Just France 2007 - Booking Conditions   

 
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and other information contained on this website. No employee or representative of this Company has the authority to vary these terms and conditions This contract is made on the terms of these booking conditions and other information contained within the brochure, which are governed by English Law and the jurisdiction of the United Kingdom Courts.

A. Booking and payments
We are Hotelplan Limited trading as Just France and our registered office is 10/18 Putney Hill, London SW15 6AX.
The air holidays and flights on this website are ATOL protected, since we are licensed by the Civil Aviation Authority (CAA), ATOL 0025. All other holidays on the website are bonded with the Federation of Tour Operators (FTO) or ABTA. In the event of our insolvency, the CAA, FTO or ABTA would ensure you were not stranded abroad and would arrange to refund you any money you have paid to us for an advance booking.
Once you have selected a holiday we will normally hold it as an "option" until close of business on the following working day, when it will be automatically cancelled unless you confirm the registration with us.
A deposit of £75 per person (plus any insurance premium if required) is payable at the time of booking. At that time the booking is confirmed and a contract exists between us and all conditions become binding to us both. We will send you an invoice showing details of the holiday. The person making the booking guarantees payment to us of the total cost of the holiday booked, and also does so on behalf and with the consent of all others for whom the booking is completed.
The balance of the holiday cost must be paid no later than 10 weeks before departure. If the deposit or balance is not received by the due date we reserve the right to cancel the booking and your deposit plus insurance will be forfeited. We do not usually send reminders of monies owing. Bookings made from overseas incur a charge of £30 per booking to cover extra costs involved.

Payment by credit card
A charge of 1.5% will be made for each credit card transaction.

Price Policy
We reserve the right to increase or decrease brochure prices at any time before you book and to publish further brochure editions. We will be able to tell you the up-to-date price of your chosen holiday and of any other services advertised in this brochure before confirming your booking.
This First edition is published in November 2006. However, prices are based on currency exchange rates quoted in the Financial Times World Currencies Table on 6th March 2006 and known costs on that date. After booking the price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contracts between airlines (and their agents) and the tour operator. Also Government (UK & foreign) action such as changes in VAT or any other Government imposed changes. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in the Significant Changes paragraph (section C below), to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

B. Changes or Cancellations by you
Requests to change your booking after confirmation (e.g. transferring to a different accommodation, departure date or airport/port) may be made in writing or by telephone, but we are not bound to comply with such requests. If additional people are added to your booking they are added on the understanding that they have also accepted these booking conditions. Where we can meet a request for a change to your holiday we will issue a revised holiday details/invoice to confirm this.

Cost of changes
To avoid incurring booking service charges at a later date, please remember to book all additional items when you first confirm your holiday. Subsequent amendments or alterations will incur the following charges:

  • Addition or amendment of special requests which you would like passed on to the airline or accommodation - £5 (not possible within 10 days of departure)
  • Name changes. No charge will be made for name changes notified to us within 2 weeks of the first confirmation. Thereafter, a charge of £15 (£25 if tickets have been issued) will be made for each name change. Different conditions may apply for holidays utilising scheduled flights – please contact our Administration Dept. for details.
  • Other amendments will have a service charge of £15 per person (max £45)
    Please note that all changes requested within 8 weeks of departure will attract cancellation charges (see cost of cancellations below).

The only exception is where the change is to substitute a party member where that person is prevented from taking their holiday. In this situation, that person may transfer their booking to someone else provided we are notified not less than 7 days prior to the scheduled departure date.
An amendment fee of £25 per person (max £100) will be charged as well as any scheduled airline costs imposed.
Should the number of persons travelling change, the price will be recalculated on the basis of the new party size.
Any increase in price per person payable as a result of a part cancellation (e.g. an under occupancy charge in an apartment, a sole occupancy charge or change in a group reduction) will be indicated on the revised invoice.

Cost of Cancellations
Should you or any member of your party need to cancel your booking, or part of it, once it has been confirmed you must do so in writing and the charges you incur, which are set out below, depend on when we receive your written notification. Any amendment fees or insurance premiums cannot be refunded and are payable in full. Full cancellations: i.e Cancellation by all passengers travelling.

Period before scheduled departure date within which notification is received by us:    Charge as % of
total holiday cost
More than 56 days
43 - 56 days
29 - 42 days
15 - 28 days
1 - 14 days
24 hours or less
  Deposit and insurance
30% or deposit if greater
60% or deposit if greater
80% or deposit if greater
90%
100%

Part cancellations: i.e When not all passengers are cancelling from a booking. Any members of a party cancelling from a booking will forfeit their deposit and (if applicable) their insurance premium. However, as our prices are based on the rental of a complete property, the holiday cost will not alter except where the number of passengers travelling in a car affects the ferry cost, in which case the refund cost will be shown in the invoice.
Note: You may make a claim against our insurers if your cancellation falls within the terms of the policy offered by us and you have taken out that insurance cover.

