TERMS AND CONDITIONS - SNOW REHAB LIMITED TRADING AS ADRENALIN REHAB
Adrenalin Rehab Terms and Conditions
The Adrenalin Rehab Booking Conditions spell out our obligations to you and your commitments to us when you book a holiday with us and together with the information contained in the Essential Information / Holiday FAQ's forms the basis of our contract with you. Where in these Booking Conditions we refer to “we”, “us” and “our”, this means Snow Rehab Ltd trading as Adrenalin Rehab. References to “you” and “your” means all persons (or any of them) named on the booking (including anyone who is added or substituted at a later stage). “Travel Agent” means a travel agent authorised by us.
Except where otherwise expressly stated in these Booking Conditions, these Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” means such holiday arrangements.
Adrenalin Rehab’s Commitment to You
1. Your reservation
Once you have booked and paid your deposit or full payment as applicable, we will reserve your holiday on the basis of these terms and conditions. Your booking will be taken as confirmation that you have the authority to book as the lead name on behalf of all persons named on your booking and a binding contract between us will come into existence when we send our Confirmation/Invoice to you or your Travel Agent. Prior to doing so, we or the Travel Agent may send you an acknowledgement of your booking and you will also be provided with an ATOL certificate - see clause 18 "Financial Security" for more details. Any such acknowledgement or ATOL certificate simply confirms that we are dealing with your booking request and is not a confirmation of it.
These Booking Conditions and the "Essential Information / Holiday FAQ’s" form the basis of your contract with us. You should read and ensure you understand them (raising any queries you may have with us) before asking us to confirm your booking. We draw your attention to the following: Section 2 (OUR PRICE POLICY); Section 3 (IF WE CHANGE YOUR HOLIDAY ARRANGEMENTS); Section 4 (IF WE CANCEL YOUR HOLIDAY); Sections 5 and 6 (YOUR FLIGHT and FLIGHT DELAYS); Sections 7, 8 and 15 (OUR ASSURANCE ON STANDARDS AND ASUSMPTION OF LIABILITY; OUR COMPLAINTS PROCEDURE and IF YOU HAVE A COMPLAINT); Sections 11A, 11B and 12 (DEPOSITS AND SPECIAL REQUESTS; LOW DEPOSIT SCHEME and PAYING THE BALANCE OF YOUR HOLIDAY); Section 13 (IF WE CHANGE YOUR BOOKING); Section 12 (IF YOU CANCEL YOUR BOOKING); Section 15 (YOUR HOLIDAY INSURANCE); Section 16 (YOUR RESPONSIBILITIES), including Section 16(d) relating to YOUR BEHAVIOUR. If you are booking a late/special offer holiday, any extra information and conditions that apply to the late/special offer holiday will also be part of your contract. If in doubt, you should check with your Travel Agent or us. Please note that we reserve the right to refuse a booking at our discretion without giving any reason for such refusal. In such circumstances, any deposit or other payment received by us will be returned to you and any ATOL certificate provided shall be cancelled.
Please check that each name is exactly as stated in the relevant passport. Please also check that all information which appears on the Confirmation/Invoice or elsewhere is correct and complete. If any information which appears on the Confirmation/Invoice or elsewhere appears to be incorrect or incomplete, please contact us or your Travel Agent immediately (and in any case within 10 days of receipt of confirmation (within 5 days for flights)). This will greatly help us to make the changes you need. We will do our best to rectify any inaccuracies notified. However, if you delay in informing us of these, it may not be possible to correct them later. You will be responsible for any costs and expenses except where we made the mistake. We can only accept a booking if the lead name is a minimum of 18 years on or before the date of departure - if under 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.
2. Our price policy
Prices shown on this website are believed correct at the time of publication. Prices found in our brochure may differ from those displayed on the website, and certain offers advertised on this website may not be available in the brochure. We reserve the right to change prices from time to time. Accordingly, it is possible that when you book your holiday the actual price may have gone up or down from the advertised price. If the price of your holiday has changed, the correct price will be confirmed before you book. We reserve the right to correct errors at any time prior to the price being confirmed at the time of booking.
