Terms and Conditions
1. These terms and conditions will come into effect when we notify
you in writing of our acceptance of your booking and deposit
payment. When you sign the booking form you are confirming that you
have read and understand and have accepted the information regarding
the holiday which has been supplied to you. You are also accepting
that our terms and conditions form the basis of the contract between
Smile Holidays Ltd and you.
These terms may alter
from time to time. Please see our website for the latest version.
2. When you make this booking on behalf of yourself and / or other
persons you undertake that you have the authority to accept and do
accept on behalf of your party the terms of these booking
conditions. This contract is made subject to these terms and
conditions, which are governed by English Law and the non exclusive
jurisdiction of the English Courts.
3. Provisional booking reservations may be
made by telephone, but all such bookings must be confirmed within 14
days by sending to us a fully completed booking form and deposit of
£200 per person,
per holiday booked or deposit of £300
per person for our Gran Canaria, Lanzarote and Bournemouth Christmas
holidays. Any provisional booking is not a contract between us and
you. A contract between us and you will not come into effect until
we notify you in writing of our acknowledgement of deposit and
booking. Please check our acceptance of your booking very carefully
to ensure that all the information is correct and please tell us
immediately of any errors.
4. Full payment of the balance of the holiday cost is due 60 days
prior to the commencement date of the holiday except Gran Canaria,
Tenerife, Bournemouth Christmas and Forest of Dean New Year holidays
where full payment of the balance of the holiday cost is due 90 days
prior to the commencement date of the holiday. If you do not pay the
outstanding balance for your holiday or of anyone in your party on
or before the date when it is due we may cancel the booking and you
will be required to pay cancellation charges detailed at clause 6
below. The date of cancellation will be the date we receive
confirmation in writing that you intend to cancel a booking, or 15
days after the balance of the holiday cost is due, whichever comes
5. If after we notify you in writing of our acceptance of your
booking you wish to change your holiday in any way we will do our
utmost to make these changes. However it may not always be possible.
Any request for changes must be made by the person who has made the
booking on the booking form. Please note that certain holidays and
fares cannot be changed after a booking has been accepted and any
such alteration request can incur a 100% cancellation charge. Any
charges incurred as a result of changes you request and agreed by us
will be payable by you.
6. You, or any member of your party, may cancel your holiday at any
time. Written notification from the lead name on your booking must
be received by us. Since we are likely to incur costs in arranging
your holiday you will have to pay a cancellation charge. If you
cancel more than 90 days before departure you will lose your
deposit. Cancellation between 89 & 60 days before departure will
result in a cancellation charge of 50% of the booking price.
Cancellation between 59 & 30 days before departure will result in a
cancellation charge of 70% of the booking price. Cancellation
between 29 & 15 days before departure will result in a cancellation
charge of 90% of the booking price. Cancellation between 14 days and
day of departure will result in a cancellation charge of 100% of the
booking price. Itís strongly recommended you obtain
cancellation insurance to protect your deposit and the balance of
payment in the event of cancellation.
There may be circumstances in which we have to cancel your holiday.
Sometimes changes are unavoidable and we reserve the right to make them.
Most of these changes are likely to be minor and we will do our best to
keep you informed. If after accepting your booking, and before
departure, we make a significant change to your holiday you will have
the option of withdrawing from the holiday without penalty.
Alternatively, we will try to offer you a suitable alternative holiday
without additional charge. A significant change would involve a change
in the departure date or location of the holiday.
8. When we have notified
you of the changes or proposed cancellation of a holiday and options
available you must tell us your decision as soon as possible and
within 14 days of our sending you notification of change or
as set out below, if we notify you of a significant change to the
holiday arrangements which you do not accept more than 60 days before
the departure date or we cancel the holiday arrangements more than 60
days before the departure date we will refund to you all the monies you
have paid but no compensation will be payable.
monies paid referred to in clause 9 above will not be re-paid where the
changes or cancellations are made as a result of events beyond our
control, to include war, threat of war, riot, civil strife, terrorist
activity, industrial dispute, fire, quarantine, epidemic or health
risks, natural or nuclear disasters, port and terminal closures and / or
adverse weather conditions or generally as a result of 'force majeure'.
