is with Your Sporting Challenge Ltd.
These booking conditions apply to any booking which you
make with us, so you should read them carefully. They contain
some exclusions and limitations of liability.
1. Your Holiday
When you make a booking you guarantee that you have the
authority to accept on behalf of your party the terms and
conditions. A contract will exist as soon as we issue our
confirmation invoice, for internet bookings a contract will
exist as soon as the booking is confirmed over the web.
This contract is made on the terms of these booking conditions
which are governed by English Law and we both agree to submit
to the jurisdiction of the English Courts at all times.
2. Your Financial Protection.
We are a retail agent for Travel 5 Live Ltd, ATOL No. 6649
issued by the Civil Aviation Authority, which provides for
your protection in the event of our insolvency.
3. Your Holiday
When you make your booking you must pay a deposit as requested,
plus any insurance premiums. 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. All monies you pay to Your Sporting Challenge Ltd
are held by us on your behalf until we issue our confirmation
invoice. The person completing the booking (including on-line
bookings) accepts responsibility for payment for all of
the persons on the booking, and is responsible for informing
all party members of the relevant booking details.
The price of your
travel arrangements are only subject to surcharges for increases
in transportation costs where such increases are as a result
of Governmental action such as an increase in VAT or any
other Government imposed increases. Even in this case, we
will absorb an amount to 2% of the price of your travel
arrangements, which excludes insurance premiums and any
amendment charges. Only amounts in excess of this 2% will
Where you have to pay a surcharge there will be an administration
charge of £1.00 per person together with an amount
to cover agents’ commission. If this means that you
have to pay more than 10% of the price of your travel arrangements,
you may cancel your travel arrangements and receive full
refund of all monies paid, except for any premiums paid
to us for travel insurance and any amendment charges. 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.
4. If You Change
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 £30,
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.
5. If You Cancel
You, or a 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 up to the maximum
Period before brochure departure Amount of cancellation
charge incurred (% of total within which written notification
Flight Only/Holiday price excluding insurance premiums)
is received by Your Sporting Challenge including amounts
paid on children's holidays
56 days or more
29 to 55 days 50%
0 to 28 days 100%
If the reason for your cancellation is covered under the
terms of your insurance policy, you may be able to reclaim
6. If We Change
Or Cancel Your Holiday
It is unlikely that we will have to make changes to your
travel arrangements, but we do plan the arrangements many
months in advance. Occasionally, we may have to make changes
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 date. 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
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. If it is necessary to cancel
your travel arrangements, we will pay you compensation as
set out in this clause.
Please note that
carriers, such as Airlines, used in the brochure may be
subject to change. 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, or
changes of aircraft type.
If we make a major
change to your flight or holiday, we will inform you as
soon as reasonably possible if there is time before your
departure. You will have the choice of either accepting
the change of arrangements, accepting an offer of alternative
travel/accommodation arrangements from us if available or
cancelling and receiving a full refund of all monies paid.
In all cases, except where the major change arises due to
reasons of force majeure, we will pay compensation as detailed
scheduled departure date Amount of cancellation charge incurred
(% of total
within which a major change is notified Flight Only/Holiday
price excluding insurance
to you or your travel agent premiums) including amounts
paid on children's holidays
56 days or more Nil
55 days or less £10
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 war, riot, industrial dispute, terrorist
activity, natural or nuclear disaster, fire, adverse weather
conditions or other unforeseen circumstances that may amount
to force majeure.
7. If You Have
If you have a problem with your flight/holiday, please inform
Your Sporting Challenge Ltd immediately who will endeavour
to put things right. You can either telephone us on 0845
121 2018 or e-mail us at email@example.com.
If your complaint is not resolved locally, please follow
this up within 28 days of your return home by writing to
our Customer Services Department at Adamson House, Towers
Business Park, Wilmslow Road, Didsbury, Manchester, M20
2YY giving your booking reference and all other relevant
information. Please keep your letter concise and to the
point. This will assist us to quickly identify
your concerns and speed up our response to you. 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. We will respond to written complaints
within 28 days.
8. Special Requests
You must inform us at the time of making your booking of
any special requests which you may have so that we are able
to make arrangements, as far as reasonably possible, to
cater for them. However, we cannot guarantee that we will
be able to cater for all special requests. We may have to
make a charge to meet the cost of providing them. Please
note that such requests do not form part of our contractual
obligations and we have no liability to you if they are
9. What Happens
It is unlikely that you will have a complaint that cannot
be settled amicably between us. However, disputes to do
with this contract which cannot be settled amicably, may
(if you wish) be referred to Arbitration under a special
scheme which, is arranged by the Association of British
Travel Agents, but is administered quite independently by
the Chartered Institute of Arbitrators. The scheme 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 for any amount greater
than £1,500 per person or £7,500 per booking
form. Also it does not apply to claims which relate to physical
injury or illness.
