Terms and Conditions
Maggi Smit trading as America As You Like It has a Civil Aviation Authority ATOL (Air Travel Organiser's Licence) No.2966.
Booking with America As You Like It
At time of booking we will take all of the passengers names, dates of birth as they appear on their passports. It is the responsibility of all passengers to inform us of the correct details as on the passport in order to book travel arrangements as it is can be difficult and costly to amend these details at a later stage.
To confirm your booking with America As You Like It a deposit is due, or if travelling within two months, full payment. In paying your deposit you are accepting the following conditions on behalf of all the people listed on your confirmation. These conditions form the basis of any contract between America As You Like It and yourself, which is subject to English law and the exclusive jurisdiction of the English Courts.
Once we have received your deposit payment, we will, subject to availability, confirm your arrangements by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (this does not apply to names on flight tickets as mentioned above). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
PAYING FOR YOUR HOLIDAY
In order to confirm your chosen arrangements, a deposit of 20% of the total holiday cost (or as otherwise advised), or full payment if booking within two months of departure (or as otherwise advised) must be paid at the time of booking. In order to secure particular flights or certain ground arrangements, we may require a higher deposit than normal (to include the full cost of the flight element or other arrangements) to be paid at the time of booking. If this is the case we will advise you of this before you confirm your booking.
The balance of the holiday cost must be received by us not less than 2 months prior to departure (or as otherwise advised). This date will be shown on the confirmation invoice.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid.
YOUR FINANCIAL PROTECTION
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those
Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
MAKING CHANGES TO YOUR HOLIDAY BOOKING
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. If we are notified up to 2 months prior to departure of any changes you wish to make we will endeavour to assist, however we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £50 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes for any reason, these charges are likely to be the full cost of the flight.
America As You Like It does not accept any liability for incorrect passenger information given to us by clients. Full names as on the passport must be advised to us at time of booking.
If you want to make any changes within 2 months of your departure date then these will be treated as a cancellation of the original booking and cancellation charges will apply.
CANCELLING YOUR HOLIDAY
If you or anyone on your holiday booking decides to cancel the holiday we must be immediately notified of the decision in writing. The cancellation will take effect from the day the written confirmation is received. The following scale of charges will be payable depending on when the notification is received. Please Note: for some holidays the cancellation charges may differ, for example where we have had to pay in full for any flights or other arrangements prior to your cancellation.
Prior to 70 days - deposit forfeited
70 - 42 - 40% of total holiday cost
41 - 28 - 60% of total holiday cost
27 – 8 - 90% of total holiday cost
7 – day of departure - 100% of total holiday cost
WE STRONGLY RECOMMEND THAT YOU TAKE OUT FULL INSURANCE
We consider adequate travel insurance to be essential. America As You Like It can provide you with details of our recommended insurance provider. Insurance premiums must be paid as soon as possible as cover will not be effective until all applicable premiums are received in full. In the event of cancellation, the premium is not refundable.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
TRANSFERRING OF BOOKINGS
If you are unable to travel, in certain circumstances which we consider reasonable, we may allow you to transfer your booking to another party. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as
a result, together with an amendment fee (£50 outside of 2 months prior to departure and £100 within 2 months of departure) must be paid, before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
IF YOU HAVE A COMPLAINT
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform the supplier of the service(s) in question. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be resolved quickly and in resort. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
Our Commitment To You
PROVIDING YOUR HOLIDAY
Your contract is with America As You Like It. We will arrange to provide you with the various services which form part of the holiday you book with us, and that are listed on your confirmation invoice.
BROCHURE AND WEBSITE ACCURACY
The information in our brochure and on our website is based on our own visits and/or on information supplied to us by our airlines and hotel/resort suppliers, and has been checked to ensure that it is accurate at the time of going to print. However because we do not own or control the airlines, hotels and ground operations, changes can and do occur from time to time, and may be made without any advance notification from our suppliers. Where we have been notified of a change we will advise you before we accept your booking or, if after, as soon as possible before departure. The availability of some facilities and amenities including restaurants, water sports and other activities may be affected by local conditions, such as inclement weather, public holidays or low occupancy.
THE COST OF YOUR HOLIDAY
We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase it in the following circumstances by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause: if transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes at airports or ports increase, or if Government taxes or levies increase, or our costs increase as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.
IF WE CHANGE YOUR HOLIDAY BEFORE YOUR DEPARTURE
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to, and correct errors, both before and after bookings have been confirmed. Whilst we always endeavour to avoid making any changes or cancellations, we must reserve the right to do so.
