Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We provide this security by way of an Air Transport Operators Licence ATOL (number 10239) administered by the Civil Aviation Authority.When you buy an ATOL protected air holiday package and/or flights from Escapa you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 10239.In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
All prices are correct as of 16/04/13 but may subsequently fluctuate. You will always be quoted the correct price at the time of booking. Prices quoted have been calculated using exchange rates provided by The Bank of England as of 16/04/13.
All holidays are subject to availability.
Impaired Mobility and Disabled Access
If any of your party has restricted mobility or is disabled please let us know at the time of enquiry so that we can recommend appropriate hotels (e.g. some hotels may only offer stairway access to certain areas), check particular facilities or make specific arrangements for you as appropriate.
Where, when and how you travel; how you conduct yourself during your period of travel; and under Terms and Conditions you travel, are matters of personal choice and judgement for you and each member of your party to decide. The consequences of your choices and decisions will be the sole responsibility of each of you, for which Escapa will have no liability to any of you. Therefore before you book your travel we recommend that you consider fully all the potential risks to person and property; seek whatever independent advice you deem appropriate about each country or area in which you are interested; and decide for yourself to what extent you will rely on such advice. It is your responsibility to decide where to seek reliable independent advice. However we suggest that, among the sources of advice you consult, you should include the travel information and advice services of the UK Foreign Office at www.fco.gov.uk or contact them by phone on 0845 850 2829.
You must be fully insured for your holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include emergency evacuation and repatriation costs in respect of all of your activities.
All of our holidays automatically include insurance against the financial failure of scheduled airlines where you would not otherwise be protected. Further details will be provided at the time of booking.
Refunds/ticket refunds: Except for cash payments, any refunds due (for whatever reason) will be refunded by the same method as the original payment; payment by cash will be refunded by cheque. Tickets returned will be presented to the respective airline or principal for a refund and will be sent to you within 14 day of receipt from any principal less their cancellation and/or administration charges plus a £30 administration charge made by Escapa. This process usually takes around 6 to 8 weeks but can take longer. Tickets returned more than one year from the date of issue may be classed as ’expired’ by the airline or principal and may have no refund value. Airline refunds for partly used tickets are always less than the pro-rata amount and in many cases may have no refund value whatsoever. Tax only refunds for non-refundable tickets will attract an Escapa administration charge of £30 per ticket.
Also called in these booking conditions the 'company' refers to Escapa, registration number 7172461, whose registered office is situated at Curzon House, 2nd floor, 24 High Street, Banstead, Surrey, SM7 2LJ.
This means the person making the booking and every person included in the party. When you make a booking you guarantee you have the authority to accept, and do on behalf of your party, the terms and conditions of these Booking Conditions.
Travel tickets/vouchers are issued subject to any carriers’ or operators’ or other applicable conditions and regulations. Copies are available on request.Escapa provides a range of travel services and makes arrangements with a variety of travel suppliers. For holidays and products featured, your contract may either be with Escapa or with another supplier of travel depending on the type of arrangements you book. Where your contract is with Escapa, we are the ’principal’ and the following booking conditions apply. Where Escapa acts as ’agent’ for another operator or supplier they are the ’principal’ and you will be entering into a contract directly with that operator/supplier. You will be advised at the time of booking if your contract is with another operator or supplier and your confirmation invoice will also show this information.
The Company reserves the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will perform our obligations to you in accordance with our terms.
Escapa as Principal
Your contract is with Escapa.
Your Holiday Contract
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. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We provide this security by way of an Air Transport Operators Licence ATOL (number 10239) administered by the Civil Aviation Authority.If you book arrangements other than a package holiday from Escapa, the financial protection referred to above does not apply.When you buy an ATOL protected air holiday package and/or flights from Escapa you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 10239.You will be issued with an ATOL certificate for your ATOL protected travel arrangements once those arrangements are confirmed and the deposit is paid.
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 maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
A 'package' is a pre arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation:(a) transport; (b) accommodation; (c ) other services not ancillary to transport or accommodation and a significant part of the booking. Where the arrangements which you make with us for your holiday do not amount to a 'package' (as defined above) we act as booking agent only.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
Your Holiday Price
We reserve the right to alter the prices of any of the holidays shown in our written or electronic literature. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.When you make your booking you must pay a deposit of £275 or 20% per person, whichever is greater.Please note that increasingly many airfares, rail tickets, hotel only and car hire only bookings may require full payment at the time of booking.The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. Any monies you pay to a travel agent are held by the agent on our behalf at all times.If an element of your holiday is priced in a foreign currency the exchange rate used to convert to GBP will be shown on your booking confirmation. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges.You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission.If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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.
