37. If you had a Problem If a problem remains unresolved during your holiday, you should make a complaint in writing to Jules Verne Ltd within 28 days of the completion of the holiday. Please direct your correspondence to our Customer Experience team at customerexperience@vjv.com quoting your booking number and a daytime telephone number. We will acknowledge your correspondence as soon as possible and aim to reply to you within 28 days, as set out within ABTA’s Code of Conduct. We are a member of ABTA, membership number V1661. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. You may wish to refer any unresolved matters relating to this contract to ABTA’s scheme for the resolution of disputes, which is approved by the Chartered Trading Standards Institute. You must have previously filed your complaint with ABTA in order to qualify for their ADR services. (See section 39 for further advice on Law & Jurisdiction.) For more information on the Code and ABTA’s Alternative Dispute Resolution (ADR) services please visit www.abta.com. General Information 38. Health, Safety & Security Abroad We take the safety and security of our clients extremely seriously. If the Foreign, Commonwealth & Development Office advises that people should not visit a particular destination and we reasonably believe this is going to affect your holiday arrangements, we will act on this and we reserve the right to cancel your holiday. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many of the countries we feature in this brochure are not as stable as we are used to in the United Kingdom. Sadly, crimes against both people and their property are a fact of life the world over, and when in a foreign country it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc. Travellers have the same responsibility for their health, personal safety and that of their possessions as they do at home. We sell holidays to many parts of the world, some of which do not conform to British health and safety standards. We request that all hotels comply with the local regulations applicable in their country for health and safety but we cannot guarantee that these meet British standards and therefore urge that you undertake reasonable precautions to protect your family and yourself whilst on holiday. To make the most of your trip abroad, check out the Foreign, Commonwealth and Development Office website at https:/ www.gov.uk/foreign-travel-advice. Packed with essential travel advice and tips, this website offers a wealth of country-specific information that only the FCDO can provide. 39. Law & Jurisdiction We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description (hereinafter referred to as “claim”) which arises between us (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see 6.3) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). 40. Data Protection Policy In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (“sensitive personal data”). All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us. We may disclose personal data to companies within the DER Touristik Group for business purposes and to companies who act as data processors on our behalf. In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling. For information on how we collect, process and manage your data in line with the General Data Protection Regulation please refer to vjv.com/legal/#Privacy-Policy. You are generally entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. Please identify any such enquiry as a Subject Access Request and direct your enquiry to a member of our Customer Experience team, who will respond to you within one month. In certain circumstances we are entitled to refuse your request. If you believe that any of your personal data which we are processing is incorrect, please contact us immediately so it may be updated.
accommodation, immigration rulings etc. Where long flight delays result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let. 30. Our Commitment to you for your Holiday Arrangements (a) We promise to ensure that the holiday arrangements we have agreed to make, perform or provide as part of our contract with you are delivered with reasonable skill and care. 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 the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. You must inform us without undue delay of any failure or improper performance of the travel services included in this package. It is your responsibility to show that reasonable care and skill has not been used if you wish to make a claim against us and we will only be responsible for what our employees, agents and suppliers 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 and suppliers). (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 or any member(s) of their 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 - unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. See ‘force majeure’ as defined in section 28 – Changes Due to Circumstances Beyond Our Control. (c) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is three times the price the person affected paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected. (d) Further to (b) above, our liability will also be limited in accordance with and/or in an identical manner to: i) The contractual terms of the companies that provide the travel services which make up your package. These terms are incorporated into this booking; and ii) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any other applicable conventions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with these conventions, where applicable. (e) Under English and EU law 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 relevant airports and will also be available from the airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the CAA www.caa.co.uk. (f) 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 us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable care and skill as set out above and we do not have any greater or different liability to you. (g) The promises we make to you about 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. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the arrangements in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in 5.11(a). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care. (h) Our suppliers (such as airlines, accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions
may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier. (i) If we make any payment to you or any member of your party for death, personal injury or illness, you must agree to transfer to us or our insurers any rights you may have to take direct action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment that we make. (j) Operational decisions may be taken by air carriers and airports resulting in delays, diversions, overbookings, downgrades or rescheduling. Jules Verne Ltd has no control over such decisions and is therefore unable to accept responsibility for them. Where, as a result of unavoidable and extraordinary circumstances we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday. (k) Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Jules Verne Ltd, and for whom Jules Verne Ltd acts only as an agent (if we make a booking for you). If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your contracted holiday arrangements with us. See 1.39 – Services Outside of your Contract with Jules Verne Ltd. The contract will be subject to the excursion/activity provider’s terms and conditions, some of which may exclude or limit its liability to you and will be governed by local law and jurisdiction. Jules Verne Ltd accepts no liability for any breach of contract or act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy. 31. If we Curtail your Holiday after Departure Very rarely, we may be forced by “force majeure” (see section 28 – Changes due to Circumstances Beyond our Control) to change or terminate your holiday 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 (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. Please ensure you have adequate travel insurance in place to cover any such eventuality. 32. Curtailment If you cut short your holiday and return home early in circumstances where i) you have no reasonable cause for complaint about the standard of accommodation and/or the holiday services provided, or ii) any lack of conformity could reasonably have been remedied via the provision of alternative arrangements or an appropriate price reduction, your decision to curtail will be deemed elective and we will not offer you any refund for the unused elements of your holiday that were not completed, or assist with any associated costs that you may incur while returning home. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them. 33. Behaviour If in our reasonable opinion or in the opinion of any other person in authority, your behaviour is causing or is likely to cause danger, upset or damage to property or is persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation will be paid to you or any member of your travelling party and we will have no further responsibility for your holiday arrangements, including return travel. 34. If you have a Complaint while you are on Holiday You must bring any complaint to the attention of our local representative or agent and the hotel immediately and they will do their best to rectify the situation. If matters remain unresolved, your concerns must be brought to the attention of the Jules Verne Ltd Duty Officer, without undue delay (see section 35 – Emergency Duty Officer). It is unreasonable to delay or take no action whilst on holiday, but then to complain upon your return and this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with. 35. Emergency Duty Officer Jules Verne Ltd offers 24-hour assistance for emergency situations and to help resolve any general issues while you are on holiday. Many destinations have local representation and they should be contacted in the first instance, should you have a problem. On Return from your Holiday 36. Surveys As a valued customer, we may periodically send you email surveys to complete, so we can track your satisfaction throughout the course of your booking journey. We would like to know about your experience with Jules Verne Ltd before, during and after you travel and whether there are any elements of our service that you feel we could look to improve along the way.
99 For more information & to book online visit vjv.com or call us on 020 3993 2447
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