Heineken Cup
England Rugby Travel is a joint venture initiative between the Rugby Football Union and Mike Burton Travel. Financial protection is provided by the ABTA, IATA and ATOL licencing and bonding of Mike Burton Travel Ltd.
Heineken Cup Terms & Conditions 2011/2012
England Rugby Travel's package Terms and Conditions.
England Rugby Travel is a joint venture initiative between the Rugby Football Union and Mike Burton Travel Ltd. Financial protection is provided by the ABTA, IATA and ATOL licencing and bonding of Mike Burton Travel Ltd.
England Rugby Travel's Package Terms and Conditions
1. 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 with us and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 3030) administered by the Civil Aviation Authority or a bond held by ABTA for packages that do not include a flight. If you book arrangements other than a package holiday from us, the financial protection referred to above does not apply.
ATOL holders should include: When you buy an ATOL protected air holiday package and/or Flights from Mike Burton Travel Ltd you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence, number 3030. 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
ABTA: We are a Member of ABTA, membership number V4759. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
2. Booking
In order to make a booking, you must be over 18 years old and submit your booking request through the England Rugby Travel website (www.englandrugbytravel.com) or contact us by phone. You must pay the full price of the package when making your booking request. The person submitting the booking will be treated as doing so on behalf of, and with the consent of, all the persons for whom the booking is made. That person will also be responsible to us for full payment of the price (including any insurance premiums and cancellation or change charges) of the booking. All documents and other information regarding the your package will be sent to the person who submitted the booking and that person is responsible for keeping other persons, for whom the booking is made, fully informed.
3. Confirmation
Our contract with you takes effect when we accept your booking request and send you a final invoice and confirmation of your booking which shows the details of your package and the total price payable. These should be checked very carefully to ensure that they agree with what you intended to book. If any detail is not correct you must inform us immediately. Our responsibility is to provide the package we have confirmed to you. This does not include (but not limited to) match day or airport transfers, visas, airport departure taxes, insurance, excess baggage costs, airport parking, lunchtime or evening meals, snacks or beverages.
We reserve the right to refuse your booking, in which case all money paid to us will be returned in full. Our agreement will be subject to English Law and to the exclusive jurisdiction of the English courts.
4. Special Requests
Any special requests must be made in writing and while we will try to honour these, no guarantee can be given. If we are unable to honour any special request, no compensation will be payable. If your special request can only be met at additional cost, that cost will be invoiced to you prior to departure. Unless specifically agreed by us in writing at the time you make your booking, we cannot accept any booking which is made conditional upon a special request being satisfied.
5. Payment
100% payment for the package (including any upgrades) is due at the point of making your booking request. If you request a quote for travel insurance from us 100% of the premium plus any tax will be due when you accept the quote.
You may pay by Visa, Maestro, MasterCard and American Express. We will pass the respective cardholders processing fees on to you.
If for any reason the payments are not received by us by the due dates, we reserve the right to cancel your booking and levy a cancellation charge as though there had been a cancellation in accordance with Paragraph 7. If you pay a travel agent, money is held at all times on behalf of England Rugby Travel.
6. If you change your booking
If you wish to change any of the details of your booking, we will do our best to assist you. We charge an amendment fee of £25 for each person named on the booking form and for each detail of the booking which you change. However, if you change the booking within six weeks of departure, cancellation charges on the scale given below may be imposed. If the size of your party reduces, then we will recalculate the cost of the tour for those who are still going and the remaining client if a party of two will be charged at the single rate.
7. If you cancel
A cancellation can only be accepted in writing from the person who completed the booking on the website and is only effective from the date it is received in our offices. If you cancel the package or packages booked using with us at any time after your booking has been accepted by us, then you must pay us a charge to compensate us for the expenses and losses which we will incur as a result of your cancellation. The following scale of cancellation charges will apply:-
Time Before Departure Cancellation charge as a percentage of total package cost (excluding insurance premiums)
More than 56 days 40%
29-42 days 60%
15-28 days 80%
14 days or less 100%
NB. Insurance premiums are non-refundable.
