UK Diamond Resort Packages is a trading name of ICE Europe Ltd., a company registered in England under company number 03793955, whose registered office is at 79 College Road, Harrow, HA1 1BD. (“ICE”). The following Booking Conditions together with the General Information found in our publications and on our website form the basis of your contract with ICE (“con- tract”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, “you” and “your” means all persons named on the Booking Form (including anyone who is added or substituted at a later date). “We”, “us” and “our” means ICE.
Bookings are made either over the telephone, by email or via our website. We will take details of your proposed booking either over the telephone, by email or via our website from the Party Leader, who makes the booking on behalf of the whole group. Travel products and services are subject to availability. Generally, we act as agent for third party suppliers such as airlines, hotels, insurance companies, tour operators and others (collectively “Travel Supplier(s)”. Details of the Travel Supplier with whom you book will be confirmed to you during the booking process. As such your contract will be directly with the Travel Supplier and the Travel Supplier’s own terms and conditions will apply to that contract in addition to those set out here (copies of which are available upon request). We will process your booking in accordance with these Booking Terms and Conditions in relation to bookings as agents in these circumstances. However, if you book a pre-arranged combination of at least two out of the following: (a) transport,
(b) accommodation or (c) other tourist services (not ancillary to any of (a) or (b) above), which last at least 24 hours or include overnight accommodation, and the bookings (a) form a significant part of the arrangements through us, (b) are booked at the same time, and (c) you pay an inclusive price to us, then ICE will once your package holiday has been confirmed we will accept responsibility for it in accordance with these Booking Terms and Conditions as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 (and any amendments thereto). This type of booking is known as an “ICE Package Booking” and the terms relevant to an ICE Package Booking as set out in these Booking Terms and Conditions will apply to our contract with you in these circumstances. If you had not seen these Booking Terms and Conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them, you may cancel your booking and your monies will be returned in full, provided that you (a) have not commenced your travel, (b) return all documentation to us or to your travel agent within seven (7) days of receiving these Booking Terms and Conditions, and (c) your booking was not made within sixteen (16) weeks of travel.
You will be told at the time of making your booking what the price of your flight, travel services or ICE Package Booking are and whether you are required to pay the total cost straight away, or if you are able to pay a deposit and make subsequent payments on the balance for the cost of your holiday. You must make payment in full if your booking is made within sixteen (16) weeks of departure, or if your booking is for a scheduled flight only. In order to confirm your chosen arrangements, you must pay a per person deposit at the time of booking. The balance of the cost of your arrangements must be received by us not less that sixteen (16) weeks prior to departure. The departure date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we, or the Travel Supplier (if we are acting as agent on behalf of the Travel Supplier) reserve the right to treat your booking as cancelled by you, for which cancellation charges may apply in accordance with these Booking Terms and Conditions for bookings with us for an ICE Package Booking, or in accordance with the other Travel Supplier’s terms and conditions if your booking is with another Travel Supplier for whom we are acting as agent. Other Travel Suppliers (if you are not booking an ICE package Booking with us) may not provide a refund of any monies paid, depending on how close you are at to the time of departure. The Travel Suppliers set out their own cancellation charges policies in their terms and conditions of supply and we would draw your attention to these.
Mastercard and Visa credit card payments are subject to a card fee surcharge of 2% of the value of transaction. Payment by American Express is subject to a card fee of 2%. There is currently no charge for payment by Delta or Switch debit card issued by a UK bank. We reserve the right to change these surcharges should our card processors increase or decrease their charges to us or if VAT becomes payable on these charges.
When we confirm your booking, a legally binding contract is formed either:
i. between you and us for an ICE Package Booking; or
ii. between you and the Travel Supplier in all other cases.