Most of these changes are minor. However, if we consider them a MAJOR CHANGE we will endeavour to advise you or your Travel Agent before you depart. We consider a MAJOR CHANGE to be one where there has been a significant change of resort, a change of accommodation to that of a lower category and/or price, a change of flight time of more than 12 hours, and a change of departure airport (except between London airports). In the case of your being advised of a MAJOR CHANGE before you depart we will provide you with 3 alternatives:
Accept the alternative offered, together with compensation that may apply on the scale shown below (Provided full payment has been received by us) as well as any refund owed due to the difference in cost of your holiday.
Purchase another available holiday from us at the brochure price. Again compensation on the scale shown below will also apply. (Provided full payment has been received by us).
Cancel your holiday, in which case a full refund of all monies paid will be made, though no compensation will be payable.
Compensation per person:
More than 42 days - Nil
41 – 29 days - £10
28 – 15 days - £20
14 - 0 days - £30
Compensation will not be payable, and no liability beyond offering the above mentioned choices can be accepted, where we are forced to make a change or cancel 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 and the above options will not be available, if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time), or if the change made is a minor one.
We cannot accept liability or pay compensation where "major" changes, cancellation or failure to perform any part of the contract is as a result of 'force majeure'. This refers to any circumstances that are beyond our or our suppliers control and which we could not, even with all due care, foresee or avoid. Such events include war, threat of war, terrorist activity, threat of terrorist activity, riot, civil disobedience or strife, natural or industrial disaster, fire, adverse weather conditions, flooding and all similar events outside of our control. Advice from the Foreign and Commonwealth office not to enter or remain in a particular country or region will generally be regarded as 'force majeure'.
IF WE CHANGE YOUR HOLIDAY ACCOMMODATION WHILST IN RESORT
We do not control the day to day management of your accommodation, and it is possible that we may be advised that the reserved accommodation is not available when you arrive at our resort. If this happens, we will endeavour to provide accommodation of at least the same standard in the same area. If accommodation of a lower standard is provided we will refund the difference of the price between the accommodation booked and that available.
IF WE CANCEL YOUR HOLIDAY
We reserve the right to cancel your holiday for any reason. However we will not cancel your holiday within 2 months of departure unless it is for a reason outside our control (see FORCE MAJUEURE). If we have to cancel your holiday we will offer you either:
An alternative holiday of comparable type, though if the alternative offered is at additional cost, the difference will be payable by you.
A full refund of all monies paid.
The above offers will not apply where the cancellation by us arises out of non-payment or late payment on any part of the cost of your holiday, or for alterations requested by you within 2 months of departure, when cancellation charges will apply.
OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS
America As You Like It is fully bonded with the Civil Aviation Authority and has an ATOL Licence No. 2966.
America As You Like It has no control over decisions taken by air carriers and airports resulting in delays, diversions or rescheduling and is therefore unable to accept responsibility for them. It is important to note that travel with a particular carrier will be subject to the conditions of carriage of that carrier.
America As You Like It or any person or company assisting or collaborating with it, will not be liable for death, personal injury or illness unless resulting from the negligence of America As You Like It.
A full 10 Year machine readable British Passport is required. For non-British passport holders and for British Passports endorsed in any way, requirements should be checked with the relevant embassy. We recommend you ensure that you have 6 months validity (after return) on your passport. It is your responsibility to ensure that you have the correct passport and visas to gain access to the countries included in the travel arrangements purchased from us, and have complied with any advance security requirements. If you fail to do so, we have not liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements.
Visitors to the USA must ensure that they have completed the online Visa Waiver form (ESTA) before travel at https://esta.cbp.dhs.gov/. The current charge for an ESTA is $14, and can be paid for on-line with a Visa, Mastercard or American Express card. The Department of Homeland Security recommends that travel authorisation applications be submitted at least 72 hours prior to travel.
For more information visit www.usembassy.org.uk or call 09042 450100 (Calls cost £1.20 per minute).
You should ensure that you are aware of any specific requirement relating to health in the countries that you are visiting. We recommend that you check the Foreign and Commonwealth Office website www.gov.uk/knowbeforeyougo for advice on travelling abroad.
Some hotels, self-catering properties, car rental or RV rental companies will require you supply a security deposit or equivalent financial guarantee upon check-in. The simplest method of providing this is via any major credit card (not debit card) such as Visa, Mastercard or American Express.
AIRLINE SEAT REQUESTS AND OTHER SPECIAL REQUIREMENTS
We will endeavour to assist with any seat requests you have for your flights, however we are unable to confirm or guarantee specific seats. In the case of certain airlines advance seat selection is only available for a few, prior to check-in, and as such the fee will be payable by the passenger if this service is required.
The allocation of specific seats or confirmation of special requests does not form part of any contractual obligations and as such the failure to receive these requests is not considered sufficient grounds for amendment or cancellation of your holiday by you.
Temporary or permanent loss of baggage is the responsibility of the passengers or the carrier unless the loss occurs through negligence of America As You Like It. MORE HOLIDAYS OFF THE BEATEN TRACK
© America As You Like It 2013