If the reason for cancellation is covered by your insurance policy, you may be able to claim a refund of your cancellation charges from the insurance company.
8. Insurance
It is a condition of booking that you and all members of your party are adequately insured for your package. We have arranged a special scheme with Travel & General Insurance Services Limited the details of which are available on request. You must indicate during the booking process if you would like to receive a quote from us for insurance cover. If you arrange your own cover you must agree to the indemnity clause in the insurance section of the booking process.
9. Our liability
We contract accommodation and other arrangements through independent suppliers, who we have taken reasonable care to ensure are reputable and safe. We constantly monitor the performance of our suppliers and judge their performance against the standards and customs in the country where the services are provided. We will accept liability for the proper performance of our contractual obligation and for personal injury, arising as a result of the proven negligent acts or omissions of our staff and suppliers whilst acting within the scope of, or in the course of, their employment or contract. We will not be responsible to you in the following circumstances:-
a) If the failure or improper performance is your fault, or the fault of any member of your party.
b) If the failure is the fault of someone else not connected with the provision of the services which make up the package and which we have confirmed to you.
c) Any unusable or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been taken.
d) Any event that we, or the supplier of any service, even with all due care, could not foresee or forestall.
10. Limitations on our liability
In any event, compensation payable for claims against England Rugby Travel, other than compensation for personal injuries, will not exceed twice the price of the relevant package or packages booked with us. If our suppliers are able to exclude or limit liability by virtue of any international convention, we will claim the benefit of that exclusion or limitation. The liabilities of air and sea carriers are generally governed by the Warsaw Convention, Hague Protocol or Athens Convention respectively: We rely on the terms and limitations contained therein. Land, sea and air carriers have their own conditions which form part of this contract, copies of which will be supplied by ourselves if requested. For claims for personal injury, illness or death, any payments will only be made if the following conditions are met:-
a) You must tell us, and the supplier involved, about your injury or illness while you are in the resort and you must write to our office about your claim within three months of the date of arriving home. A letter from your doctor, detailing your injury, should also be included.
b) Any rights that you have against the supplier or any person, must be transferred to us.
c) c) You must agree to fully co-operate with us or our insurers, if we wish to enforce those rights.
(You are asked to transfer your rights to us, so that we can claim back from suppliers any payments that we make to you, plus any legal or other costs that are incurred.)
11. If we change the package or packages booked with us
We hope not to make any alterations to the package or packages booked with us but, because our tours are planned many months in advance, we sometimes do need to make changes. We have the right to do this at any time and you will be informed of any changes when you book or if you have already booked, we will let you know as soon as possible. Occasionally, we may need to make a major change. Major changes include a change of UK departure airport, a change of date of departure, reduction in the length of the package or packages booked with us, a change in accommodation to a lower official classification. If we do make any major changes, then you have the choice of:-
a) Accepting the changed arrangements.
b) Purchasing another package from us.
c) Cancelling the package or packages booked with us.
If you chose (a) or (b), we will reduce the price of the package or packages booked with us on the scale shown below and if you chose (c), we refund any money you have paid to us and where you are advised of the change within six weeks of departure, we will pay compensation on the scale below:-
Period before Compensation per full paying passenger
departure
Option A and Option B Option C
Package Package
Price Price
£0-250 over £250
More than 42 days NIL NIL NIL
29-41 days £15 £20 £10
15-28 days £20 £25 £15
9-14 days £25 £30 £20
0-8 days £30 £35 £25
NB. A compensation payment discharges all our liabilities to you and by accepting it, you agree to waive any other rights you may have.
These compensation payments do not apply where a cancellation by us is due to unforeseeable or unusual circumstances beyond our control, the consequences of which could not have been avoided, even if all due care had been exercised. Such circumstances or events include (without limitation), war or threat of war, riot, civil strife, industrial dispute, technical problems to transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions.