(a) ICE Package Booking only
We reserve the right to make changes to and correct errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. Once the price of your chosen arrangements has been confirmed at the time of booking, then, subject to the correction of errors, we will only increase or decrease the price in the following circumstances: Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs (including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports) and exchange rates mean that the price of your travel arrangements have changed after you have booked. In any event, we will not levy a surcharge with- in 30 days of departure. No surcharge will be levied unless the amount of an increase in our costs exceeds 2% of the total price of your arrangements (excluding insurance premiums and any amendment charges). If a surcharge is levied, it will also include an administration charge of £2.50 per person. If any surcharge is greater than 10% of the price of your arrangements (excluding insurance premiums and any amendment charges), you will be entitled to choose one of options (i) (ii) or (iii) set out in clause 8 (a) below.
Although insurance (where purchased through us) does not form part of your contract with us or of any ICE Package Booking, we will consider an appropriate refund of any insurance premiums you have paid to us in the event of cancellation or purchase of an alternative holiday if you can show you are unable to use/reuse or transfer your insurance policy.. You have fourteen (14) days from the issue date printed on the surcharge invoice to tell us whether you want to choose option (ii) or (iii) as set out in clause 8(a) below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you wish to pay the surcharge. Any surcharge must be paid with the balance of the cost of the arrangements or within fourteen (14) days of the issue date printed on the surcharge invoice, whichever is the later. Should the price of your ICE Package Booking go down due 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. The cost of your ICE Package Booking are calculated using exchange rates quoted in the Financial Times Guide to World Currencies, as per our website and other publications.
Where we act only as agent for a Travel Supplier we reserve the right to pass on to you, in full, all additional costs and charges of whatever nature imposed by the Travel Supplier in accordance with its own terms and conditions.
Should you wish to make any changes to your confirmed arrangements, you must notify us as soon as possible. Whilst we will endeavour to assist, we cannot guarantee any such requests will be met. Please note that requested changes may incur an additional fee of up to10% of the cost of the holiday in certain circumstances, and/or if the Travel Supplier applies such a charge in order to comply with the change (where your booking has been made with another Travel Supplier by us acting as agent). Where your requested changes can be met, we will charge an amendment fee of £15 per person/per booking. If we are acting as agents for other Travel Suppliers, then we shall also be entitled to charge any costs or charges which may be imposed by the Travel Supplier.
A transfer can be requested provided that your reason for such a request is serious illness, jury service, redundancy, or unavoidable work commitments (with supporting documentary evidence). You or the transferee must also pay any sums due before a transfer is authorised and the transferee agrees to all the Booking Terms and Conditions contained herein. In order to complete a transfer your request must be received in writing at least 30 days before departure with full details of the transferee, documentary proof and payment of £15 per person. If we are acting as agents for other Travel Suppliers, then we shall also be entitled to charge any other costs or charges imposed by the Travel Supplier.
If the Travel Supplier of your travel arrangements needs to cancel or amend any part of your travel arrangements, then they shall notify us in writing and we shall inform you as soon as we have received notice from them.
Should you or any other member of your party need to cancel your chosen arrangements once they have been confirmed, the Party Leader must immediately advise us in writing at our offices. Your notice of cancellation will only be effective when it is received in writing by us. Our cancellation charges (which reflect the genuine cost to us), or the cancellation charges that are imposed by the Travel Supplier (where we are acting as agent in arranging the travel services you have booked) shall apply and you will be informed of these at the time of booking. Please note that insurance premiums and amendment charges are not refundable in the event of cancellation.
Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below. Please note that if the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges: Period before departure when written cancellation has been received, according to the charge per person: More than 84 days – Deposit only
Between 83 – 57 days – 55% or deposit if greater Between 56 – 42 days – 75% or deposit if greater Between 41 – 14 days 90% or deposit if greater
Less than 13 days 100% of total holiday cost
Where we act as agent for a Travel Supplier, we reserve the right to pass on to you in full the cancellation charges imposed by the Travel Supplier in accordance with its terms and conditions. You will be notified by the Travel Supplier at the time of cancellation. Please note that the cancellation charges vary between Travel Suppliers and, where it is practicable and where we are acting as agent for the Travel Supplier, we will provide you with the applicable booking conditions at the time of booking. We advise you to read the cancellation provisions carefully.