11. We also reserve
the right in any circumstances to cancel your holiday, for example if
the minimum number of persons required for a particular holiday is not
reached we may cancel the holiday. If it is necessary to cancel your
holiday, except where cancellation is due to non-payment by you of your
final balance or for any reason set out in clause 10 above, we will
re-pay to you the monies paid as set out at clause 6 above.
12. Please note that
travel insurance is mandatory and is not included in the cost of the
holiday. It is a condition of your booking with us that each party to a
booking, or member of a group booking, has travel insurance to include
medical insurance for a minimum of £1,000.000.00 including
repatriation, and liability insurance for a minimum of £1,000.000.00.
We also recommend that your cover include holiday interruption /
cancellation and personal accident. We cannot be held liable in the
event of any claim arising out of events beyond our control as a result
of optional activities run by others, or as a result of you indulging in
activities which are not part of the original booking. Failure to
provide proof of adequate travel insurance may result in the
cancellation of the holiday on the same terms as cancellation by you.
your peace of mind we have made arrangements to ensure that your holiday
is financially secure by arranging passenger protection insurance with
International Passenger Protection via Tasker Insurance. We would
advise you that Package Holidays booked through Smile Holidays Ltd with
Tui Holidays are protected by the Civil Aviation Authority (CAA) ATOL
Bond. When booking your holiday, in order to comply with
Regulations, we will provide you with the Tui Holidays ATOL
Receipt. In addition to the above, Smile Holidays Ltd have also arranged
an Insurance Policy to provide Financial Protection cover of other
non-bonded Suppliers. Details can be provided on request.
Apart from the above,
in order to comply with the European Directive for Travel & Tourism,
Smile Holidays Ltd have in place a Financial Failure Insurance policy to
protect their clients monies in the unlikely event of their failure or
liquidation. Details can be provided upon request.
Your non licensable booking (i.e. your package without a flight)
is insured by IPP Ltd and its panel of insurers. - This insurance is
only valid for passengers who book and pay directly with/to Smile
Holidays. If you have booked and/ or paid direct to a Travel Agent for
a holiday with Smile Holidays please request proof of how the booking is
secured. For further information please go to
Insurance has been arranged by International Passenger Protection
Limited and underwritten by Insurers who are members of the Association
of British Insurers & Lloyds Syndicates.
14. It is of utmost
importance that you ensure that the medical needs of all parties to the
booking are identified to us on the booking form. You undertake
that any changes in the medical needs of any party to the booking is
notified to us as soon as it is reasonably practicable. Such changes may
lead to the cancellation of the holiday, in which event no refund of
monies paid will be made. In the event that any misrepresentation is
made on the booking form in respect of any medical or other need of any
travelling party we reserve the right to immediately terminate the
holiday and will not be liable to complete holiday arrangements, nor
will we be liable for any refund, compensation or any other costs you
may have to pay as a consequence.
15. We reserve the
right to end your holiday if your behaviour, or that of any member of
your party, is likely, in the opinion of any member of our staff, to
cause distress, damage, danger to, or annoy any other holiday makers,
our employees or anyone else. We cannot accept liability for the
behaviour of others in the accommodation or on the holiday, or if any
facilities are removed as a result of their actions. Carers/families
may be asked to collect the client from the holiday destination in the
United Kingdom and Europe if the clientís behaviour is deemed
unacceptable and is disrupting the groupís holiday.
All medication must be provided in dosette
boxes or blister packs unless in liquid form. We are able to administer
holiday clients their medication. Please contact our Head Office for
venues for pick up, to include times and dates of pick ups at the
commencement of the holiday, will be mailed to you approximately 3 weeks
before your holiday departure date. The time of the pick up will be
advised at this time. Should you need to change your pick up point this
must be notified to us prior to this 3 week period. Please be on time as
we cannot be responsible or liable for any loss or expense suffered as a
result of your failure to be at the pick up point at the allotted time.