Once you have made your booking and paid a deposit (or full payment if booking within twelve weeks of departure) and the price of your chosen holiday has been confirmed by your Confirmation/Invoice, we will only increase or decrease it in the circumstances set out below. Correct price increases or decreases after booking will be passed on by way of a surcharge or refund (as applicable) where our transportation costs (e.g. aviation insurance and security levy, fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) and/or any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease, or where our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, we will absorb increased costs up to a total amount equivalent to 2% of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only if the increased costs exceed this 2% will we levy a surcharge. Where a surcharge is payable, there will also be an administration charge of £1 per person together with an amount to cover agents’ commission. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums, any amendment charges or administration charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 3 “If we change your holiday arrangements”.
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.
Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of any insurance premiums you have paid to us, if you can show you are unable to use/reuse or transfer your policy, in the event of cancellation or purchase of an alternative holiday.
Where a surcharge is payable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where you are entitled to do so in accordance with this clause. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to surcharge within 30 days of departure.
Please note that in rare cases errors may occur when inputting prices into our reservations system or website. We regret that any contract entered into on the basis of an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to pay the current price or cancel with a full refund.
3. If Adrenalin Rehab should change your holiday arrangement
Although it is unlikely, we may occasionally have to change your holiday arrangements as they are made well in advance, and we reserve the right to do so. For instance, your flight details may change or your accommodation may become unavailable. However, we promise that we will not make any significant changes (as described below) to your confirmed holiday arrangements less than 14 days before departure unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (examples of which are contained in clause 6c). A significant change is a change made before departure, which we could reasonably expect to have a significant effect on your confirmed holiday. The following changes are examples of significant changes.
• A change of your departure airport (except between London Gatwick and London Heathrow; or between London Luton and London Stanstead; or between Glasgow and Edinburgh) .
• A reduction in the number of nights of your holiday.
• A change of your resort area or your accommodation to a lower accommodation category for more than 70% of your stay.
• A change of your date of departure (please note that a flight which was scheduled to depart between 22.00 hours and 04.59 hours but which is changed to depart after midnight (or moved forward to depart before midnight) is not treated as a change of date).
• A change in your flight from a day flight to a night flight if the time of your departure has changed by more than 4 hours. A night flight is one planned to depart from the UK between 22.00 hours and 04.59 hours
We will work on the basis of the flight times shown on your original Confirmation/Invoice in deciding whether there has been a significant change to your arrangements as set out above.
If we have to make any significant changes we will tell you or your Travel Agent as soon as reasonably possible if there is time to do so before departure. You can then choose to:
• accept the changed arrangements or take any reasonable alternative holiday we can offer you (if this is less expensive than your original holiday, we will refund the difference). If you decide not to take the alternative we specifically offer you, you may purchase any other available holiday from us at the applicable price and we will refund, or you will be required to pay, the difference in price with your original holiday (please note that these Booking Conditions will apply to any alternative holiday), or
• cancel your holiday.
If you wish to cancel your holiday or accept the reasonable alternative we offer you as a result of a significant change, you must tell us within the time mentioned when we notify you about the significant change or, if no time limit is mentioned, within 7 days of our notifying you. If you do not do so, we are entitled to assume that you wish to accept the changed arrangements.
If you choose to accept the new arrangements or purchase another holiday from us, we will, where applicable, reduce the price of your holiday by the compensation shown in the table below. If you choose to cancel your holiday we will refund any money you have paid to us, as well as paying you compensation on the scale below (please note, we will only make one such reduction or payment per person).
No. of days before departure you are notified
Minimum Compensation Per Person
More than 70 days Nil, 57-70 days £10, 29-56 days £20, 15-28 days £30, 8-14 days £40, 7 days or less £50
A change of overseas airport, return UK airport, aircraft type or return flight time of less than 12 hours will not be significant changes. Similarly, if after making your booking we are advised that an aircraft will stop en route, we will advise you as soon as possible but such a change shall not constitute a significant change. Where your airport is changed, we promise to transport you from your overseas accommodation to your alternative overseas airport and vice versa or from your UK airport of arrival to your UK departure airport.
