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1.Definitions and Interpretations

In these Booking Conditions "The Company" shall mean CV Travel (a division of Corfu Villas Limited who's registered office is Thames Wharf Studios,Rainville Road, London,W6 9HA)and where the context permits shall include its agents or employees. We are fully bonded members of ABTA (Association of British Travel Agents); have an Air Travel Organisers Licence (ATOL 337) issued by the Civil Aviation Authority which allows us legally to sell the holidays described in this brochure. All monies paid for holidays in this brochure are protected by our ATOL or ABTA bond. "The Client" shall mean the person in whose name the booking is made and shall include the person or persons on whose behalf the same is made; "Force Majeure" shall mean any event outside the Company's control which prevents the prompt performance of its obligations, including war or threat of war, riot, civil strife, industrial disputes, terrorist activity, natural disaster, fire or adverse weather conditions, or acts of God; The singular shall include the plural and vice versa and the masculine shall include the feminine where the context so requires.


2. Booking and Deposit

No contract is made between the Company and the Client and no booking is valid (and accordingly the Company shall have no obligations to the client) until the Company has issued a confirmation invoice. This confirmation invoice will be issued by the Company (if it accepts the client's booking) after it has received a completed and signed booking form, together with the appropriate deposit and correct insurance premium (if required). The deposit shall only be refundable in accordance with Booking Conditions No. 5 or 6. The Company has the right to refuse to accept any bookings at the Company's discretion, refunding any deposit received.


3. Terms of Payment

The full balance of the holiday price including any charges made by any supplementary invoice) must be paid by the due date shown on the initial confirmation/invoice(either 8 weeks prior to date of departure or by return within this period). The Company shall have the right to send the Client a supplementary invoice to cover any of the subsequent charges which Booking Condition No. 4 allows the Company to pass on to the Client rather than absorb them. These charges would become part of the holiday price and would be payable by return. The Company reserves the right to treat the booking as cancelled if any part of the balance of the holiday price remains unpaid by the due date. If cancelled, the cancellation terms as per Booking Condition No. 8 will apply. If the reservation has been made through a travel agent all monies paid to travel agents for holidays are held by the travel agent on behalf of the Company at all times.


4. Prices

We reserve the right to increase or decrease our prices at any time prior to booking. The charges which make up the total holiday price stated in this brochure and specified in our confirmation invoice are calculated on the basis of costs to the Company and rates of exchange as known on 14 September 2006 and as published by Citibank on 14 September 2006(e.g. Euro 1.449 US Dollar 1.8388). Our prices consist of a mixture of currencies and do not necessarily relate to the country of destination. Your holiday price may increase because of surcharges on the following items: governmental action, currency, aircraft fuel, overflying charges, airport charges and increases in scheduled airfares. Even in this case, the Company will absorb an amount equivalent to 2% of the holiday price excluding insurance premiums and any alteration charges under Booking Condition No.7 (a). Only amounts in excess of this 2% will be surcharged by the Company to the Client plus an administration charge of £1 per person together with an amount to cover agents commission. If this means the Client paying the Company more than 10% on the holiday price, the Client will be entitled to cancel the holiday with a full refund of all monies paid, except for any premium paid to us for holiday insurance and alteration charges. Should the Client decide to cancel because of this, the Client must exercise his right to do so within 14 days from the issue date printed on the surcharge invoice. Should there be a favourable currency fluctuation, the Company reserves the right to leave prices unaltered.


5. Alterations by the Company

i) The arrangements featured in this brochure are planned many months in advance and amendments do      occasionally become inevitable. In the majority of cases such changes would be considered by the Company to be minor, in which case the Company shall have absolute discretion as to whether the Client is or is not notified.

ii) If a change the Company considers major becomes necessary, the Company will inform the Client or his travel agent as soon as is reasonably possible if there is time before departure. A major change to the holiday arrangements might involve a change ofUKdeparture airport, resort area, outward or return time of departure by more than 12 hours, or offering accommodation of a lower standard than that booked.

If we alter a client’s booking in any way which amounts to a major change as defined above, or if we cancel the original booking within 56 days of departure, the Client has the choice of:
a) Accepting the changed arrangements as notified;
b) Purchasing another available holiday from the Company at the current selling price;
c) Cancelling the holiday.

If the Client accepts alternative (a) or (b) above, the Company will pay compensation on the scale shown below. If the Client accepts alternative (c) above, the Company will refund all the monies paid and in addition will pay compensation on the scale shown below.

Period before scheduled departure within which a major change is notified.