If you choose
to proceed to Arbitration under this scheme, you must send
a written notice of your decision to ABTA within 9 months
after your scheduled date of return. Full details of the
scheme are available from the Association of British Travel
Agents at 68 - 71 Newman Street London W1P 4AH.
10. Our Liability
(i) We accept responsibility for ensuring that your travel
arrangements, which you book with us, are supplied as described
in the brochure. If any part of your travel arrangements
are not provided as promised, we will pay you appropriate
compensation if this has affected the enjoyment of your
travel arrangements. We accept responsibility for the acts
and/or omissions of our employees, agents and suppliers
except where they lead to death, injury or illness. Our
liability in all cases shall be limited to a maximum of
twice the cost of your travel arrangements excluding any
amendment charges or insurance premiums.
(ii) We accept
responsibility for death, injury or illness caused by the
negligent acts and/or omissions of our employees or agents,
our suppliers and sub-contractors, whilst acting within
the scope of, or in the course of their employment in the
provision of your travel arrangements. We will accordingly
pay to you such damages as might have been awarded in such
circumstances under English Law.
(iii) In respect
of travel by air, sea and rail, and the provision of accommodation
our liability will be limited in the manner provided by
the relevant international convention. You can ask for copies
of these international conventions from our offices at Adamson
House, Towers Business Park, Wilmslow Road, Didsbury, Manchester,
M20 2YY or 0845 121 2018.
(iv) We cannot
accept liability where the failure to perform the contract
or improper performance of the contract is due to: -
(a) acts and/or
omissions of yourself or any member of your party.
(b) The fault of someone else, not connected with the provision
services contracted for and is unforeseen or unavoidable.
(c) Any circumstances, unusual or unforeseeable, beyond
our control, which could not have been avoided even if all
due care had been excised.
(d) Any event, which we, or the supplier of any part of
the contract, even with all due care, could not foresee
11. Personal Injury
Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness
or injury whilst overseas arising out of an activity which
does not form part of your travel arrangements or an excursion
arranged through us, we shall at our discretion, offer advice,
guidance and assistance. Where legal action is contemplated
and you want assistance, you must obtain our written consent
prior to commencement of proceedings. Our consent will be
given subject to you undertaking to assign any costs, benefits
received under any relevant insurance policy to ourselves.
We limit the cost of our assistance to you or any member
of your party to £5,000.
The Contractual terms of the companies that provide the
transportation for your travel arrangements will apply to
this contract. These may contain terms, which affect your
rights to compensation. You may ask for copies of the relevant
conditions of carriage from our offices. This brochure 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.
13. Brochure Accuracy
We will provide facilities and services as advertised in
this brochure. If those facilities or services are withdrawn
or limited for any reason, we will try to advise you, and
where appropriate pay compensation. We cannot pay compensation
for events which are out of the control of Your Sporting
Challenge Ltd or its suppliers.
14. Travel Documentation
It is your responsibility to have valid travel documentation.
We will look to recover from you any fines imposed upon
your carrier or Your Sporting Challenge Ltd as a result
of your holding incorrect or improper documentation.
15. Checking Inbound
On some flights you can be asked to confirm your inbound
(return) flight details with the overseas office, telephone
number of which appears on your holiday itinerary, not more
than 48 hours and not less than 12 hour prior to the previously
notified flight time. Documentation included with your tickets
will advise if this requirement is necessary and we cannot
accept liability for any losses or expenses to passengers
who fail to comply with this condition.
The times quoted
on your flight tickets are local times. It is essential
for you to check in at least 2 hours before the flight departure
time. If the outbound journey is not used with the inbound
flight then the reservation is automatically cancelled.
Adequate travel insurance cover must be taken. Should you
wish to pre-book the specially negotiated Your Sporting
Challenge cover, please call for more details on 0845 121
17. Passport &
Please ensure that your passport and any necessary visas
are valid for your complete trip and that the name on your
passport matches the name on your ticket. Some countries
require passengers to have at least six months validity
remaining on a full 10-year passport. Visas may be required
for British Citizens for entry to non EU countries Visas
may also be required for longer stays over three months
in certain EU countries. For up to date on immigration and
visa requirements please contact the embassy, high commission
or consulate of your destination.
18. Health &
For medical advice regarding your journey, including vaccinations,
please contact your GP. The Department of Health leaflet
“Health Advice for Travellers” is available
from the Health Literature Line on freefone
0800 555 777. The Foreign and Commonwealth Office (FCO)
issues up to date information on safety issues for many
countries worldwide. For details, contact the FCO Travel
Advice Line on 020 7238 4503/4504 or
BBC Ceefax or www.fco.gov.co.uk