No compensation will be paid and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a significant change as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (examples of which are contained in clause 6c). Please note, no compensation is payable for minor changes. A minor change is any change which we could not reasonably expect to have a significant effect on your confirmed holiday. Minor changes do not entitle you to cancel or change to another holiday without paying our normal charges.
4. Adrenalin Rehab Cancelling your Holiday
We may occasionally have to cancel your holiday arrangements, which we reserve the right to do. However, we promise we will not cancel your holiday after the balance of payment is due unless you have failed to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (examples of which are contained in clause 6c). If we have to cancel, we will tell you as soon as possible. Except where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel we will offer you the choice of:
• taking the reasonable alternative holiday we offer you (if this is less expensive than your original holiday, we will refund the difference). If you decide not to take the alternative we specifically offer you, you may purchase any other available holiday from us at the applicable price and we will refund, or you will be required to pay, the difference in price with your original holiday, or
• receiving a prompt refund of all monies paid to us.
If you wish to purchase an alternative holiday, you must tell us within the time mentioned when we notify you of the cancellation or, if no time limit is mentioned, within seven days of us telling you or we are entitled to assume that you require a refund. If you choose to accept the alternative holiday we offer you or purchase another holiday from us, we will reduce the price of your holiday by the compensation shown in clause 3 above unless we are forced to cancel your holiday due to unusual or unforeseeable circumstances, in which case no compensation will be payable. If you choose to cancel your holiday we will refund any money you have paid to us, as well as paying you compensation on the scale shown in clause 3 above unless we are forced to cancel your holiday due to unusual or unforeseeable circumstances, in which case no compensation will be payable (please note, we will only make one such reduction or payment per person).
Where the holiday is cancelled due to unusual or unforeseeable circumstances beyond our control and the consequences of which we could not have avoided even with all due care, we will try to offer you a reasonable alternative holiday, or a refund, where a reasonable alternative is not available. No compensation will be payable in those circumstances.
Minimum Numbers: We regret we can only operate each of the holidays shown on our website or in our brochures if a sufficient number of people book them. If there is insufficient demand, we have the right to cancel the holiday in question. If we have to do so, we promise we will tell you no later than the date the balance of your holiday price is due. In this situation, you will then have the choice of the options shown in this clause. If possible, we will endeavour to offer you the same holiday departing on a different date. Where we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
5. Adrenalin Rehab’s - Your flight
You will be informed of the airline(s) operating your package holiday flight(s) at the time of booking. A list of all aircraft and airlines we anticipate using is shown in our Essential Information / Holiday FAQ’s section. Flight timings planned are also given for your guidance but your actual flight timings will be those shown on your airline itinerary (or tickets) which you should check carefully as soon as you receive them. We may substitute alternative airlines and/or aircraft and/or airports of destination if necessary, in which case, subject to the note below on the Community List of banned carriers, you cannot transfer to another holiday or cancel without incurring normal cancellation charges (see clause 12 under ‘If You Cancel Your Booking’). Any such change will be a minor one not entitling you to compensation, though we shall notify you or your travel agent of the identity of any substitute airline as soon as possible and in all cases at check-in or at the boarding gate. Where we substitute the airline or aircraft we had originally intended to use in connection with your holiday, it may as a result not be possible to provide any in flight catering which had been advertised, or if had been included. Any such change will be a minor change not entitling you to any compensatory payment.
Please note that if you purchase an Instant Purchase flight from us, this cannot be changed or refunded. If you require a more flexible option, you should select another flight.
Note: EC Regulation No 2111/2005 requires the establishment of a Community list of carriers which are subject to an operating ban throughout the EU and publication of that list to passengers. See: http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. In the event that the assigned airline or any substitute airline is or becomes listed on the Community list you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Further information can also be found on the CAA’s website at http://www.caa.co.uk.