More than 56 days – Nil compensation per passenger (excluding infants)
29 - 56 days - £ 10 compensation per passenger (excluding infants)
14 - 28 days - £ 20 compensation per passenger (excluding infants)
 
0 - 13 days - £ 30 compensation per passenger (excluding infants)

The above sets out the maximum extent of our liability under this clause.
Important Note: Compensation will not be payable if we are forced to cancel, and in any way change your holiday due to circumstances which can be described as "Force Majeure". For the avoidance of doubt, flight delays are not considered to be alterations by the Company. Provided the Company complies with the terms of this Booking Condition, the Company will not be liable for any breach of contract or claim that may arise as a result of any inconvenience suffered.


6. Cancellation by the Company

The Company shall have the right to cancel a Client's holiday but only in the following circumstances and on the following terms:

a) At any time owing to Force Majeure, in which case the Company shall offer if available, either alternative holiday arrangements of a similar standard (from this brochure) or refund all monies paid by the Client in respect of the arrangements showing on the Company's confirmation invoice within 14 days.

b) At the due date if the Client has failed to pay the full balance of the holiday price in accordance with Booking Condition No. 3, in which case cancellation charges as per Booking Condition No. 8 will apply.

c) At any time, should the Company so decide, in which case the Company shall make the offer or refund as mentioned in paragraph (a) above, but should this be within 8 weeks before the date of departure, compensation will be paid in accordance with the scale shown in Booking Condition No. 5. Provided that the Company complies with this Booking Condition, the Company will not be liable for any breach of contract or claim that may arise as a result of inconvenience suffered.


7. Alterations by the Client

a) Once your booking has been confirmed any changes to accommodation, flights, dates or names of the party requested by the client will incur a £30 amendment fee per person in respect of each change to cover costs incurred. Changes cannot be made within 42 days of departure and any such request will be subject to the cancellation charges set out in Clause 8.

b) If a Client chooses to change their booking by transferring it to another person, the Company will arrange for such a transfer, provided that:

i) The reason for the transfer of the booking is that the Client is prevented from travelling. In any of these events the client will need to provide documentary proof (such as a doctor's certificate) of the reason before the company will authorise a transfer and:

ii) The Client or the transferee, pays any balance due before the transfer is authorised by us and;

iii) The transferee meets all conditions of the holiday originally booked;

iv) The request for a transfer is sent to us in writing 28 days before departure together with full details of the transferee, documentary proof (as outlined in (i) above) and payment of a fee of £50 per person to cover our administrative costs plus any charges which our suppliers impose by virtue of the transfer, particularly where any supplier regards the transfer as a cancellation and new booking. For example, air carriers do not allow transfer of an airticket without payment of cancellation charges and the cost of a replacement ticket.

c) If a Client chooses to modify the arrangements after commencement of the holiday i.e. change accommodation or the duration of the stay, they will be deemed to be breaking their contract with the Company.
The Company cannot therefore accept liability for any loss, damage or additional expenses and no refunds for unutilised services or arrangements will be made.


8. Cancellation by the Client

All cancellations by the Client must be in writing from the person who signed the booking form, either by recorded delivery or facsimile. Cancellation applies only from the date of receipt by the Company of cancellation notification. If the cancellation notification is received 43 days or more before the departure date, only the holiday deposit and insurance premium is forfeit.(Plus any costs incurred by us for non-refundable or non changeable travel reservations). Within this period the following percentage of the total holiday price will be payable as a cancellation charge by the Client:

Between 42 - 28 days before departure 60%
Between 27 - 15 days before departure 80%
Between 14 and the departure date or later 100%

The above cancellation charges represent the best possible estimate by the Company of the likely losses as a result of your cancellation. They shall also apply to holidays which are foreshortened after they have been booked. In the event of a cancellation charge arising under this clause the amount due must be paid by the Client to the Company within 7 days of the charge arising, not withstanding the fact that the Client's holiday insurance policy may cover the cancellation charge. It is the Client's responsibility to claim any insurance monies due as the Company cannot claim on behalf of the Client. If a client wishes to change or part cancel accommodation, flights, dates or names of the party, we will endeavour to secure such a change and the client will pay all costs incurred by us. It should be noted that most scheduled air tickets and bought-in charter flights are non-transferable and name changes are not permitted. The Company reserves the right to treat name changes on such tickets as cancellations.


9. Abandonment of your holiday

If you choose, in the course of your holiday, to abandon the arrangements made by us on your behalf and instead to make your own arrangements, unless the Company is at fault and has been afforded the opportunity to rectify the situation (see 14b), the Company accepts no liability and no refunds will be made for the services you choose not to take.


