1.Your Holiday Contract 1
These booking conditions govern all bookings with Soft Cloud info@softcloudtech.com
whose registered office is at Soft Cloud Address. How the booking conditions apply to you vary depending on
whether you have booked a package or other travel arrangements.
A package is a combination of at least two of the following a) transport b) accommodation
c) another tourist service which forms a significant part of your booking, providing
those two or more components are sold to you at the same time at an inclusive price
with full payment being made to Soft Cloud. Anything else (e.g. air
tickets only, air tickets and accommodation booked at different times, cruises and
packages arranged by a third party tour operator where we act as their agents) constitutes
other travel arrangements.
If you book a package your contract is with Soft Cloud. A contract
arises between us once you have completed and signed our booking form or confirm
you have read and understood the booking conditions shown on our websites, or made
the appropriate payment to us and we have issued our confirmation invoice. If you
book other travel arrangements, Soft Cloud acts as a booking agent
and your contract is with the supplier(s) (e.g. the airline or hotel supplier or
cruise or tour operator) concerned. The booking conditions of that other company
will also apply to you. You will see that certain of the terms and conditions below
only apply if you have booked a package.
All contracts with Soft Cloud and all matters arising from them are
subject to English law and to the jurisdiction of the courts of England and Wales.
You may, however, choose the law and jurisdiction of Scotland or Northern Ireland
if you wish to do so.
The person who makes the booking, who must be aged 18 or over, accepts these conditions
on behalf of all members of the party and is responsible for all payment due from
the party.
2.Payments
At the time of booking you must pay a deposit, the amount of which varies from 100 Pounds
per person up to the total holiday cost, depending on the type of booking, and pay
any balance of the cost of the holiday no later than 8 weeks before departure. If
you book inside 8 weeks of departure full payment is required at time of booking.
If you do not make the required payments your booking will be cancelled. If you
have paid a deposit and fail to pay the balance on time you will lose your deposit.
Payment can be made by Switch/Delta Cards and all major Credit Cards. We levy a
charge of 2% of holiday cost when you use Mastercard, Visa or American Express and
a charge of 4% for Diner`s Club.
3.Your Travel Documents
Travel documents will be issued electronically once we have received full payment.
4.Alterations by you
If after booking you wish to change your travel arrangements, we will do our best
to meet your new requirements. You will need to confirm your instructions in writing
and pay an amendment fee of 35 Pounds per booking. Also you must pay any costs we incur
in making the amendment, including any charges that may be levied by suppliers (e.g.
airlines, hotels). Please note that some 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.Transferring your booking if you are prevented from travelling (packages only)
If you are prevented from travelling, you have the right to transfer your booking
to another person subject to both the original client(s) and the transferee(s) paying
all costs incurred by Soft Cloud in doing so. However the arrangements
must remain exactly the same. Soft Cloud will use its best endeavours
to facilitate the transfer and in cases where a transfer is made an additional administration
charge of 100 Pounds per person must be paid.
6.Cancellation by you
You may cancel your booking at any time providing that the cancellation is made
by the person making the booking and is communicated to us in writing. As we incur
costs when you cancel, we will retain your deposit and additional cancellation charges
may apply. If the reason for cancellation is covered under the terms of an insurance
policy you may be able to reclaim these charges. Packages Period before departure
within which notice of cancellation is received by us Cancellation charge. More
than 56 days Deposit only. Between 28 and 56 days 60% of total holiday cost or
full cost of deposit whichever is the higher. Between 27 and 7 days 90% of total
holiday cost. Less than seven days 100% of total holiday cost
Other travel arrangements
Most discounted airline tickets carry a 100% cancellation charge. Please check at
time of booking for the charges which apply to your ticket. Air tickets that do
have a refund value should be returned by you to Soft Cloud and we
will pass them to the airline. When Soft Cloud receives a refund
it will be paid to you. This usually takes 8-12 weeks but in some cases (e.g. lost
tickets) may take considerably longer. Please ensure that any tickets returned to
the company are sent by registered post.
7.Alterations by Soft Cloud
We reserve the right to change the description of any fly and/or ground service
before you book, in which case you will be told before a confirmation invoice is
issued.
