TERMS & CONDITIONS
Please read the following conditions carefully. All holidays are sold subject to these conditions and the other general information below.
Your contract is with Jarvis Journeys’ tour operator principal Avion Holidays, (the trading name of Luftavion Travels and Tours Limited), holders of ATOL 3590, issued by the Civil Aviation Authority.
AVION HOLIDAYS (hereafter referred to as ‘we’, ‘us’, ‘our’) book your flights, accommodation, and activities as outlined on your itinerary and the trading names we use are Avion, and ‘Avion Holidays’. In these Terms & Conditions, ‘you’ and ‘your’ means all persons named on the booking, or any of them as applicable (including anyone who is added or substituted at a later date).
Your contract and all matters arising out of it are governed by English law, and the jurisdiction of the English courts.
1. Booking your Holiday, Payment, Confirmation and Your Holiday Contract.
(i) All bookings are subject to these terms and conditions and the person (client) who confirms the booking guarantees that they have the authority to accept – and do accept- these booking conditions on behalf of all persons named on the booking.
QUOTATION & BOOKING INVOICE: The person named on the Quotation is responsible for the total price of the holiday and for accepting our terms and conditions on behalf of all people travelling. We will honour the quote for the Ground Arrangements (ie for hotels, surface transport, and activities) provided in your written quotation until the expiry date stated. However, all flight fares quotations may be liable to change by the time of booking, and we will advise you accordingly. Once the Quotation has been accepted we will issue a Booking Invoice confirming the costs involved and deposit amount required.
DEPOSIT & CONFIRMATION INVOICE/RECEIPT:
- Once we have received the applicable deposit/payment(s) due at the time of booking as per the Booking Invoice, we will start the process of confirming the holiday. By processing your payment we agree to accept your booking and a contract between us comes into force. Once all arrangements have been confirmed we will issue your Confirmation Invoice. By paying us the deposit, you and all people travelling on the holiday are agreeing to be bound by our full Terms & Conditions that can also be viewed at www.jarvisjourneys.com
- If we are unable to confirm all the arrangements we will discuss the alternatives and re-quote if necessary. If the alternatives are materially different, you will be offered an alternative or a full refund without any cancellation charges.
- Please check your Confirmation Invoice, and all tickets and documents we send to you, carefully, as soon as you receive them and contact us immediately if you think any details are incorrect. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets).We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
(ii) The deposit is part payment of the holiday. The deposit amount will be shown on the Quotation, Booking Invoice and the Confirmation Invoice related to your itinerary. In addition to the 25% deposit of the Ground Arrangements, full or part payment of certain elements of your holiday (such as flights or hotel advance bookings) may be required at the time of booking or at some point between booking and balance due date. The deposit and all such additional payments are non- refundable except as set out in clause 4.
(iii) The balance is payable by the “balance due date” specified on the Booking Invoice and the Confirmation Invoice, which is 3 calendar months before the departure date. Please note if we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all amounts paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 3 depending on the date we reasonably treat your booking as cancelled.
(iv) Full payment is required at the time of booking for all bookings made after “balance due date” as above – ie for bookings made 3 calendar months or less, prior to travel.
(v) the balance due must be paid on or before the applicable balance due date as specified on the Quotation and Booking and Confirmation Invoices.
PAYMENT METHODS: We accept payment by credit or debit card, OR by bank transfer, the details of which are shown on your QUOTATION, AND BOOKING INVOICE. All payments are to be made to Avion Holidays.
Exchange rate: The exchange rate is based on world value of the £ at the time of your initial Quotation, and is as published by Nat West Online Banking at such time. This exchange rate, is applicable to both the deposit and final balance payment.
INDIA National and State Taxes: Where decisions by the Indian Government result in national or state sales or industry related taxes being increased any time after a Quotation or Invoice has been issued, and prior to the commencement of travel, the amount of increase will be added to your Quotation or BOOKING or CONFIRMATION Invoice if, when and where applicable.
2. If you change your booking:
If, after the contract between us and you has come into existence, you wish to change your travel arrangements in any way, (for example your chosen departure date or accommodation), we will do our utmost to make these changes, but we cannot guarantee that such changes will be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £65 per person, and where a change can be made, we will charge for any additional costs incurred, including any costs imposed or incurred by any of our suppliers, and including for example cancellation charges that may be incurred for sectors cancelled. Please be aware that these costs could increase the closer to the departure date, so you should contact us as soon as possible.
You should note, for example, certain travel arrangements (eg Apex tickets or change of name on the ticket) may not be changeable after a reservation has been made and any alteration could incur a 100% cancellation charge of that part of the arrangement, and a full rebooking fee.
If you cancel your holiday:
You, or any member of your party may cancel your travel arrangements at any time. If you have to cancel part of the booking or cancel the entire booking, written notification by the person who made the booking, must be sent to us by recorded delivery post or by email and received at our office. As proof of receipt by email of your notification to cancel you must receive and retain written acknowledgement from us. Charges will be applied from the date the letter is received, or the email is acknowledged by us, according to the scale below. The charges are applied as a percentage of the total holiday cost, excluding:
- any amendment charges (non refundable in the event of cancellation)
- the deposit (non refundable in the event of cancellation)
- any amounts paid in addition to the deposit at the time of booking (non refundable in the event of cancellation)
- any amount paid before balance due date. (see clauses 1(ii) and I (iv) which are non refundable in the event of cancellation.
