.
More than 42 days
29-42 days prior
15-28 days prior
0-14 days prior
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.
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
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).
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
(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.
OF THE COMPANY
applies all reasonable checks to ensure that those involved in the
preparation and provision of your holiday maintain the appropriate
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.
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.
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
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.
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.
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.
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.
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
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.
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
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
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
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.
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.
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.
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:
Sheen Lane, London,