Packages
All fares and other information displayed on our website are subject to availability.
Once a confirmation invoice has been issued the price shown on that invoice may
only vary as outlined below or if you amend your booking (see Clause 3). (a) Holiday
arrangements excluding packages: While every effort is made to avoid surcharges,
the right is reserved to pass on any cost increase levied by the suppliers. (b)
"Packages": Prices may only be changed to reflect government action, increase in
transportation costs (e.g. airfares and cost of fuel), changes in dues and taxes
(including VAT) or fees payable for services (e.g. landing taxes or embarkation/disembarkation
fees at ports and airports) or to reflect fluctuations in exchange rates. In all
cases the Company will absorb an amount equivalent to 2% of the invoice price (excluding
insurance premiums and amendment charges). Only amounts in excess of the 2% will
be passed to you.
Passport / Visas
It is unlikely that we will have to make any 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 or your travel agent of them at the earliest
possible date. If we make a major change to your holiday, we will inform you or
your travel agent as soon as reasonably possible if there is time before your departure.
You will have the choice of either accepting the amendment as notified, purchasing
another holiday from us with the price difference payable/refundable as appropriate,
or cancelling the arrangement(s) and receiving a full refund of all monies paid.
In addition, you will receive the compensation listed below, except in cases of
"force majeure". Period before departure within which notice of major change is
made to you Amount of compensation per person. More than 56 days Nil. Between
56 and 42 days 10 Pounds. Between 41 and 28 days 20 Pounds. Between
27 and 15 days 30 Pounds. Less than 15 days 40 Pounds
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 condition.
Other travel arrangements
Soft Cloud is obliged and will endeavour to notify all changes before
departure if it is possible to do so. ( Please see section 14 Flights.) No compensation
is payable by us in such cases. We will endeavour to find you a suitable alternative
if appropriate.
Cancellation by Soft Cloud Packages
We reserve the right to cancel your holiday in certain circumstances. For example,
if the minimum number of clients required for a particular holiday 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 have the choice of purchasing another arrangement from
us, if available, with the price difference payable/refundable as appropriate, or
of receiving a full refund of all monies paid to us (except insurance premium).
In addition, unless the cancellation has been caused by "force majeure" (defined
in Clause 7 above) compensation will be paid on the scale set out in Clause 7 above.
Other travel arrangements
In the unlikely event that a booking has to be cancelled, for any reason other than
non-payment by you, we will offer you alternative travel arrangements if these are
available. Or, you can have a full and prompt refund of all monies paid to Youngs
Travel Services less any insurance premiums and amendment fees. No compensation
is payable.
9.Pricing Policy
All of our travel arrangements and fares are subject to availability. Once a confirmation
invoice has been issued the price shown on that invoice may only vary as outlined
below or if you amend your booking (see Clauses 4 and 5).
Packages
The price of your travel arrangements can be varied due to changes in transportation
costs (e.g. airfares and cost of fuel), changes in dues and taxes (including VAT)
or fees payable for services (e.g. landing taxes or embarkation/disembarkation fees
at ports and airports) or to reflect fluctuations in exchange rates. In the case
of any small variation an amount equivalent to 2% of the invoice price (excluding
insurance premiums and amendment charges) will be absorbed or retained. For larger
variations this 2% will still be absorbed for increases but not retained from refunds.
In either case there will be an administration cost of 1.00 Pounds per person, together
with an amount to cover travel agents commission (if applicable). If this means
that you have to pay an increase of more than 10% of the invoice price you will
be entitled to cancel the booking and receive a full refund of all monies paid (excluding
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. If you
decide to cancel in these circumstances you must do so within 14 days of the issue
date on the surcharge invoice.
Other travel arrangements
For air tickets, after we have received full payment in cleared funds we will not
increase the price. For all other situations, we reserve the right to pass on any
cost increase levied by the suppliers.
10.Our Liability Packages
(i) We accept responsibility for ensuring that the package booked with us is supplied
as described. If any part is not provided as promised, due to the fault of employees,
agents or suppliers, we will pay you appropriate compensation if this has affected
your enjoyment of the package. Subject to below our liability in all cases is limited
to a maximum of two times the cost of your travel arrangements.
