Terms and Conditions
It is our sincere wish that you thoroughly enjoy your holiday so we would appreciate it if you would take the time to read the following pages which we hope you will find useful. These booking conditions, the Important Holiday Information and other information in our brochure applicable to your holiday form the basis of the contract between you and us. References to "you" and "your" means all persons named on a booking (including anyone who is added or substituted at a later date), or any of them as applicable and "we", "us" and "our" means Diamond Shortbreak Holidays Ltd, trading through its branch office at Sunclare Building, 21 Dreyer Street, Claremont, 7708, Cape Town, South Africa.
01. Our brochure & website
The information and prices shown may have changed by the time you come to book your holiday. While every effort is made to ensure the accuracy of the information and prices at the time of printing/publication, regrettably errors do occasionally occur. All timings are approximate. You will be notified of precise timings, pick-up routes, hotel name and order of excursions/ visits when you receive your tickets as they could occasionally be liable to change e.g. for weather and/or operational reasons. Please also see clause 10. The duration of your holiday includes the days of departure and return. Any illustrations do not necessarily depict your destination unless specifically stated.
02. Booking your holiday
The person who makes the booking ("party leader") confirms on behalf of all persons named on the booking that you understand and have accepted our Important Holiday Information and our Booking Conditions. We will communicate with the party leader or with your travel agent. The party leader is responsible for making all payments due to us and for passing on to all party members all information and documents sent to him/her. You may book over the telephone, through our website, by post or via one of our authorised travel agents. If you wish to make payment by cheque, we recommend you telephone us first to check the availability of your chosen holiday and to make a provisional reservation. We will hold this reservation for 48 hours (or such longer period as we may agree) to enable you to send us the applicable payment and your signed booking form. Alternatively, if you are able to pay by Visa, MasterCard or UK Maestro credit or debit card, you can book with us over the telephone or via our website. A handling fee applies to all payments made by credit card (including deposits) but no fee is applicable for payments by debit card. Once we or your travel agent have received all appropriate payments (see clause 3), we will, subject to availability, confirm your holiday by issuing a confirmation invoice or verbally confirming your holiday to you in the case of telephone bookings. Any acknowledgement of your booking generated by our computer system is not a confirmation of it. Confirmation is in the form of a confirmation invoice which we will issue as soon as your booking is successfully processed. Please check the confirmation invoice carefully as soon as you receive it. Contact us immediately if any information 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 (for which we are responsible) in any document within 14 days of our sending it out (5 days for tickets).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, unless the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
In order to confirm your chosen holiday, you must pay us a deposit and any applicable insurance premiums as set out on our booking form or website at the time of booking (or full payment if booking within 10 weeks of departure).The balance of the cost of your holiday must be paid no less than 10 weeks before departure. If you do not pay all sums due (including any surcharge - see clause 5) in full and on time we are entitled to assume that you wish to cancel your booking in which case you will be liable to pay cancellation charges according to the scale set out in clause 8.NO REMINDER WILL BE SENT. We reserve the right to increase or decrease our advertised prices at any time prior to your booking being confirmed. Any change will be advised to you at the time of booking (see clause 5). For cheque payments that cannot be cleared by our bank an additional charge of £5.00 per unpaid cheque will be added to your booking. Personal cheques cannot be accepted if booking/paying within 21 days of departure. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, all monies paid to such agents for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.
04. Your contract
A binding contract between us comes into existence when we post or e-mail your confirmation invoice to you or your travel agent (for postal, internet and travel agent bookings) or verbally confirm your booking where you book with us by telephone using a credit or debit card. This contract and all matters arising out of it are governed by English law and no other except as set out below. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday ("claim") must be dealt with under the ABTA scheme for the resolution of disputes (if the scheme is available for the claim in question - see clause 23) or by the courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).Your holiday contract is with Diamond Shortbreak Holidays Limited trading through its branch office at Sunclare Building, 21 Dreyer Street, Claremont, 7708, Cape Town, South Africa.