Smile Holidays staff will wait for a period of
minutes, after which time they will leave the pick up point without you
if you are not in attendance at that time.
In that event no
refund of money paid will be made and we shall not be liable to you for
any other losses or claims of whatsoever nature.
the return journey you will be disembarked at your original pick up
point. We will endeavour to give an estimated time of arrival at each
point. Homeward bound drop offs are scheduled in the reverse order of
the pick ups. Occasionally we may be delayed as a result of planes,
trains, ferries, coaches or other circumstances beyond our control. In
such cases we will do our utmost to help you and keep you fully
informed. In the case of a major delay to your homeward journey
requiring an additional overnight stay we will endeavour to arrange
accommodation which may be at additional cost to you.
19. Your holiday price includes 3 meals per day, on UK holidays you
will have your own room and shared accommodation for Gran Canaria
and Lanzarote holidays (maximum 2 sharing, same sex). Support and
supervision of our staff on the ratio of 4-5 holiday makers to one
staff, all reasonable transport needs and all excursions as detailed
in the holiday brochure. Included excursions are detailed on the
relevant brochure page and refunds will not be made for any
excursions not taken. If you require greater levels of support this
may be accommodated at a mutually agreed surcharge. Due to limited
space in our vehicles, we are unable to cater for people who are
permanent wheelchair users. A wheelchair is however made available
for 1-1 holidays.
20. If you require a
special diet you must advise us when booking, or as soon as you are
medically advised and send us a copy of the diet. We will notify any
hotel or other accommodation or provider of meals on your holiday,
however please note that some hotels or providers of meals may not have
facilities to cope with special diets and we cannot be held liable for
their failure to do so. Where we think this is likely to happen we will
tell you prior to your booking confirmation being issued so that you can
exercise your right to cancel your holiday booking without charge. You
must also detail on your booking form any other special request or
particular medical need which we will pass on to the relevant third
parties. This does not necessarily mean that your request will be
fulfilled. If your request can be fulfilled you may incur an extra
charge payable either to us or directly to that third party. Please note
that such requests cannot be guaranteed unless we confirm on your
booking confirmation that this is a guaranteed requirement.
21. You are
responsible for ensuring that you have the correct documentation for
travel and we cannot be held liable for any loss or expense suffered by
you, or your party, because of an incorrect passport or other incorrect
documentation. If you are a British Citizen travelling outside the
United Kingdom you must have a full UK passport valid for a minimum of 3
months after your scheduled date of return. The name on the passport
must match the name on the booking form. If anyone in the party
changes their name after the booking is made you must tell us so that we
can issue a booking confirmation in the new name.
22. We accept
responsibility for ensuring that your holiday which you book with us are
supplied as described in the brochure. If after departure any part of
your holiday is not provided as set out in the brochure due to the fault
of our employees, agents or suppliers we will pay you appropriate
compensation if this has materially affected the enjoyment of your
holiday. However, our liability in all cases shall be limited to a
maximum of 2 times the cost of your holiday.
23. Subject to clause
24 below we accept responsibility for what our employees, agents and
suppliers do, or do not do, providing that they were at all times acting
within the scope of, or in the course of, their employment in the
provision of your holiday. Save for cases of death or personal injury
our liability in all cases shall be limited to a maximum of 2 times the
cost of your holiday.
24. Please note that
we will not be liable for any injury, illness or death, or consequent
losses suffered by you or any member of your party unless you are able
to prove that such injury or illness was caused by lack of reasonable
care and skill on the part of ourselves or our suppliers, and the
performance of our obligations under our contract with you.