10. Liability of the Company

a) The Company accepts responsibility for ensuring the holiday which the Client books with us is supplied as described in this brochure and the services offered reach a reasonable standard. If any part is not provided as contracted, we will pay the client the appropriate compensation if this has affected the enjoyment of the holiday, unless there has been no fault on our part or that of our suppliers. We do not accept liability for any disappointment which the client may feel as a result of unrealistic expectations. We do limit the level of our liability to a refund of twice the cost of the holiday. The limit does not apply to injury, illness or death.

b) The Company is only liable for death, bodily injury or illness arising as a direct result of the negligent acts or omissions of its employees, agents or servants, subcontractors and suppliers acting in the course of their employment and on the Company's business.

c) Any claims made pursuant to (a) and (b) above, must be notified to the Company within three months of return from holiday and shall be subject to English law. The Client must assign to the Company all rights against any party to the claim and must give the Company and its insurers full assistance in claiming against such party.

d) If any Client suffers death, illness or injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through the Company, the Company shall, at our discretion offer advice, guidance and assistance to help the Client in resolving any claim they may have against a third party, provided the Company is advised of the incident within 90 days of the occurrence. Where legal action is contemplated the Company's authority must be obtained prior to commencement of proceedings and be subject to the Client undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to the Company. The Company's costs in respect of the above on behalf of the Client and his party shall not exceed £5000 in total.

e) In respect of carriage by air, sea and rail and the provision of accommodation, our liability in all cases will be limited in accordance with the relevant carrier's conditions of carriage and in the manner provided by the relevant international conventions, copies of the relevant conditions of carriage and international conventions are available from our offices upon request.

f) The company shall not be liable for any noise, nuisance of disturbance arising outside the property rented under this contract caused by third parties beyond the control of the company. The company shall, however, make every effort to minimise such noise, nuisance or disturbance and forewarn the client if the company has knowledge of this.


11. Insurance

The Company reserves the right to refuse to accept bookings from clients who are not adequately insured against holiday risks. The standard holiday insurance organised by the Company is strongly recommended. Clients not taking this insurance must provide evidence of adequate alternative insurance at the time of booking.


12. Airlines

a) The airlines which are likely to be used on the holidays in this brochure are shown in the Flight Information section under the relevant destination. The timings and aircraft type maybe subject to change by the airlines concerned. Details will be reconfirmed on your final documentation.
b) Delays. Individual airline policies will apply.


13. Photographs

These are intended to give an overall impression rather than details of a specific resort or villa. The Company is not liable for any items of furniture or chattels, which appear in the photographs, which may have been changed or removed from the villa and any aspects of the villa environment which may have changed since the photographs were taken.


14. Dispute

a) Disputes arising out of, or in connection with, this contract which cannot be amicably settled, may be referred to arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The Scheme (details on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the Client in respect of costs. Alternatively, AITO's Independent Dispute Settlement Service (again, details on request) may be called upon by either side to bring the matter to a speedy and amicable solution. Whichever option you choose, neither scheme applies to claims for an amount greater than £5,000 per person/£25,000 per booking form, nor to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness.

b) Any dispute or complaint which Clients may have concerning their holiday arrangements, must be reported by the client by telephone, followed in writing to CV Travel's local representative, local agent or where neither are available to CV Travel in England (on the 24 hour contact numbers provided on your itinerary and other documents) either immediately if urgent, or within 48 hours of the complaint or dissatisfaction arising. If a client fails to follow this procedure we will have been deprived of the opportunity to investigate and rectify any complaint whilst clients were in resort and this will affect a client’s rights under this contract. Any complaint which cannot be satisfactorily resolved in the resort must be reported in writing to the Company’sLondonoffice within 28 days of the Client’s return from holiday. Upon receipt of a client’s letter, we will acknowledge it, investigate the points raised, and reply within 28 days, If this is not possible, we will send an interim letter, advising of our progress.

c) This contract shall be governed in all respects by the laws ofEnglandand both parties shall submit to the jurisdiction of English courts at all times (save by Arbitration).

d) We reserve the right in our absolute discretion to terminate or curtail your holiday if your behaviour is likely, in our opinion or that of our suppliers to cause distress, damage, annoyance and danger to our employees or to any third party, or their property. If you are prevented from travelling or have to return home early for this reason, we will have no further responsibility for your holiday, including any arrangements for your return home. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs which you may incur as a result of having to make alternative arrangements.


15 General

The facilities, local prices and amenities mentioned in this brochure are shown in good faith as generally being available at the time of publication and for the duration of the programme 1 January 2006 - 31 December 2006. Should local prices vary, or facilities not be available at certain times as a result of weather conditions, lack of support, etc., the Company cannot accept responsibility.


16 Conditions of Carriage

The contractual terms of the companies that provide the transportation for clients travel arrangements will apply to this contract. These may contain terms which affect clients’ rights to compensation. Copies of the relevant conditions of carriage may be obtained from our offices.




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