05. Our price
We reserve the right to raise or lower prices at any time before your holiday is confirmed. We will advise you of any difference and the applicable price at the time of booking. After booking we will only increase or decrease the price of your chosen arrangements in the following circumstances. Price increases or decreases after bookings have been confirmed will be passed on by way of surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports. Even in the above cases we will only levy a surcharge if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) and we will only pass on the amount of any increase which is in excess of this 2%. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 10. Although insurance (where purchased through us) does not form part of your contract with us or of any "package", we will consider an appropriate refund of any insurance premium you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where applicable. If you do not tell us within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is later. Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place. We promise not to levy a surcharge within 30 days of the start of your holiday. No refund will be payable if any decrease in our costs occurs during this period either. We may also offer to guarantee the price of your arrangements (“the guarantee”). Where we do so, the applicable terms and conditions of the guarantee will be shown on our website. Unless otherwise stated any guarantee applies only to the basic cost of your holiday arrangements and must be in respect of a booking sharing the same ship, cabin grade, transport, departure date and duration as yours. It excludes the cost of any arrangements you purchase in addition to the basic cost of the holiday such as, but not limited to, drinks and meal packages, overnight pre- and post holiday accommodation, excursions, and other pre-bookable additional arrangements and services. The guarantee does not apply to holiday arrangements bought or offered for sale through our group travel organisers, our Ambassadors’ Club loyalty programme and holiday vouchers. The guarantee does not affect our rights and obligations as set out above to levy a surcharge in respect of your chosen arrangements.
06. Special requests and medical conditions / disabilities / reduced mobility
If you have a special request, you must advise us or your travel agent at the time of booking and clearly note it on your booking form. Although we will try to pass any reasonable requests onto the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain our written confirmation that a special request will be complied with (where it is possible to give this) where the request is important to you. We regret we cannot accept any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests. If you have any medical condition or disability which may affect your booking (including one which may affect the booking process) or any mobility concerns, please tell us before you book so that we can advise as to the suitability of the holiday, discuss your requirements and/or assist you in making your booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in the condition, disability or your mobility occurs. You must also promptly advise us if any medical condition, disability or reduction in your mobility which may affect your holiday develops after your booking has been confirmed. Our tours can be physically demanding. We are entitled to terminate your holiday where, in the reasonable opinion of any person in authority (including office staff or your tour manager when you join your holiday), your physical condition means you appear to be unable, or likely to be unable, to cope with the tour or to experience significant difficulties in doing so. The river cruise holidays featured in this brochure are not suitable for children under the age of 12 years.
07. Changing your holiday
Should you wish to make any changes to your holiday after your confirmation invoice has been issued, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. We charge an amendment fee of £10 for each alteration, plus any charges incurred by us or incurred or levied by our suppliers. Any alteration by you after the balance due date which involves the cancellation of the original booking (such as a change to a different departure date or to a different holiday) will be subject to the cancellation charges below.
08. Cancelling your holiday
If you decide to cancel, we must be notified as soon as possible. Your cancellation will be effective when we receive it in writing or when we receive your express telephone instructions. In order to compensate us for our losses and expenses on cancellation, we charge a cancellation fee in accordance with the following scale. Percentages shown are of the total holiday cost excluding amendment charges and insurance premiums which are not refundable in the event of cancellation.
|Days notice prior||Cancellation charge|
|to departure date||% of holiday price|
|More than 70||Deposit|
|42 - 70||50%|
|22 - 41||75%|
|0 - 21||100%|
We strongly recommend that you take out comprehensive travel insurance which should in many cases include cover against the above charges (after deduction of any applicable excess), providing the reason for cancellation falls within the terms of the policy. Claims must be made to the insurance company direct. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. A partial cancellation may result in an increase in the price payable by remaining party members (such as where, for example only, a twin room is as a result only occupied by one person).
09. Transferring bookings
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified in writing not less than 14 days before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us or incurred or imposed by any of our suppliers as a result together with an amendment fee of £20 per person must be paid before the transfer can be made.