12. If we cancel the package or packages booked with us
In very rare circumstances we may have to cancel the package or packages booked with us. Sales of a particular package may not reach a level which would be economical for us to operate and we reserve the right in any circumstances to cancel the package or packages booked with us. In this event we will return to you all money you have paid, or offer you an alternative package to purchase of comparable standard if available. In no circumstances will we cancel the package or packages booked with us after the balance of payment is due, except where this is by reason of unusual or unforeseeable circumstances beyond our control, the consequences of which could not of been avoided, even if all due care had been exercised.
13. Flights and Flight times (only relevant if you have booked a flight through us)
Due to the bespoke nature of the package or packages booked with us, we are not able to specify on the website the airline or aircraft type that we will use. We will inform you of the airline we plan to use in your booking confirmation, but we reserve the right to change airline or aircraft types at any time (see amendments by us). Such changes will not be regarded as a major change for the purpose of these booking conditions and you will not be entitled to cancel the package or packages booked with us without paying the appropriate cancellation charges (see cancellation charges). Some flights may have to stop en route and as factors affecting this are not always known before departure, we cannot always notify you in advance, though we will always endeavour to do so. Planned flight times will be given in the various documentation you receive, though these are for guidance only. Please check your final itinerary as soon as you receive it, as it will show the final timings for your flight. Flights are subject to the granting of permits and licences by authorities, both in the UK and Overseas. In the event of your flight arrangements being changed or cancelled, as outlined in this section, we accept no liability for extra costs or consequential loss, arising directly or indirectly from any independent contract arrangement, between the client and a third party. Please note that the captain of the aircraft has absolute authority over the aircraft and passengers at all times, when they are boarding or on board the aircraft. He can refuse to carry anyone if they are, in his opinion, unfit for any reason to travel or may pose a danger to the aircraft or other passengers. If you or any person for whom you are booking is refused carriage in these circumstances, the contract with us will terminate immediately and we will have no further responsibility of liability to you. Arrangements in the event of travel delay are the responsibility of the carrier.
14. Your match tickets
All tickets are supplied in accordance with Heineken Cup Ticket terms and conditions.
As part of your package we will allocate you official match tickets for the games included in your booking.
We will distribute your tickets to you in a manner that we deem most appropriate. We will let you know which method of distribution we intend to use prior to departure but reserve the right to amend this at any time. Once distributed tickets are your responsibility and cannot be replaced.
15. If you have a complaint
If you have a complaint about the package or packages booked with us, please tell your England Rugby Travel representative and the supplier of the service concerned immediately, preferably in writing. The problem can then be thoroughly investigated and we can make all efforts to try and remedy the situation there and then to prevent the package or packages booked with us being spoilt. Unless there is a valid reason why your complaint is not reported in this manner, we will not consider ourselves liable in respect of those complaints. If your problem can still not be resolved, then you should write to our Head Office in Gloucester within 28 days of the completion of the package or packages booked with us. No liability can be accepted for claims not notified in that period or if the claim was not notified to our representative.
Disputes relating to the package or packages booked with us which cannot be settled amicably, may if you wish, be referred to arbitration under a special scheme devised by arrangements with the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration, on documents alone, with restricted liability to you, in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form, or to those claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. The rules of the scheme provide that the application for arbitration must be made within 9 months of the date of return from your trip, although in special circumstances may still be offered outside this period.
16. Website Accuracy
Websites are produced well in advance of your departure date and there may be occasions when advertised facilities or entertainment is not available during the tour, due to bad weather, essential maintenance, cleaning or lack of demand. You should also remember that the general standard of hygiene, public utilities, drainage, plumbing and services in general may not be as sophisticated as in the U.K. All information published and displayed on the website, has been compiled from up to date details and we have taken the up most care to ensure fact and accuracy. There maybe occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance (swimming pools for example), unsuitable weather, fuel shortage, accidental damage to accommodation or other circumstances totally beyond our control. If we are advised of this we will inform you as soon as possible. The website is issued on our responsibility and does not commit any airlines mentioned therein.