25. In all claims of
whatsoever nature we will not be liable where the alleged loss or damage
results from any fault of the person affected or any member of their
party or the fault of any third party not connected with the provision
of your holiday or with us which we could not have predicted or avoided,
or an event or circumstance which we or the supplier of the
service in question could not have predicted or avoided even after
taking all reasonable care, or the fault of anyone who was not carrying
out work for us at the time.
a) Although we have
no direct control over the services provided to you by independent
suppliers we accept responsibility for the reasonable standard of the
holiday which you book. If any part is not provided as promised we will
pay you appropriate compensation if this has affected the
enjoyment of your holiday. In all such cases the most we will pay you,
if we are liable to you, is a maximum of 2 times the cost of the holiday
of the affected person. We will only have to pay this maximum amount if
everything has gone wrong and you have received no benefit from your
b) We accept
responsibility if you or any person named on the booking form suffers
bodily injury, illness or death due to the negligent acts and / or
omissions of our employees or agents, or our suppliers or sub
contractors, servants or agents whilst acting within the scope or in the
course of their employment to provide any service or arrangement forming
part of the holiday that you have booked with us, save that our
responsibility for any air, sea or road carriers are limited to those
set out in the relevant international conventions provided for such
claims. You should also note that these conventions may limit or remove
the carrier's liability to you and the amount which the carrier has to
pay to you.
c) In the event of
any claim being made against us by you or any person named on the
booking form we reserve the right to claim in your place against the
person or corporation responsible for the act, default or omission
giving rise to the claim and you hereby agree to assign to us all your
rights in that regard, and we will be subrogated to those rights, and
you hereby agree to assist us or our insurers fully in the event that we
enforce the rights which have been assigned to us or to which we are
26.Your holiday cost
does not include money for personal spending or to spend on snacks,
drinks, phone calls, medical expenses or holiday insurance. We are
unable to retain receipts for any personsí personal purchases throughout
their holiday break. We will also not be held responsible for any loss
of personal money or other possessions and insurance cover should be
taken out in respect of such eventualities.
27. We operate a
support and advice line for your carers or other interested third
parties between Monday and Friday, from 9.30am to 4.00pm. We will supply
to familymembers and carers nominated on the booking form a mobile
telephone number which will provide updated details of your progress on
28. You will be
responsible for any damage you cause to any holiday accommodation or
other third party property whilst you are on holiday, or for anyone in
your party causing such damage. We provide no indemnity to you or any
other third party in that regard.
29. We ask that you
limit your luggage and that of your party to one soft holdall / suitcase
per person and to one item of hand luggage per person.
30. We operate a
strict no smoking policy on our vehicle. We make frequent comfort
stops. The no smoking policy on other carriers and suppliers will vary
and will be supplied on request.
31. You are requested
to supply all medical and incontinence aids as you may require during
your holiday. In the event of a shortage we will try to obtain and
provide additional medical supplies but can provide no guarantee of
doing so and accept no responsibility for any failure on our part to do
32. In order to
perform our obligations under these terms and conditions we require
certain information about you, such as your name, address and any
special dietary or medical needs. We do ensure the proper measures are
in place to protect such information, however we pass that information
on to any relevant suppliers or sub contractors or employees or other
agents as may be necessary in order to perform our obligations under
these terms and conditions. This information may also be supplied to
public authorities such as customs / immigration if required by them or
as required by law. We retain your full contact details and any
information in files and you are entitled to a copy of the information
held by us as long as such information does not include the private data
of other members of your holiday. We may use this information to contact
you by mail, telephone or electronic means. We will not use this
information to provide you with details of other goods and services in
respect of other holidays not subject to your booking form.
33. In the unlikely
event of you having a complaint that cannot be settled amicably between
us you should immediately complete a holiday complaint form which is
available from us. If on return from your holiday you remain
dissatisfied you should set out in writing such dissatisfaction to us
within 28 days of your return.
34. Should any of
these terms or parts thereof be officially declared void or
unenforceable, the remainder of the terms or parts thereof shall remain,
where possible, in full force and effect.
35. We are a member of the Confederation Passenger Transport
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