10. Changes to or cancellation of your holiday by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. However, we will not cancel your confirmed booking after your balance due date unless you are in breach of contract (such as failing to pay on time) or we have to do so for reasons outside our control. Most changes are minor. Occasionally, we have to make a "significant change", which is a change made before departure which, taking account of the information you give us at the time of booking, we can reasonably expect to have a major affect on your holiday. All changes which are not "significant" are treated as minor changes for the purposes of these booking conditions. Significant changes include the following changes when made before departure; a change of a main hotel to one of a lower quality than that advertised, a change of accommodation location to an area which adversely affects the operation of the itinerary, tour itinerary changes involving a confirmed major destination being left out and a change of UK airport from the one you were due to fly from or to, except where the change is between London airports (Heathrow, Gatwick, Stansted, London City or Luton) or where the new airport is within 50 miles of the original airport. We will tell you about any significant change or cancellation as soon as possible. If there is time to do so before departure we will offer you the choice of the following options:
1) Accepting the changed arrangements,
2) Purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard. If the holiday specifically offered is more expensive, we will provide you with a discount on the brochure price. If the holiday offered is cheaper, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean you’re paying more if it is more expensive or receiving a refund if it is cheaper or
3) Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. If we have to make a significant change or cancel we will where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) 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 or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached - we will notify you not less than 10 weeks prior to departure if this is the case. 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 where a change is a minor one. A change of: pick-up point to another within a 20 mile radius of your home address, Eurotunnel to ferry (or vice versa) for channel crossings, flight time of less than 12 hours, airline (except as specified in clause 19), type of aircraft (if advised) or destination airport will all be treated as minor changes. We reserve the right to vary itineraries where obliged to do so as a result of unusually high or low water levels. The amended itinerary will be as close to the original itinerary as we are able to offer in the circumstances. As the risk of such conditions is part of river cruising, the change(s) to the itinerary will not be treated as a significant change(s) unless they effectively result in a totally different itinerary to that offered at the time of booking.
|Period before departure a||Compensation payable|
|significant change or||(based on basic holiday cost|
|cancellation is notified to||excluding any supplements)|
|you or your travel agent|
|More than 70 days||Nil|
|15 - 70 days||3% of the basic holiday cost|
|0 - 14 days||6% of the basic holiday cost|
Very rarely, we may be forced by "force majeure" (see clause 11) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
11. Force majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in clause 18(2)) as a result of, "force majeure". In these booking conditions, "force majeure" means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events or circumstances are likely to include (whether actual or threatened), but are not limited to, war, riot, civil strife, terrorist activity, industrial dispute, technical problems with transport, closure, restriction or congestion of airports, ports, stations, other transport hubs or airspace, foreign office advice, natural or nuclear disaster, adverse weather conditions, epidemic, fire, flood and all similar events or circumstances outside our or the supplier’s control.
12. Coach travel arrangements
A minimum number of passengers are required for a pick-up point to operate. In the unlikely event that your chosen pick-up point does not achieve sufficient numbers you will be offered the nearest available pick-up point or you can join the tour at the ferry port. Coach seats are allocated prior to departure and take into account, as far as possible when your booking is made and any requests. There are a limited number of seats toward the front of the coach (usually the first three rows) that can be reserved for just £10 per person. Where we are unable to provide these seats, a refund of the supplement will be provided. Guaranteed seats cannot be reserved on feeder journeys or to/from a UK port. If your tour is cancelled for any reason and seat reservations are not available on your new tour you will be refunded the supplement. No other compensation will be payable and you won't be entitled to cancel. From time to time, it may be necessary to reduce the number of seats available at a supplement for operational reasons. Where already booked, any supplement will be refunded but no compensation will be payable. Occasionally our coaches travel through the night in order to arrive at the docks in time to fulfil the itinerary. Any timings given are for guidance purposes only and subject to change. Final timings and seat numbers will be advised with your travel documents approximately 7 to 10 days prior to departure. On occasion departure points may be included in addition to those listed in the brochure and taxis or minibuses may be used for part of the journey.
13. Luggage allowance
As space is limited we ask that you restrict luggage to one suitcase per person weighing a maximum of 18 kilograms, plus light, compact hand luggage.