C. Changes or Cancellations by Just France
It is unlikely that changes will have to be made to your holiday but, because arrangements are planned many months in advance, we reserve the right to make changes to the website and holiday details both before and after you have booked your holiday. We will inform you of such changes as soon as possible.

Significant changes by Just France
Where a significant change to an essential term of the contract becomes necessary, we will inform you as soon as is reasonably possible if there is time before your departure. A significant change is one that we make to your holiday arrangements before departure that involves changing your UK ferry port or departure airport (except as between Gatwick/Heathrow/Luton/ Stansted/London City), your holiday region for the duration or a major part of your stay, your booked accommodation to that of a lower standard for the duration or a major part of your stay, the closure of the only or all advertised swimming pools at your accommodation, your departure date or departure time by more than 12 hours (except in the case of curtailment as dealt with in the section on Force Majeure). These are only illustrations of significant changes and there may be other changes which constitute significant changes. To enable us to determine whether other changes constitute a significant change, you must advise us in writing at the time of booking of any particular facilities which are fundamental to your holiday.

You will have the choice of either
a) accepting the changed arrangements as notified to you (and receiving a refund in respect of a lesser price)
or b) purchasing another holiday from us and paying or receiving a refund in respect of any price difference or c) cancelling your holiday and receiving a full refund of all monies paid. In the event of a significant change, we will, in addition, pay your party compensation as follows, (except where the change is made as a result of those circumstances listed under Force Majeure):

Compensation per booking
More than 56 days before departure
43 to 56 days before departure
29 to 42 days before departure
22 to 28 days before departure
0 to 21 days before departure
Nil
£25
£40
£80
£100

No compensation is payable in the case of minor changes.

Force majeure
Compensation payments do not apply to changes, cancellations or curtailment caused by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, closure or congestion of airports or ports, cancellation or changes of schedules by scheduled airlines and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of our contract with you is prevented or affected as a result of such circumstances beyond our control.

Cancellation by Just France
We reserve the right in any circumstances to cancel your holiday and all holidays we operate are subject to a minimum number. In no case will we cancel your holiday less than 10 weeks before your departure date except for reasons of force majeure or failure by you to pay the final balance. Where we are unable to provide the holiday booked, we will return to you all monies paid, or offer an alternative holiday of comparable standard and (if the cancellation occurs within 10 weeks of departure) compensation shown in the table in this section of these conditions.

Behaviour
We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our reasonable opinion, or that of any accommodation owner or manager, airline pilot or other person in authority, to cause distress, danger, damage, or annoyance to other customers, employees, property or to any third party. If any person or persons are prevented from travelling because in the opinion of any person in authority they appear unfit to travel or likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the person’s or persons’ holiday will then cease. In all cases full cancellation charges apply and we will be under no obligation whatsoever for any cost incurred.

iOur liability
(1) We promise to make sure that all parts of the holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what our employees, agents and suppliers do or do not do. We will not, however, be responsible for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim which results from any of the following:-
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
(c) an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see Force Majeure).
(d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
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 accommodation owner or any other supplier agrees to provide for you where the services or facilities are not advertised on this website and we have not agreed to arrange them.
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 regulations 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 complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. Further, so far as air, rail and sea carriers are concerned our liability in all cases is limited as if we were carriers within the appropriate international conventions. In all cases except where personal injury, illness or death results, our liability is limited in total to twice the holiday price of the person(s) affected.

Assistance
Should you suffer, through misadventure, illness, personal injury or death whilst on holiday as a result of an activity not part of the holiday arrangements made by us or not purchased locally through us we will offer you all reasonable assistance in pursuing any claim you intend making against the offending party. This includes advice and guidance and may include a contribution towards initial legal costs and expense which in our opinion are reasonable and appropriate in the circumstances. All assistance (monetary or otherwise) is provided subject to a maximum total cost to Just France of £5,000 per booking and assistance must be requested within 90 days of the date of misadventure. Furthermore you undertake to assign to ourselves any costs recovered in the event of a successful claim against the third party or there being an appropriate insurance policy in force.

IATA, CAA, ATOL Protection & Flight times
The responsibility of IATA Airlines in connection with the holidays advertised in this brochure on scheduled services, is limited to the carriage of passengers and their baggage in accordance with the conditions of carriage of the participating airline. All charter arrangements are subject to the granting of licences by the Civil Aviation Authority and Continental Authorities, and any conditions imposed by them. Inghams, and our airlines, plan flights up to a year in advance. All times are approximate until confirmed on your flight ticket 3 weeks before departure.