We consider adequate travel insurance to be essential and it is a condition of your contract with us for your holiday booking that necessary travel insurance is in place. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. Please read your policy details carefully and take it with you on your holiday.
(a) ICE Package Booking
We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in published and other details both before and after bookings have been confirmed, and sometimes have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor, though occasionally we have to make a Significant Change. “Significant Changes” include but are not limited to the following:
(i) changes when made before departure:
(ii) a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away;
(iii) a change of accommodation area for the whole or a major part of the time you are away;
(iv) a change of outward departure time or overall length of time you are away of twelve or more hours; or,
(v) a change of UK departure point to one which is more inconvenient for you (a change between airports within or around the same city, for example, London Gatwick or Stansted Airports, is not a Significant Change). If we have to make a Significant Change or cancel your ICE Package Booking, we will tell you as soon as possible. We will not make a Significant Change later then eight (8) weeks prior to your departure date, unless in circumstances of force majeure (as defined in clause 9). If there is time to do so before departure, we will offer you the choice of the following options:
(i) accepting the changed arrangements; or
(ii) purchasing alternative arrangements from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference); or
(iii) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one, such as changes to the actual airline after you have received your tickets, for which you will be notified as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. If we have to make a Significant Change or cancel after the date on which the balance of the cost of your arrangements is due we may pay you compensation as set out in the table below: Period before departure when compensation is payable per person (excluding infants under two years old on the return date of travel):
More than 60 days = NIL Between 60–42 days = £20 Between 41–28 days = £30 Between 27–15 days = £40 Between 14–0 days = £50
Payment of compensation is subject to the following exceptions:
– Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where we are forced to make a change or cancel due to circumstances of force majeure (as defined in clause 9).
– No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Terms and Conditions entitling us to cancel (such as paying on time).
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. In all cases, our liability for Significant Changes and cancellations is limited to offering you the above-mentioned options and, if applicable, compensation payments. No compensation is payable for minor changes or where we make a Significant Change or cancel before the date on which the balance of your arrangements is due. Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds for services already provided and shall not be required to pay you any compensation or meet any costs or expenses you incur as a result.
If there is a change to your booking where we act as agent for a Travel Supplier we will pass on the new details to you together with any compensation that the Travel Supplier may offer. As we act only as agent for Travel Supplier we cannot accept any liability for any changes or cancellations made to these bookings.
Except where otherwise expressly stated in these Booking Terms and Conditions, we cannot pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Book- ing Terms and 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 may include (but are not limited to) war, threat of war, riot, civil strife, actual or threatened terrorist activity and its consequences, industrial disputes, natural or nuclear disaster, epidemics, fire, health risks, technical problems with transport, closed or congested airports or ports, adverse weather conditions of acts of God, fire and all similar events outside our control.
(a) ICE Package Booking
We endeavour to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are performed or provided with reasonable skill and care, and accept no responsibility for any death, personal injury failure or deficiency of your holiday arrangements unless caused by our failure or the failure of our agents or suppliers as applicable) to use reasonable skill and care in performing or providing the service in question. If ICE Package Booking contract is not performed or is improperly performed by us or our suppliers, and such performance has affected the enjoyment of your travel arrangements, we will pay you appropriate compensation unless the failure in the performance of the contract is due to:
(i) you or any member(s) of your party; or
(iii) a third party not connected with the provision of your holiday which we could not have predicted or avoided; or
(iii) an event or circumstance which we or the supplier of the service(s) in question could not have predict- ed or avoided even after taking all reasonable care; or
(iv) the fault of anyone who is not carrying out work for us (generally or in particular) at the time. We will not be responsible for loss of enjoyment or other problems with your booking for which we were not properly notified in time to correct. Please 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 hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by ICE and we have not agreed to arrange them. The services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question had been properly provided. We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. The maximum amount we will have to pay you for such non-personal injury claims if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. ICE accepts no liability for the acts and omissions of any third parties providing products or services to you or members of your holiday party outside the scope of your booking.
Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited in accordance with the applicable International Convention(s) or Regulations.
You must provide us and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18 years old, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
For Travel Supplier bookings, we act only as an agent and as such accept no liability in relation to those products or services or for the acts or omissions of the Travel Supplier, or any supplier(s) or other per- son(s) or party(ies) connected with that product or service. Please note the Travel Suppliers are entitled to limit their liability to you in accordance with applicable International Convention(s) or Regulation(s) and will only be liable to you in accordance with their own terms and conditions of supply.
In the unlikely event that you have any reason to complain or experience any problems with your arrangements whilst away, you must immediately inform our representative (if there is one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative (if there is one) and the supplier as soon as possible. Until we know about a problem or complaint, we or the supplier cannot begin to resolve it. If you are still not satisfied, you must write to us within 28 days of your return to the UK giving your booking reference, your contact details and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. Where we act only as agent for the Travel Suppliers we cannot accept any liability for your flight, accommodation or package holiday. Any assistance provided in resolving a complaint in relation to any such booking is provided on a goodwill basis and in our capacity as agent.
ICE is a member of the Association of British Travel Agents (ABTA membership no. L6366/Y1932). ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan.
We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct or the arbitration scheme available to you if you have a complaint, contact ABTA, 68–71 Newman Street, London, W1T 3AH, telephone: 0203 117 0500 or visit www.abta.com. Disputes arising out of, or in connection with, the contract which cannot be amicably settled may be referred to arbitration, if you wish, under a special scheme arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer 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 form. Neither does it 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 £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 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 does not require such agreement.
When you book with or through us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the supplier of any travel services that combine an ICE Package Booking or to the appropriate Travel Supplier where we book your travel arrangements as agent for such Travel Suppliers. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
Many of the services which make up your arrangements are provided by independent suppliers. The suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request forms ourselves or the supplier concerned.
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice 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. We regret we cannot accept any conditional bookings, i.e, any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
You are responsible for ensuring that you hold a valid passport, visa and all other requirements for your proposed destination and for ensuring that you are fit to travel and have taken the appropriate steps to ensure you have had all the necessary vaccinations and inoculations prior to departure – such requirements may change, so you must check the appropriate authorities for the most up-to-date requirements in good time before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalties being imposed on us, you will be responsible for reimbursing us accordingly.
Please note, the published information and prices may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking. Where we act only as agent to the Travel Supplier we will have no responsibility for any errors in any documentation, including pricing errors except where those errors where made by ourselves.
Under Regulation (EC) No. 261/2004 (“Regulations”), common rules have been established on compensation and assistance to passengers for denied boarding and cancellation of or long delay to flights. In the event that your flight is delayed or cancelled or you are denied boarding and wish to claim compensation under the Regulations, you have the right (in some circumstances) to make a claim directly against the 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 as reimbursement in such cases is the responsibility of the airline and you will not automatically be entitled to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061, www.auc.org.uk.
Please note that we aim to encourage the appropriate levels of safety standards from the businesses pro- viding the services abroad. However, these businesses are subject to local and national laws of the country in which they operate and often the safety requirements and standards are generally lower than in UK.
The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets which will be dispatched to you approximately two (2) weeks before departure. You must check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday prior to booking. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges.
In accordance with EU Regulation 2111/2005 we are required to advise you on the actual carrier operating your flight/connecting flight/transfer and we do this by listing carriers to be used or likely to be used on our website or in our publication materials. Any changes to actual airlines after you have received your tickets will be notified to you are soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than twelve (12) hours and changes to aircraft type.
ICE may assign these Booking Terms and Conditions to any third party and any such assignment shall be binding on customers.
Regardless of the customer’s nationality and except where the dispute is referred to arbitration, these Booking Terms and Conditions shall be governed by and be construed in accordance with the laws of England and the English Courts shall have exclusive jurisdiction. In cases of conflict or inconsistency, where these Booking Terms and Conditions are translated into a language other than English, the English text shall prevail.