Your coach will be modern comfortable and manned by experienced driver(s). Almost all coaches we use (particularly those on longer journeys) have a video/DVD player, toilet etc for your greater comfort. Coaches used on airport/port transfers, shorter weekend trips, etc, do not always have these extra facilities but will still be comfortable. Taxis or minibuses may be used for part of the journey. We do not allow alcohol or smoking on board our coaches.
15. Delays and denied boarding
In the event of a delay to the departure of your tour we will do our best to keep you informed. Should a delay exceed 4 hours at the beginning of the outward or return journey either the carrier or ourselves will endeavour to provide meals at mealtimes and, if appropriate overnight accommodation where reasonably possible. We will make every effort to ensure that your coach will be to the standard described in the brochure. However, we cannot accept any claims from passengers if a different standard of vehicle is used for a short term emergency replacement. In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, cruise, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing, cruise or international rail departure. Except as set out above or where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you should complain to the CAA on 020 7453 6888 or as shown on www.caa.co.uk - Referring your complaint to the CAA.
16. Safety standards
It is the requirements and standards of the country(ies) in which the services that make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Unless otherwise stated, our holiday prices are per person and based upon the shared occupancy of twin or double bedded rooms. Single rooms are in limited supply and are often smaller in size than twin/double bedded rooms. Where there is a supplementary charge for single rooms, details are given in the brochure. En suite facilities designate rooms with a private bathroom equipped with either bath or shower and WC. On holidays including half-board (dinner and breakfast) meal arrangements, dinners will normally be based on a set menu unless otherwise stated. Please note that hotel ratings used in the brochure refer to local classifications. Grading systems vary from country to country and cannot be compared on a like for like basis. As far as possible we will use the hotel stated in the brochure. Occasionally it may be necessary to use an alternative hotel of equal standard and you will be advised at the earliest opportunity. Any such change will not be a significant change. The term 'hotel' includes motels, inns and other equivalent establishments according to local classification.
18. Our responsibility
1) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following: - the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or 'force majeure' as defined in clause 11.
3) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your holiday arrangements and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. In addition, regardless of any wording used by us in our brochure, on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and applicable standards of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 18(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
5) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £30 per person affected (unless clause 18(6) below applies) as you are assumed to have taken out insurance at the time of booking. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 18(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
6) Where any claim or part of a claim (including those involving death or personal injury) arises from travel on any aircraft, ship or train (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim, the basis on which liability is assessed and the circumstances in which compensation will be payable) will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 and the Athens Convention (as amended by the 2002 protocol) for international travel by sea (and where applicable, national and international travel by inland waterway) and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any claims, losses or expenses which relate to any business (including any loss of earnings incurred by any client who is self employed).
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a "Community list" which contains details of airlines which are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative, the provisions of clause 10 will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
20. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions (see clause 18(6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
21. Suitability of the Tour & Behaviour
We reserve the right in our absolute discretion to terminate without prior notice the holiday arrangements of any customer whose behaviour is such that it causes or is likely to cause, in our reasonable opinion, or in the opinion of any tour manager or any other person in authority, distress, damage, danger or significant annoyance to any third party, or damage property. In these circumstances all our obligations to you under our contract or otherwise shall cease, full cancellation charges apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever.
We operate a strict no smoking policy on all coaches, taxis, ships etc, except where there is a designated area. This includes, but is not limited to, e-cigarettes, pipes and cigars.