17. Extras
All accounts for services and goods, you use which are not covered by an inclusive package cost, must be paid by the client before departing that hotel or commencing an onward or return journey.
18. Your responsibilities
It is your responsibility to;
a) Ensure that you, and those for whom you are booking, are in possession of valid passports and any appropriate visas. You should check passport and visa requirements well in advance, particularly if you are a Non-British passport holder: Any charges, fines etc. that may be levied by authorities in the UK or overseas for non-compliance of regulations in this area will be recharged to you.
b) Check with your doctor and ensure that those for whom you are making the booking check with their doctors as to what vaccinations or inoculations are advisable for the chosen destination.
c) Ensure a reasonable standard of behaviour by yourself and by those for whom you have booked: We reserve the right to decline, to accept or retain any person as a client, if their behaviour is, in our opinion, or in the opinion of the airline pilot, hotelier or accommodation owner, manager or other person in authority likely to cause distress, damage, danger or annoyance to other customers, employees, other people or to property. You understand that we shall have no liability to pay any refund or compensation or costs incurred by any person whose behaviour is thus unacceptable.
d) The accommodation we arrange for you must only be used by those people named on the booking form. You are not allowed to share the accommodation or let anyone else stay there.
e) abide by the accommodation providers terms of occupancy and pay for any damage you or members of your group cause to the accommodation.
f) abide by the Heineken Cup match ticket and match venue terms and conditions.
g) ensure the safekeeping of your match ticket (s) once we have distributed it to you. If they are lost or damaged they can not be replaced.
19. Package price
The prices in this website apply at the time of uploading, but prices can change from time to time. Prices can go up or down, and you will be informed of any price change when you contact us to enquire about a package. We guarantee that once you have made your booking and paid a deposit, we will not increase the price of the package or packages booked with us, except in the circumstances set out below.
The price of the package or packages booked with us is subject to surcharges on the following items: Government action, currency fluctuation, airport charges and increase in scheduled air fares. Even in this case, we will absorb an amount equivalent to 2% of the package price, which excludes insurance premium and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where the surcharge is more than 10% of the package price you will be entitled to cancel the package or packages booked with us with a refund of all money paid, except for any premium paid to us for package insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within fourteen days from the issue date printed on the invoice. Prices are in pounds sterling and rates of exchange are displayed in the website.
20. No Partnership, Agency or Joint Venture
If, in making a booking with us, you are making arrangements on behalf of third parties your booking is subject to the condition that, except with our prior written consent, you shall not (nor authorise any third party to):
(a) make any representation nor give any warranty on our behalf or in our name nor incur or create any expense chargeable to us nor pledge our credit;
b) associate yourself/itself with England Rugby Travel nor use nor allow anyone to use our name, logo or trademarks including without limitation in the promotion or advertisement of any product or service;
(c) do nor allow to be done any act or thing which will harm misuse, bring into disrepute, impair or otherwise adversely affect our rights and interests (including goodwill) in our name, logo and/or trademarks;
(d) hold yourself out to any third party as acting with our authority and/or as our agent or partner;
(e) represent that the hospitality, catering, ticket, travel, site facility and/or any other arrangements provided under this booking are made by you or any person or entity other than England Rugby Travel;
and without limitation you acknowledge that the arrangement entered into between us shall not constitute an agency, partnership, or joint venture.
You hereby undertake to us that you will bring these booking terms and conditions to the attention of any third party for whom you are booking.
21. General
Please note that if any part of these booking conditions is found to be invalid or unenforceable, then the remainder of these booking conditions will not be affected but will remain valid and enforceable.
22. Data Protection Statement
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements including airlines, hotels and transport companies The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. 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 on request.