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 is the responsibility of the airline and 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 the clauses above (clauses 3 and 4). If your airline does not comply with these rules you should complain to the Civil Aviation Authority on 020 7240 6061 or at firstname.lastname@example.org.
5.1 Adrenalin Rehab’s - Flight Delays
We wish we could guarantee to you that your flight will never be delayed, but unfortunately delays still occur. When a delay occurs, the airline may arrange for you to receive refreshments or meals in a reasonable relation to the waiting time. Unfortunately, it is not always possible for the airline to make welfare arrangements as being able to do so depends on factors such as the capacity of the airport concerned to cater for the number of passengers affected by delays, the anticipated length of any delay (it is often the case that a delayed aircraft will be ready to depart on very short notice so passengers need to be at the airport and the provision of catering may also risk extending the delay) and the timing of any delay.
If your flight home to the UK is delayed, we will work with the airlines to provide assistance as appropriate to the length of the delay.
6. Adrenalin Rehab - Assurance of Standards and Assumption of Liability
(a) For package holidays (as defined by the Package Travel, Package Tours and Package Holidays Regulations 1992) we promise to make sure that all parts of the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided by our suppliers with reasonable skill and care. This means that subject to these Booking Conditions we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of any failure by ourselves or our employees, agents, suppliers or sub-contractors (as applicable) to use reasonable skill and care in accordance with local standards in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that the required reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents, suppliers and sub-contractors do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents, suppliers and sub-contractors).
Please note that any villa/accommodation only bookings or fly-drive bookings are not package holidays and therefore our liability to you is different to that relating to package holidays. Our liability extends only to using reasonable skill and care in the selection of our relevant suppliers. We have no liability to you for the actual provision of the accommodation or other services, including anything that happens in the accommodation or any acts or omissions of the supplier or any other third party.
(b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected/you or another member of your party; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were 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 the supplier of services, even with all due care, could not foresee or forestall.
(c) Except where otherwise expressly stated in these Booking Conditions we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract is prevented or affected by or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (actual or threatened) may include war, riot, civil strife, terrorist activity, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
(d) Except where otherwise expressly stated in these Booking Conditions, where any successful claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, rail, inland waterway or road carrier or any stay at an accommodation, the maximum amount of compensation paid to you will be limited. The maximum we will pay you for that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable under the applicable International Convention or Regulation which applies to the travel arrangements in question (for example, but not limited to: the Warsaw Convention unamended or as amended for international travel by air, the Montreal Convention for international travel by air and/or for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 as amended by EC Regulation No. 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and/or EU Regulation 392/2009 on the liability of carriers of passengers by sea for international and national travel by sea (from 31 December 2012), the Strasbourg Convention for inland waterways, the Berne Convention for travel by rail, and the Paris Convention in respect of the provision of accommodation) in that situation.
Please note: Where a carrier or accommodation supplier would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we are similarly not obliged to make a payment to you for that claim or part of the claim. You must give credit for all payments due or received from any carrier or accommodation supplier, which relate to the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(e) As set out in these Booking Conditions, we limit the maximum we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount we will pay you is £1,000 unless a lower limit applies to your claim under this clause or clause 6(d) above. Please note that personal luggage claims are based on the value of the goods at the time they are lost and not on a new-for-old basis or replacement-cost basis. Therefore a deduction is made for wear, tear and depreciation.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total for their holiday unless a lower limitation applies to your claim under clause 6(d). The actual amount payable will vary according to the nature and seriousness of the claim.
(f) You must notify us of any complaint or claim in accordance with clause 15 “If You Have a Complaint”. For all claims, any person(s) to whom we make any payment (and their parent or guardian if that person is under 18) must also assign to us or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide us and our insurers with all assistance we or our insurers may reasonably require.
(g) Please note, we cannot accept any liability for any damage, loss, costs, expenses or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we or our suppliers could not have foreseen you would suffer or incur if we breached our contract with you or any loss relating to any employment and/or business transaction. Please also note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation supplier or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them. This also includes any excursion or activity you book or purchase in resort - please also see clause 6(i) “Excursions and Activities”.