23. If you have a complaint
If you have a problem during your holiday, you MUST report the matter to the driver or our representative and the supplier of the services in question IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report (form available from our driver or tour manager) and follow up your complaint in writing to our UK sales and marketing office Diamond Holidays, Anson House, Compass Point, Northampton Road, Market Harborough, Leicestershire, LE16 9HW within 28 days of your return, including a copy of the original report form. We regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause (this exclusion does not apply to any claim which involves death, personal injury or illness). Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
24. Data protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide about yourself and those in your party. This information may include travellers’ names, contact details, payment details and relevant health information etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We may pass relevant information to third party services providers, such as transport companies and hotels. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. This applies to any sensitive information you give us such as details of any disabilities or dietary requirements which may disclose your religious beliefs. If we cannot pass this information to the relevant suppliers, we cannot provide your holiday. In making your booking, you consent to this information being passed on to the relevant parties. Diamond Holidays may contact you by mail, email or telephone with information and offers on holidays and other services we provide. If you would like to see the information held by us about you or prefer not to receive information on our services, please write to our Data Controller at our UK sales and marketing office address, Diamond Holidays, Anson House, Compass Point, Northampton Road, Market Harborough, Leicestershire, LE16 9HW. We do not disclose or sell customer names and addresses to third parties for marketing activities.
25. Financial protection – holidays which do not include flights
We are a member of ABTA with membership number W0552. Where your holiday does not include flights booked with us, ABTA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking in the unlikely event that we cannot provide your holiday due to our insolvency. Please go to www.abta.com for a copy of the guide to ABTA's Scheme of Financial Protection.
26. Financial protection – holidays which include flights
We also hold an Air Travel Organiser's Licence, number 9357, granted by the Civil Aviation Authority. 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. *The flights and flight-inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
27. Passports, visas and health requirements
Passports are essential and should be valid for six months after the date of your return to the UK. Any visa requirements applicable at the time of printing to British citizens with a British passport will be shown together with your chosen itinerary. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 3 to 6 weeks to obtain. If you are 16 or over and haven't yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Details of any compulsory health requirements applicable to British citizens will be shown together with the relevant itinerary. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.travelhealthpro.org.uk. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk for access to health care in many European countries. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information. It is the party leader's responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
28. Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website which you are recommended to consult before booking and in good time before departure - www.gov.uk/foreign-travel-advice.
29. Price Guarantee
• The guarantee applies only to the basic cost of your holiday arrangements and must be in respect of a booking sharing the same ship, cabin grade, transport, departure date and duration as yours. It excludes the cost of any arrangements you purchase in addition to the basic cost of the holiday such as, but not limited to, drinks and meal packages, overnight pre- and post holiday accommodation, excursions, and other pre-bookable additional arrangements and services.
• The guarantee does not apply to holiday arrangements bought or offered for sale through our group travel organisers, our Ambassadors’ Club loyalty programme and holiday vouchers.
30. Newsletter Prize Draw
Anyone signing up to receive our e-newsletter between 28 September 2015 and 31 January 2016 online or offline will automatically be entered into our free prize draw
The prize will be £500 of holiday vouchers redeemable against any holiday across the Diamond
Holidays group booked by the prize winner
There will only be one winner
The competition will be drawn on 1 February 2016 and the winner notified within 5 working days of this date
The prize has no cash redemption value
The prize winner must travel on any holidays booked when using the prize credit
ll bookings are subject to our booking conditions
The prize draw is open to residents of the UK and Eire aged 18 or over, except for employees ofDiamond Shortbreak Holidays Ltd., their families, agencies or anyone else associated with the prize draw
Diamond Shortbreak Holidays Ltd. complies with the standard procedures laid down in the UK Data Protection Act to ensure that the personal information you give us is kept secure and processed fairly and lawfully. We will not share your information with third parties for marketing purposes.
By subscribing to the e-newsletter you agree that your details including your email address may be used to keep you informed about promotions, products and news from the Diamond Holidays group
Diamond Shortbreak Holidays Ltd. reserves the right to (i) cancel this promotion (ii) amend these terms and conditions (and will use reasonable endeavours to notify changes to entrants and potential entrants
Promoter: Diamond Shortbreak Holidays Ltd., 3546467 Anson House, Northampton Road, Market Harborough, Leicestershire, LE16 9HW
SAVE 10% with honorary Ambassador's Club Membership
Cannot be used in conjunction with any other offer or discount
Subject to availability
To redeem, quote the given voucher code at the time of making your booking via the telephone
This discount is not available online
A booking is classed as two or more people travelling together
Not available for group bookings
All reservations are subject to availability and our booking conditions available here