(ii) We accept responsibility for personal injury, illness or death caused by the
negligent acts and/or omissions of our employees, agents, suppliers or 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) Our liability is limited in the manner provided in certain international conventions,
in respect of travel by air, sea and rail. If you suffer a personal injury, death
or serious difficulties as the result of an activity which does not form part of
the package you have booked with us, we will offer you such advice and guidance
as is reasonable in all the circumstances and, where appropriate and at our discretion,
financial assistance up to a limit of 5,000 Pounds per confirmation invoice (not per member
of your party). Where legal proceedings are contemplated and you want our assistance,
you must obtain our written consent prior to commencement of proceedings. Assistance
must be requested within 90 days of the incident concerned and is repayable to the
Company from any monies received from a third party or under any insurance policy.
Other travel arrangements
In consideration of the fact that we act only as a booking agent, we have no liability
whatsoever for any aspect of the arrangements and, in particular, no liability for
any loss, personal injury or death however incurred, except where caused by our
own proven negligence.
11.Complaints
If a problem occurs, whilst you are abroad, you must inform the relevant supplier
(e.g. hotel, tour operator, car rental company, airline) immediately so that the
matter can be put right. If the supplier cannot resolve the problem to your satisfaction,
at the time, you must also contact us immediately by telephoning London 0208 090
6850 so that we are given the opportunity to help. In the event that a complaint
cannot be resolved at the time, you must write to us within 28 days of your return,
quoting your original booking reference and giving all relevant information. Failure
to take these steps will hinder our ability to resolve the problem and/or investigate
it fully and in consequence, any right to compensation you may have may be extinguished
or reduced.
12. Passport, Visa and Health Requirements
Please ensure that you are aware of all passport, visa and health requirements and
that you allow adequate time to obtain them. You must check applicable requirements
with the relevant Embassy, Consulate or Passport Agency. Please note that many countries
require that your passport is valid for six months beyond the period of your stay.
Requirements can change and it is your responsibility to ensure that you comply
with applicable passport, visa and health requirements and take all necessary documents
with you to gain access to any country or region to which you make travel arrangements
or transit through. Soft Cloud cannot accept any responsibility for
customers who do not possess the correct documents and if you fail to do so, you
will be solely responsible for any cost, loss or damage that you incur as a result
of your failure. Helpful information can be found on the websites www.fco.gov.uk/travel
and www.doh.gov.uk/traveladvice.
13.Suppliers Conditions
Please note that, as between you and any of the suppliers whose services form part
of your booking, the suppliers standard terms and conditions will apply. The suppliers
standard conditions may limit or exclude liability, often in accordance with international
conventions. Copies of these conditions may be requested in writing.
14.Flights
Please note that a flight described as "direct" will not necessarily be non-stop.
All departure/arrival times are provided by the airlines concerned and are estimates
only. They may change due to air traffic control restrictions, weather conditions,
operational/maintenance requirements and the requirement for passengers to check
in on time. Soft Cloud will advise if there is any change to a departure/
arrival time previously given to you or shown on your ticket but you are also strongly
advised to reconfirm your flights, including departure times, with the airline,
72 hours prior to departure. We are unable to make any special arrangements for
you if you are delayed; these matters are at the sole discretion of the airline
concerned.
15.Special Requests
If you have any special requests, these will be passed on to the relevant supplier
but cannot be guaranteed by Soft Cloud.
16. Travel Insurance
We strongly recommend that you take out travel insurance for your whole journey.
17. ATOL
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 may be re-assigned
to another body, if that other body has paid sums you have claimed under the ATOL
scheme.
Your Financial Protection When you buy an ATOL protected flight or flight inclusive
holiday from us you will receive an ATOL Certificate. This lists what is financially
protected, where you can get information on what this means for you and who to contact
if things go wrong.
We, or the suppliers identified on your ATOL Certificate, 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 or
a suitable alternative (at no extra cost to you). You agree to accept that in those
circumstances the alternative ATOL holder will perform those 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 credit card issuer where applicable).
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 may be re-assigned
to another body, if that other body has paid sums you have claimed under the ATOL
scheme.