(h) If you have had the misfortune to suffer illness, personal injury or death through misadventure during your holiday arising out of an activity which does not form part of your contracted holiday arrangements with us we will, in our reasonable discretion, offer to help where possible and appropriate in our reasonable discretion, by for example:
1) providing our general assistance;
2) paying your initial legal costs where you take legal action against the third party responsible for the injury, illness or death as a result (as long as we have agreed to pay them before you incur those costs and you have asked for our help within 28 days of the accident).
All assistance is subject to a maximum total cost to us of £1,000 per booking.
We will not provide help with legal costs if you have a Legal Expenses Section in your Holiday Insurance Policy or any other insurance policy on which you are entitled to rely. Also, if you successfully claim for these costs against a third party, we will require you to reimburse us for any costs we have paid for or to you up to the maximum amount of the costs you actually receive or are entitled to receive. Requests for our assistance under this section should be sent direct to the Customer Services, Adrenalin Rehab, 206 Liberator House, Glasgow Prestwick Airport, Prestwick, Ayrshire, KA9 2PT.
(i) Excursions and activities
We may provide you with information (on our website, in our brochure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting but which you cannot book with us in the UK, and which are therefore not purchased as a component part of your package holiday (as defined under the Package Travel, Package Holidays and Package Tours Regulations 1992).
We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. Where we or any of our local representatives make or take any booking for or from you in respect of any activity or excursion, we do so solely as booking agent for the organiser or operator of the activity or excursion. This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, on our website, in resort, or elsewhere. Your contract for any such activity or excursion will be with the organiser or operator of that activity or excursion, and subject to their terms and conditions, and to local law and jurisdiction.
Except as set out below, we cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 6(a) of our Booking Conditions or our Booking Conditions generally will not apply to them. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the organiser or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned.
In the event of any such liability arising on any basis, we are also entitled to rely on clauses 6(b), (c), (d), (e) (in relation to luggage and personal possessions) and (g). Any claim must also be notified in accordance with clause 17.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resort/area you are visiting generally, or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to resort/area information and/or such excursions and activities which can reasonably be expected to affect your decision to book a holiday with us, we will try to pass on this information at the time of booking.
Please note: we only act as booking agent where our local representatives have been formally authorised by us to sell or book the activity or excursion in question. Our local representatives are instructed not to sell or book any activity, excursion or other service which they have not been formally authorised to sell or book. We do not act as booking agent and have no other connection with or responsibility or liability for any activity or excursion where this is not the case. Any advice or assistance on or with any activity or excursion provided by any local representative does not mean or imply that the activity or excursion is sold by the local representative or ourselves or that any such advice or assistance is given on our behalf.
(j) If we become aware of any material alterations to the resort/area information which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
7 Adrenalin Rehab - Complaints Procedure
Please also see clause 15 “If you have a complaint” below which sets out the steps you must take in the event of your having reason to complain or make a claim. Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. In addition, it does not generally apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. The request for arbitration must be received by ABTA within 18 months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code of Conduct does not require such agreement.
Special Note: We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your contract or holiday must be dealt with under the ABTA Arbitration Scheme or brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us before booking your holiday.
8 Adrenlin Rehab - Conditions of Carriage
When you travel, the Conditions of Carriage of the company providing your transport will apply to your journey. These Conditions will limit and, in some areas, exclude the carrier’s liability to you, usually in accordance with applicable International Conventions (see clause 6(d)). Copies of these Conditions can be provided by your Travel Agent or ourselves (if you book direct) or the carrier itself upon request.
9 Adrenalin Rehab - Website, Brochure and Other Information
All information contained on our website or in our brochures or which is otherwise produced or published by us is based on information available at the time of publication. We reserve the right to change any website prices or other information before your booking is confirmed and the amended information will then form part of your contract with us. If any part of these Booking Conditions is found to be unfair or unreasonable, the remaining terms will still be valid. Whilst every effort is made to ensure the accuracy of this brochure, our prices and other information at the time of publication, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking. You must ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Your Commitment to Adrenalin Rehab
10. Adrenalin Rehab - Deposits and Special Requests
You must pay a deposit of £100 per person (short haul; Europe (including Tenerife holidays), or £150 per person (long haul; Canada) and £2.50 ATOL contribution, at the time of booking plus all appropriate insurance premiums if applicable. If booking within 10 weeks of your departure, you must pay the full cost of your holiday when you book. No deposit is payable for infants under two years of age at the time of return travel. For insurance requirements - see clause 12.
