Terms and Conditions



Package Holiday Booking Conditions

 

Your contract is with David Urquhart Sky Travel, a Member of ABTA and fully bonded with the Civil Aviation Authority (ATOL holder).

 

  1. Your holiday contract
  2. 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. Once you have paid us the initial deposit, the contract comes into existence and we will send you a confirmation invoice. Your holiday balance must be paid by the date specified on your confirmation invoice. Please note if we do not receive payment by the date specified, then we reserve the right to treat your booking as cancelled by you and cancellation charges, as detailed in section 5 below, will be applied. Full payment is required for all bookings made within 12 weeks of departure.

This contract is made on the terms of these booking conditions, which are governed by Scottish Law, and the jurisdiction of the Scottish Courts.

  1. Your financial protection
  2. All of our flight inclusive holidays are ATOL protected. Our ATOL number is 3701. Holiday costs include £2.50 per person ATOL Protection Contribution (APC) which is non-refundable. For further information, visit the ATOL website at www.atol.org.uk We 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 (at no extra cost to you). You agree to accept that, in those circumstances, the alternative ATOL holder will perform these 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 payment card issuer where applicable).
  3. When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA, or an insurance policy with Wrightsure Insurance Group.
  4. Your Holiday Price
  5. Prices printed in our brochures / marketing materials are fluid and for guidance only. Prices can vary, up or down, due to changes or variations in component costs. Your holiday price will be confirmed before you book and the holiday contract becomes valid.
  6. We make every effort to ensure our reservation system and website display accurate pricing. In the unlikely event of a substantial pricing error, then our position is that the contract has been entered into on the basis of a mistake. In that case, we will be entitled to cancel the contract and issue a refund of monies paid.
  7. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be required to pay any costs we incur in making this change. 

You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Flight Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100%.

  1. If You Cancel Your Holiday

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges shown below. Where the deposit amount is higher than the percentage shown in the table below, the higher amount will apply.

You can cancel your booking without paying cancellation charges if the performance of your package, or carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances (EG war, terrorism, extreme weather). We will observe advice provided by the UK Foreign & Commonwealth Office and upon that advice, we will arrange for your booking to be terminated and a full refund issued if appropriate.

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

 

Period before departure date                        Cancellation

within which written                                       charge

notification is received at our offices             per person

 

56 days +                                                         Deposit only

42-56 days                                                       45%

16-41 days                                                       75%

8-15 days                                                         90%

7 days or less                                                   100%

 

  1. If We Change or Cancel Your Holiday

It is unlikely that we will have to make any changes to your travel arrangements, but as the arrangements are often made many months in advance, it may occasionally be necessary  and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible opportunity.

We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements after the date at which final payment is due, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. 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 is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard, within the same resort.

If we make a major change to your holiday, we will inform you as soon as reasonably possible, if there is time to do so before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price

difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure (see below), we willpay compensation as detailed below:

 

Period of notification

of change before scheduled               Compensation

departure date                                    per person

 

More than 56 days                              Nil

56-14 days                                           £20

Less than 14 days                                £35

 

Force Majeure

We will not pay you compensation if we have to cancel or change your travel arrangements because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or

nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, or unavoidable technical problems with transport.

While we will continue to offer our professional services as a matter of course, our liability in the event of a post-departure Force Majeur occurrence, is limited to providing the services contracted (EG flight route, room nights, meal basis etc), plus a maximum of 3 additional nights accommodation*. Any further costs incurred must be borne by the traveller.

*This 3 night limit does not apply to travellers with reduced mobility and those accompanying them, pregnant women, unaccompanied minors, or passengers with specific medical needs, providing we have been advised of those needs at least 48 hours before departure from the UK.

  1. Insurance

It is a condition of the booking that adequate insurance cover is in place prior to departure. If you do not purchase travel insurance from David Urquhart Sky Travel, you must arrange alternative cover of at least comparable standard (we will not check it. This is the responsibility of the traveller).

  1. Prompt assistance in resort

If the contract we have with you is not performed, or is improperly performed, as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

  1. If You Have A Complaint

If you encounter a problem during your holiday, you should immediately inform the relevant supplier (IE your airline, accommodation, or transfer provider) to try and resolve the issue. If the problem persists, you should contact our resort representative (if applicable) or our UK offices. This provides us with the best opportunity to resolve the problem and minimise any detrimental effect it may have on your holiday, so is in the best interests of all parties.

If your issue has not been resolved locally and you wish to complain, you should do so in writing within 28 days of your return home, quoting your booking reference, which can be found on your documentation. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and quicken our response to you. Depending on the nature of the complaint, it may be necessary for us to request additional information from a third party (EG hotel, airline etc.). We will respond to your complaint within 28 days and attempt to agree an amicable solution as quickly as possible, in accordance with the ABTA Code of Conduct.

Failure to follow these simple procedures deprives us of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.

  1. Our Liability to You

If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to

(a) The contractual terms of the companies which provide the transportation for your travel arrangements. These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. 

You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices). Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted.

NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

  1. CUSTOMER BEHAVIOUR AND HEALTH

We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe:

  • your actions could upset, offend or disturb other customers, our suppliers or our own staff, or put them at risk or in danger, or could cause damage to property; or
  • you are unfit to travel, or deemed unfit to travel by a person in authority it may be necessary to end your holiday and terminate your contract. You and your travelling party will be prevented from using your booked accommodation, transport, and any other travel arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay. Alternatively at our discretion, you may be allowed to continue with your holiday but may have to comply with specific conditions.

If any member of the travelling party falls ill and believes responsibility for the illness lies with their holiday accommodation, it must immediately be reported to the relevant property in resort and where applicable, a medical certificate and other supporting documentation provided.

You should be extremely wary of anyone encouraging you to make an exaggerated or fraudulent claim (whether in resort or back home). If a claim is pursued and subsequently found to be dishonest, this is a criminal matter and will be dealt with as such.

  1. Passport, Visa and Immigration Requirements

Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

  1. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us.

  1. Brochures

David Urquhart Sky Travel brochures and other marketing materials, are

the sole responsibility of David Urquhart Sky Travel, as your tour operator.

Some David Urquhart Sky Travel property ratings may vary, higher or lower, from the official ratings awarded.

  1. Personal Data

It is necessary for us to share your reservation data with relevant third parties, such as hoteliers, airlines, insurers and ground-handling agents, to complete your booking. The data shared may include your name, contact details, the names and ages of any guests travelling with you, along with any preferences or special circumstances you told us about when you made your booking. If you contact us with a query about your booking we will communicate this to our suppliers. A full copy of our Privacy Policy can be found at https://www.duholidays.com/privacy-policy. Alternatively, a copy of this policy can be sent to you if requested. 

  1. Terms & Conditions of Carriage at Sea

Cruise holidays are subject to the cruise operator’s terms & conditions of carriage at sea. Full details are available on request.  

  1. ABTA

We are a Member of ABTA, membership number W0374. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs.  The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

  1. your rights

A link to your Key Rights under the Package Travel Regulations 2018 can be found at www.duholidays.com/terms-and-conditions or at www.legislation.gov.uk/ukdsi/2018/9780111168479/contents