Flight Delays/Changes
Most flights operate on time but in the event of a delay we will do our best to arrange for the agents of the airline to provide, if practical in the circumstances and given the airport involved, refreshments appropriate to the time of day for delays over three hours; overnight accommodation for delays over 12 hours extended beyond midnight subject to local availability and operational suitability.
It may also be necessary before departure from the UK or overseas to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons.
Where such changes occur it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used in this brochure may be subject to change. Such a change is deemed to be a minor change- other examples of minor changes include alterations to your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004.
In accordance with EU regulations we are required to advise you of the actual carrier operating your flight/connecting transfer. We do this by listing the carriers to be used or likely to be used on the Fly/Drive page of this website.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check in or at the boarding gate. Such a change may be deemed to be a minor change.
In accordance with EU Directive (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘community list’ which contains details of air details of air carriers that are subject to an operating ban within the EU. The list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm

D. Complaints
Any complaints about your holiday property should be brought to the attention of the owner and/or local agent who will make every effort to achieve a satisfactory solution. Should this not be possible, assistance is available by contacting the Just France emergency telephone numbers. It is important formally to register your complaint at the time.
It would be beneficial to you in order to quicken the investigation process if you could put a brief resume of your complaint to the property owner/agent before your departure. You should then write to us within 28 days of your return, quoting your booking reference to: Customer Relations, Just France, 10-18 Putney Hill, London SW15 6AX. If you fail to follow these simple procedures we will have been deprived of the opportunity to investigate and rectify your complaint whilst you are on holiday and this may affect your rights under this charter. Subsequent correspondence must be followed up in writing within 6 weeks of your receiving a full reply from us. Investigation can take up to eight weeks. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may (if you so wish) be referred to arbitration under a special scheme arranged by the Association of British Travel Agents (ABTA) but administered independently by the Chartered Institute of Arbitrators.
The scheme (details on request from ABTA, 68-71 Newman Street, London W1T 3AH), provides for a simple and inexpensive method of Arbitration on documents alone, with restricted liability on you in respect of costs.
The scheme does not apply to claims greater than £5,000 per person or £25,000 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If you elect to use the scheme, written notice requesting arbitration must be made within 9 months after the scheduled date of return from holiday.

Privacy Statement
Privacy Policy
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 such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc.
The information may also be provided to security or credit checking companies and public authorities such as customs/immigration if required by them, or as required by law. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. We will confirm the details we hold about you on request.
Please note that where information is also held by your travel agent, this is subject to your agent’s own data protection policy.

Marketing
We do not share any information with third parties, but we would like to hold your information, where collected by us, for our own future marketing purposes (for example to inform you of promotional offers or to send you our brochures).
If you do not wish to receive such approaches in the future, please inform us as soon as possible.
Please note: Telephone calls may be monitored for training purposes.


Other important information
 
Medical Treatment - Reciprocal agreements exist in the EC enabling citizens of member countries to receive some free medical treatment on production of form E111. This is obtainable from your local main post office. We highly recommend taking out further medical insurance, as confirmed in the Personal Travel Insurance, outlined on the next page and not relying exclusively on these arrangements since they may not be very comprehensive.

Passports - A full EC or UK passport is now required for all persons travelling abroad.
The excursion document and a visitors passport are now no longer valid. It is no longer possible to include or add children to a British passport. All children (including babies) who are not already included on a valid 10 year passport will need to hold their own passport if they are to travel abroad.

Travel Advice
The Foreign & Commonwealth Office Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information at the FCO website www.fco.gov.uk/knowbeforeyougo

Amendments. Any changes to your booking will result in a £15 amendment charge to a maximum of £45. Amendments will only be accepted from the party leader.

Tickets. These will be sent after the full payment has been made, normally about 2-3 weeks before your departure.
We regret that we cannot send tickets to individual party members and all correspondence is sent to the party leader. In the event of very late bookings or lost tickets, replacements will be arranged “on departure”. This allows you to drive up to the check in desk at your departure port, quote your reference number and obtain your tickets without fuss.

Cancellations. These must be noti€ed to Just France in writing and will be processed on the day on which they are received. Please see our booking conditions above for a breakdown of cancellation charges. Failure to follow this procedure may prejudice any insurance claim.

Security
With the considerable security that being part of such a successful group as Hotelplan Ltd provides, you can book your Just France holiday in the certain knowledge that nothing will be left to chance and that your money is completely safe. We are licensed as Tour Operators by the CAA (ATOL No. 025) and are members of FTO and ABTA, so are fully bonded for the financial protection of all our holidays.

1st Edition – November 2006