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your Travel Agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your holiday, it must be specifically agreed in writing with us before you book your holiday. General confirmation that a special request has been noted or passed on to the supplier, or the inclusion of a special request on your Confirmation/Invoice or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally. Please note, for any payment made by credit card there will be a processing charge of 3% of the holiday cost.
10b. Reduced Deposit Scheme
Low deposit offers may be available on certain bookings made. Please contact us for further details. The balance of the holiday would be due 10 weeks prior to departure. Upon cancellation, the standard cancellation terms and conditions will apply. For cancellation outside of 90 days from departure, the normal deposit amount of £130 / £150 or such other amount as set out above (as applicable) will apply and you will be invoiced the difference between the low deposit amount and the full deposit amount.
10.1 Adrenalin Rehab - Paying the Balance of Your Holiday and Payment Plans
Our Confirmation/Invoice will show the total price you must pay for your holiday. If any additional charge for any additional services becomes payable which is not included in our promise not to surcharge e.g. costs relating to special requests made by you (see clause 2), a revised Confirmation/Invoice will be sent to you showing that charge. We must receive the full cost of your holiday (less any deposit(s) which you have already paid) no later than 12 weeks* before departure or within seven days of the Confirmation/Invoice date, whichever is later. If you book through a Travel Agent, you should make sure that you pay the Travel Agent in enough time to allow the money to reach us by this deadline. If you decide to select the option to pay in full at the time of booking, you may do so, but this will not change any of the conditions which form part of this contract. If you book within 12 weeks of your departure, you must pay the full cost of your holiday when you book.
If for any reason the full cost of your holiday is not received by us or your Travel Agent on time, we or your Travel Agent will write and tell you that the payment is overdue. If it is still not received by us or your Travel Agent within seven days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you and keep your deposit or, in the case of bookings made under the ‘low deposit’ offer, you will also be liable for the balance of the deposit.
If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 12 in the event of subsequent cancellation, depending on the date we reasonably treat your booking as cancelled. Where we are selling a flight-inclusive package holiday, all money you pay to a Travel Agent (or an Accredited Body member) for that holiday will be held by the Agent (or Accredited Body member) on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the Agent's (or Accredited Body member) obligation to pay the money to us for so long as we do not fail. In the event of our failure, any money held at the time by the Agent (or Accredited Body member), or subsequently accepted from you by the Agent (or Accredited Body member), is and continues to be held by that Agent (or Accredited Body member) on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. Where we are selling a package holiday that does not include a flight, all money you pay to a Travel Agent for your holiday with us will be held by the Agent on our behalf until it is paid to us. Please note this does not apply to any money paid to the Travel Agent for any services not provided by us (for example Travel Agent’s administration fee or service charge or car parking). Please note, for any payment made by credit card there will be a processing charge of 2.5% of the holiday cost.
*The ‘balance due date’ is subject to change and may vary, but it will be confirmed to you
at the time of booking.
10.1a Adrenalin Rehab - Easy Payment Plan
An easy payment plan may be available for parties securing bookings in advance upon request. Payments will be laid out on the booking invoice with dates and payment details made available. You will be reliable to make payment upon the said payment date and in the event of failure to do so we will write to tell you that the payment is overdue. In the event the payment is still not received by us within 7 days of receiving the reminder we will be entitled to treat your booking as cancelled by you and keep your deposit or, in the case of ‘low deposit’, you will also be responsible for the deposit balance.