Total Due (E&OE)
A booking confirmation is issued by Escapa on the basis Errors and Omissions are Excepted (E&OE). If there is an obvious error on the booking confirmation Escapa reserves the right to correct the error and will notify you within 7 days of issuing the booking confirmation and not later than 24 hours prior to departure. You will be entitled to a full refund if any of these changes are unacceptable
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 asked to pay an administration charge of at least £25 and any further cost we incur in making this alteration. 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. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5] 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 or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below, depending how many days in advance of the departure date we receive the cancellation instruction:
60 days or more minimum loss of deposit
59-43 days 40% minimum of total holiday cost
42-29 days 60% minimum of total holiday cost
28-7 days 90% minimum of total holiday cost
less than 7 days 100% of total holiday cost
Note: specific items sold as part of a package may have more restricted cancellation conditions; for example some flights are non-refundable from the date of full payment being made and some rail journeys are non-refundable if cancelled less than 30 days prior to departure. You will be advised at the time of booking.Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If We Change or Cancel Your Holiday
We will do our utmost to deliver the holiday which we are contracted to provide to you. As we put in place the arrangements necessary to enable us to offer our range of holidays many months in advance, we may occasionally have to make changes and reserve the right to do so at any time. (a) Packages Our obligation to you depends on whether the changes are considered ‘minor’ or ‘major’. A ‘major’ change is one which results in a significant alteration to the essential terms of the contract between us. ‘Major’ changes include: • price • your UK departure airport (unless this is between Heathrow and Gatwick or vice versa) • your city/resort/place of destination • your accommodation (except on tours/safaris) to a lower star grading. • your scheduled departure time from the UK or the duration of your holiday by more than 12 hours (excluding delays outside of our control following check-in).
A minor change is any other change which is not a major change. We will try to tell you as soon as reasonably possible prior to your due departure date about any minor changes, although we are not obliged to do so. We are not obliged to compensate you for any ‘minor’ changes made. Examples of minor changes include alteration of your outbound or return flights by less than 12 hours, changes to airline or aircraft type, change of accommodation to another of the same standard.
If we have to make a ‘major’ change we will notify you as soon as possible and you will have one of the following options: • to agree the changes and accept their impact (including any on price) • to transfer to another holiday offered by us (subject to availability) of equivalent or superior quality • to transfer to another holiday offered by us (subject to availability) of lower quality and receiving a refund for any difference in price • to cancel your holiday and receiving a refund of all monies paid by you to us (including all deposits and administration charges) However, we will not cancel your travel arrangements less than 8 weeks before your departure date, 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.If we have to make a ‘major’ change to or cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will additionally pay to you the following sum by way of compensation:
Days before departure 60+ 59-29 28-15 14-0
Amount per passenger £0 £25 £35 £45
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way 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.
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 two times 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 that 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; Escapa, Top Floor Suite, 67 Wingate Square, SW4 0AF.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 from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 www.auc.org.uk
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.
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. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
If You Have a Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Customer Services at Escapa, Top Floor Suite, 67 Wingate Square, London, SW4 0AF, giving your booking reference and all other relevant information. Please keep your letter concise and to the point, so we can quickly identify your concerns and speed up our response to you.It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and whilst in resort.If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
Escapa Acting as ‘Agent’
Your contract is with the operator/supplier.
Where Escapa acts as ’agent’ for another operator or supplier you will be entering into a contract directly with that supplier and this will be shown on the confirmation invoice issued by Escapa.
Agency Terms of Business
Contract: These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. tour operator/airline/cruise company/accommodation company) named on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s (s’) or supplier’s (s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements.The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the us Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us a cancellation or amendment charge of a minimum of £25 per person.
As the contract(s) for your travel arrangements are between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will assist you with this if you wish – contact Customer Services. If the matter cannot be resolved and it involves an ABTA Member then it can be referred to the arbitration scheme arranged by ABTA, see www.abta.com
Except for cash payments, any refunds due (for whatever reason) will be refunded by the same method as the original payment; payment by cash will be refunded by cheque. Tickets returned will be presented to the respective airline or principal for a refund and will be sent to you within 14 day of receipt from any principal less their cancellation and/or administration charges plus a £30 administration charge made by Escapa. This process usually takes around 6 to 8 weeks but can take longer. Tickets returned more than one year from the date of issue may be classed as ’expired’ by the airline or principal and may have no refund value. Airline refunds for partly used tickets are always less than the pro-rata amount and in many cases may have no refund value whatsoever. Tax only refunds for non-refundable tickets will attract an Escapa administration charge of £30 per ticket.
As booking agent we accept no responsibility for the acts or omissions of the principal or for the services provided by the principal.