1. The Contract
The Booking Form, these Conditions, the brochures of which the Booking Form forms a part (if any) and any acceptance of a booking by Emirates Holidays (“the Company”) form the sole basis of the contract between the Company and the person signing the Booking Form (“the Client”) (who is deemed to sign for himself/herself and is agent for all persons included in the booking whether named or not). No employee or agent of the Company has authority to vary these Conditions. In these Conditions “Emirates Holidays” means Emirates, the airline, trading as Emirates Holidays. The Contract between the Company and the Client shall be governed by and construed in accordance with the laws of and applicable in Dubai and subject to the jurisdiction of the Courts of Dubai.
2. Booking
(a) A booking is made by a Client who submits a duly completed and signed Booking Form accompanied when appropriate by the required deposit or full payment. The Company will not accept any bookings other than those received on a completed and signed Booking Form (see rear of this brochure). A booking is accepted by the Company only if and when it issues confirmation of its acceptance of the booking and availability of the relevant accommodation, flights and other relevant facilities. Once the full payment has been made for an accepted booking, the Company will issue to the Client a Miscellaneous Charges Order or other suitable document. The Client will be required to present this to the relevant hotel, car hire or other supplier of ground services included in the booking in order to obtain the relevant services.
(b) Where a booking is made directly by a Client with the Company, communications to the Client will be sent to him/her at the address given in the Booking Form. Where a booking is made through a travel agent, communications from the Company will be sent to the agent who, as regards communications from the Company to the Client, is the agent of the Client. All monies paid to the travel agent are held by it as agent of the Client until such time as the booking may be accepted by the Company and thereafter as agent of the Company.
3. Payment
For bookings requested the specified deposit must be paid at the time of request. Once confirmation is received and advised to the Client, the specified deposit must be paid within 48 hours of the advice being given. If any money, be it a deposit or full payment, is not received by the due date, the Company reserves the right to treat the booking as cancelle by the Client who will then be liable for cancellation charges specified in Clause 7 (b)(ii) below. Please refer to the cancellation grid on the opposite page. If, for any reason, a booking is not accepted by the Company, all monies paid to the Company by the Client for that booking will be refunded and the Company shall not have any further liability to the Client.
4. Facilities included in or excluded from holiday price
The price of any holiday booked includes only the items specified. It does not include items of a personal nature including, but not limited to, personal insurance, transport to departure airport, refreshments, meals unless specified, optional excursions, passport and visa fees, porterage, gratuities or taxes, unless otherwise specified, which shall in each and every case be the responsibility of the Client. Hotel check-in/check-out times are fixed and there are no guarantees for early/late check-in/out unless paid for.
5. Travel documentation
It is the responsibility of the Client to obtain and carry a valid passport and any other documents including visas and international certificates of vaccination required for travel to, from and in the holiday destination. The Company shall not be liable for any inconvenience, expense, loss or damage of any kind if incurred by the Client by reason of failure to obtain or produce, or by the loss of, such documents.
6. Prices
All fares and prices quoted here are indicative only and are correct at the time of printing (February 2009). Such fares, prices and international rates of exchange are subject to change, which in turn may affect prices quoted here. In spite of a deposit or full payment being made, any such increase in price must also be paid by the passenger. If the increase is unacceptable, the passenger retains the right to cancel his/her booking. However, attention is drawn to the possibility that some cancellation charges may be imposed covering the Company’s cancellation cost. Business and First Class supplements are available on request. The Company reserves the right to vary holiday prices. Please check with Emirates Holidays for the applicable price.
7. Change or cancellation of bookings - General
(a) By the Company
(i) It is unlikely that the Company will have to make any alteration to a booking which has been accepted by it, but sometimes circumstances change and alterations have to be made. The Company reserves the right to make alterations but if any such alteration is material it will offer the Client the alternative of accepting the alteration or accepting any other holiday which may be offered by the Company or cancelling the booking and receiving a full refund of all monies paid. A material change for this purpose means (A) a change to the departure date (but not a change to flight times or flight or flight routes) or (B) a change to a lower standard of accommodation. If the Client accepts a change to a lower standard of accommodation, a refund will be made to reflect the lower cost of accommodation. The Company shall not be liable for any changes to a holiday made after departure due to events beyond its control. Examples of events beyond the control of the Company include but are not limited to war or threat of war, civil disturbance, political unrest, terrorist activities, industrial disputes, strikes, fire, floods and other natural disasters, acts of God, acts of government, closure of airports, weather and failure of a carrier, hotelier or other person to operate services for any reason.