11 Adrenalin Rehab - Should You Change Your Booking
Should you wish to make a change to your existing holiday booking we will do our utmost to make this change but it may not always be possible. We will not charge an amendment fee for any such change we make, but you will be charged for any and all further costs we incur in making this change. Such changes include, but are not limited to, name and date changes. In addition you must also pay any charges imposed by our suppliers, or administration costs incurred making contact with suppliers (including but not limited to transport or accommodation providers) for any changes whatsoever, where applicable. Changing from one holiday, to a different holiday, will not be treated as a change but as a cancellation (see clause 12) and a new booking will need to be made.
Please note that it may not be possible to make changes to your booking within 10 weeks of departure but where we are able to do so this will be treated as a cancellation and re-booking by you, and therefore a cancellation charge as set out in the table in clause 12 below shall apply. Where the price of your holiday depends on the number of people booked into the accommodation or guided cycle tour and someone in your party cancels, the price will be recalculated on the basis of the new number of people going. We will then send you a new Confirmation/Invoice. Any increase in what you have to pay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge. Also, you may not change from any holiday featured in any other brochure or on any of our websites to one of our Late Availability, or any other Special Offer holidays.
12 Adrenalin Rehab - If You Cancel Your Booking
If you wish to cancel all or part of your booking, you should ask your Travel Agent to write to us or, if you booked direct, the person who made the booking must write to us. If some or all of your party cancel their holiday we are entitled to treat your booking as cancelled in accordance with these Booking Conditions, and we will levy a cancellation charge on the scale shown in the table below. These charges are based on the estimated cost of cancelling your holiday and the expenses and losses we are likely to suffer if we cannot resell the holiday.
No. of days before you departure we receive your written cancellation or we cancel as mentioned above as per the amount you must pay per person cancelling
More than 70 days - Full standard deposit (2 years of age and over)
57-70 days - 30% of holiday cost* or the deposit if more
29-56 days - 50% of holiday cost* or the deposit if more
23-28 days - 70% of holiday cost* or the deposit if more
16-22 days - 80% of holiday cost* or the deposit if more
8-15 days - 90% of holiday cost* or the deposit if more
Within 7 days of departure or after - 100% of holiday cost*
There are also cancellation charges that apply to specific attractions in the event you cancel the ticket(s) (but not the holiday itself). For example, in relation to bike rental, if you cancel a bike rental, a bike bag or Garmin rental (but not the holiday itself) we may charge 50% for each rental outside 40 days of departure. If you cancel a bike, a bike bag or Garmin rental within 40 days of departure there shall be no refund. *"Holiday cost" does not include insurance premiums and any handling/amendment fee or other costs paid if you changed your booking. These premiums and/or charges are not refundable in the event of your cancellation. Please also see clause 11 above.
If you are travelling on a scheduled service flight and/or low cost carrier flight the cancellation fee will solely depend on the amount we are able to obtain back from the air carrier for your ticket (if any) and therefore the cancellation fees as set out in the table above may be higher. If the reason for your cancellation falls within your insurance cover, you should be able to claim a refund of your cancellation charges from the insurance company less any applicable excess.
If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not want to take the holiday, you may transfer the booking to someone else deemed acceptable to us, providing you meet the following additional requirements:
(a) You must write to us with full details of who cannot or does not want to go on holiday and who you would like to go instead. We must receive this information at least 14 days before the start of the holiday.
(b) If the change can be made, you will have to pay an amendment fee of £15 per person named on the booking together with any extra costs we incur or are asked to pay in order to make the change (see point (d) below).
(c) Everyone who goes on holiday in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which apply to the holiday before the change can be finalised. If the full cost of the holiday should already have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.
(d) Please note, scheduled airlines often do not allow any name changes within a certain time of the start of the holiday and generally not at all after flight tickets have been issued. If you want or need to make a name change when an airline will not allow it, you will have to cancel the original flight (which means you will lose all the money you have paid for that flight) and pay the full cost of another flight (which may not be the original flight or at the same cost as the original flight as the airline is entitled to offer the cancelled flight to anyone on a waiting list for it). This is the airline’s decision and we have no control over it.
13 Adrenalin Rehab - Your Holiday Insurance
Adequate and appropriate travel insurance is essential for your protection. Each member of your party must have either the holiday insurance policy we offer which is arranged by ERV Insurance Services Ltd or another policy giving at least equal cover. It is your responsibility to ensure that the insurance cover you purchase is adequate and appropriate for the particular needs of you and your party but it should at a minimum cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays or loss of baggage and personal possessions. We do not check alternative insurance policies. Please read your policy details carefully and take them with you on holiday.
14 Adrenalin Rehab - Your Responsibilities
(a) You must ensure that you and your party have valid acceptable passports, provided any Advance Passenger Information (API) or Electronic System for Travel Authorisation (ESTA) data and secured any appropriate visas required for your holiday (including your journey to and from your holiday destination) - see information on API/ESTA and Passports & Visas in the Essential/Holiday Information section for more details. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry or submit correct documentation or data. Many of the airlines that provide the flight element of the arrangements we sell impose fines and costs on us if any passengers who have booked with us do not have the necessary travel or other documents for the countries they are visiting or passing through, even where this occurs through no fault of ours. In this situation we have no choice but to pass on to you all fines, costs, surcharges, other financial penalty and other sums of any description which are imposed on or incurred by us. You will be responsible for reimbursing us accordingly in full.
(b) You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure (see also the information on Holiday Healthcare and Safety in the Essential/Holiday Information section for more details).
(c) Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have written confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
(d) You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your holiday arrangements if your behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any airline pilot, accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate the holiday arrangements due to your unacceptable behaviour. In this situation we will then have no further responsibility for you (including any return travel arrangements). If your unacceptable behaviour means you're not allowed to board your outward flight we will treat your booking as cancelled from that moment and you will be required to pay any unpaid balance of the holiday, without deduction for the unused part of it. If your holiday has been paid for in full, you will receive no refund for the unused part of it. You will be responsible for fully paying all damages occasioned by your behaviour.
(e) Prior to booking, you must tell us if you or any member of your party is unwell, infirm, disabled or has reduced mobility, giving us full details (including any relevant requirements) at the same time. If in our reasonable opinion, your chosen holiday is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the holiday is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause 14 must be paid by the person concerned, and we will have no liability for any other costs or expenses you incur as a result.
15 Adrenalin Rehab - If you have a complaint
Please also see clause 7 “Our Complaints Procedure”. This sets out how any unresolved claim or disputed matter (or other matter between us) may be dealt with if you or we wish to pursue it. Please in particular see the Special Note to clause 8.
We do our best to give you an enjoyable, trouble-free holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint you must tell the Supplier, or local Agent or representative as soon as possible so that it can be sorted out at the location. If your complaint cannot be resolved there and then, you must complete a Report Form on tour or in the resort. You'll be given a copy of this to keep. You must also tell the supplier you are complaining about. If you remain dissatisfied you must then write to us at Customer Services, Adrenalin Rehab, 206 Liberator House, Glasgow Prestwick Airport, Prestwick, Ayrshire, KA24 5HL with full details, giving your holiday reference number and daytime and evening telephone numbers.
We will do our best to help you but our ability to do so will be hindered if you do not first report the complaint in resort. It is difficult and sometimes impossible to carry out a proper investigation of a complaint if we are not told about it reasonably quickly. Consequently, any compensation you may claim could be reduced or lost if you delay. If the problem or complaint concerns the negligence of any of our suppliers, sub-contractors or agents (as opposed to any negligence on our part or the part of any of our employees acting within the course of their employment), it is particularly important to follow this procedure.
We strongly recommend that:-
(1) any written complaint or claim that does not involve death, personal injury or illness be made to us within 14 days of your return to the UK; and
(2) any written complaint or claim that does involve death, personal injury or illness he made to us within 3 months of your return to the UK.
16 Adrenalin Rehab - Your Financial Security
We provide full financial protection for our package holidays. When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive a confirmation invoice and an ATOL certificate from us (or from our authorised Travel Agent if you didn’t book direct with us) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 10446. The ATOL certificate lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. 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.
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.