(ii) The Company may cancel a booking at any time when necessary because of events beyond its control, or an over booking which arises from the default or omission on the part of any person such as a carrier or a hotelier providing any services comprised in the booking. The Company will inform the Client of any such event as soon as practicable, and at its discretion refund monies paid or, where practicable, offer the Client a comparative alternative holiday for any booking, so cancelled. The Company will be under no further liability to the Client whatsoever in such circumstances.
(b) By the Client
(i) If the Client wishes to change his/her booking, the Company will endeavour to accommodate these changes. In view of the additional work involved the Company reserves the right to make a charge of USD 50 each time a change or amendment is made to a confirmed booking at the Client’s request. Any alterations to a confirmed booking requested less than two weeks before departure will be treated as a cancellation of the Client’s original booking and cancellation charges as detailed in paragraph 7 (b)(ii) below will apply. Any new arrangements will be regarded as an entirely new booking. All requests for alterations must be made or confirmed in writing.
(ii) Should a Client be forced to cancel a booking the Client must give the Company written notice signed by the Client. Cancellation will take effect on the date of receipt by the Company of such written notice. To cover the estimated loss to it caused by cancellation, the Company reserves the right to make a charge which is payable by the Client in accordance with the scale outlined at the end of this page. The Client’s attention is drawn to the Insurance cover availablefrom the Company to protect against such risks. Refunds will not be made for services not used by the Client except in accordance with the above provisions where notice of cancellation of a booking is received by the Company.
8. The Company’s responsibility and conditions of carriage
(a) General
(i) The Company does not accept, and hereby excludes all liability for the acts or omissions whether negligent or otherwise of airlines, coach operators, hoteliers or any person providing goods or services in connection with any booking, unless such person is either employed by it and acting within the scope of his/her employment or is its agent under its control.
(ii) The Company accepts no liability for any loss or damage caused by events beyond its control.
(iii) Where properties are not featured within the Company’s brochures, the Company will not be liable for any claims that such properties booked by the Client’s express request do not satisfy the Client’s expectations.
(b) Third Party Conditions
(i) The Company is not itself a provider of accommodation, ground services or tours nor does it control the third parties who provide such services in connection with the Client’s holiday.
(ii) All bookings are accepted and all arrangements are made by the Company subject to (A) any and all conditions imposed from time to time by airlines and sea, rail, and road carriers, car rental companies, providers of accommodation, catering and other services or other facilities connected with a booking and such conditions will apply to the Client as if they were incorporated into these Conditions and (B) any law, direction or order imposed from time to time by any competent authority.
(iii) Some of the Third Party Conditions referred to above seek to exclude or limit the liability of the third party concerned: for instance, the liability of airlines for personal injury (including death) or loss or damage to property and baggage is usually limited by conditions contained within the airline’s ticket and Conditions of Carriage (and/or by operation of law).
(c) Carriage by air by the Company
The terms, conditions and provisions in (or referred to in) the Company’s ticket shall apply in respect of carriage of a Client by the Company.
9. Complaints/Refunds
If the Client has a complaint/refund query about any aspect of his/her holiday it should be reported immediately to the Company’s local representative in the resort who will do whatever he/she can do during the holiday. If the problem is not resolved to the Client’s satisfaction any further complaint/refund query should be made by the Client in writing to Customer Affairs and Service Audit, Emirates, P.O. Box 686, Dubai, United Arab Emirates not later than 30 days following completion of the holiday, failing which no claim may be brought against the Company. There will be no refund on unutilised services.
10. The information contained herein is accurate at the time of publication. However, in the event of any difference between the products featured in Emirates Holidays brochure and those contained in this section, kindly contact your Emirates Holidays representative for further details.