The following cancellation charges apply when your final balance due date is 56 days prior to departure. Please note, different cancellation charges may apply in relation to certain products – please see your quote for details.
Period before departure date within which written cancellation notification is received at our offices:
- Up to balance due date: upto 56 days before departure: Deposit and additional early payments only
- 55 – 43 days: Deposit, additional early payments and 30% of the remainder
- 42- 29 days: Deposit, additional early payments and 60% of the remainder
- 28 – 3 days: Deposit, additional early payments and 90% of the remainder
- Within 2 days: Deposit, additional early payments and 100% of the remainder
If you booked your holiday 56 days or less before departure, and paid for the holiday in full at the time of booking, then the cancellation charges in the table above apply for the periods from 55 – 43 days and less, as relevant to the date on which you notify us in writing of your cancellation.
VISAS: Failure or inability to obtain all required visas, for whatever reason, will result in the holiday having to be cancelled. In this event, this does not entitle you to cancel the holiday without paying the applicable cancellation charges and we reserve the right to pass on to you any charges incurred as a result, including cancellation charges.
If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Alterations or cancellations by you after commencement of travel
We will do our best to implement any changes to your arrangements you request once they have commenced, but we cannot guarantee this will be possible. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of booking the revised arrangements and the arrangements themselves.
As a basic principle, no refunds will be paid to clients who do not complete a tour. However where we ourselves are able to obtain a refund from hotels or principals for services not used, we will pass this on to you, less any reasonable administration charges.
THE IMPORTANCE OF TRAVEL INSURANCE: If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim cancellation charges. It is your responsibility to ensure you are properly covered by insurance from the time of booking. Please read your policy and take it on holiday with you.
4. If we change your holiday
Occasionally we have to make minor changes to and/or correct errors in itineraries both before and after bookings have been confirmed. Whilst we make every effort to avoid changes we reserve the right to do so if necessary. Most of these changes would be minor and we would advise you of them at the earliest possible date. We also confirm that we would not cancel your confirmed booking except for reasons of force majeure or failure by you to pay the final balance on time – ie by the “balance due” date, or to obtain the necessary visas.
A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could reasonably expect not to have a significant effect on your confirmed holiday. Examples of minor changes include, but are not limited to, alteration of your outward or return flight by less than 12 hours, changes to aircraft type, change of accommodation to another of a similar standard, or change of the timing or aspects of sightseeing arrangements.
Occasionally, however, we may have to make a significant change to your confirmed arrangements. Significant changes are deemed to be the following:
- Where we are advised (in advance prior to the day of departure) by the airline that there will be a change of UK departure airport except between the airports serving London i.e Gatwick and Heathrow
- Where we are advised (in advance and prior to the day of departure) by the airline of a change of your scheduled time of departure from the UK by more than 12 hours. (significant changes are not deemed to be applicable where changes of departure times are caused by technical delays, or bad weather or other such force majeure before, on or after the scheduled day of departure. Such delays are the responsibility of the airline and not Avion.)
If we have to make such significant changes, we will notify you as quickly as possible and you may then either:
- accept the changed arrangements, and the contract between us will then be varied to incorporate the change; OR/li>
- take an alternative holiday of a similar standard to that already booked (and subject to availability). If the alternative arrangements selected are of a lower price than those originally confirmed, the difference will (if already paid) be refunded to you. If the alternative is more expensive, then you will have to pay the difference. Please note due to the original and individual nature of our holidays, it may not always be possible to offer a holiday comparable to that already booked; OR
- withdraw from and cancel the booking completely in which case we will, as soon as possible, refund all monies paid to us.
ou must advise us of your decision in writing or by email within 7 days oof the date on which we advised you of the significant change.
If you choose either the first or second option above – that is to accept the change or take the alternative arrangements, you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, of the amount shown in the table below.
Period within which you accept either the first or second option and the compensation payable per person:
More than 60 days before original date of departure NIL
60-43 days £20
42-15 days £40
14-0 days £60
If we cancel your holiday
We will only cancel your holiday for reasons of Force Majeure or your failure to comply with any requirement of these booking conditions entitling us to cancel (such as failure to pay the deposit or balance due, on time, or your failure to obtain your necessary visas). No compensation will be payable and the above options will not be available if we cancel your holiday under these circumstances.
5. Force majeure
Except as set out in these terms and conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss or damage (as more fully described in clause 6 (i) below) as a result of circumstances amounting to ‘force majeure’. In these terms and conditions ‘force majeure’ means any event or circumstances which we or the supplier of the services in question could not foresee or avoid even with all due care. Such events and circumstances may include, whether actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity, industrial action, natural or nuclear activity, epidemics/pandemics, adverse weather conditions, fire and all similar events outside our control.
6. Our Responsibility
(i) We promise 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 arranged, performed or provided 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 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. Please note, it is your responsibility to show that 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 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). We will not be responsible for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(a) the fault of the person(s) affected or any member(s) of their party, or
(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided, or
(c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 5), or
(d) the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
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 in our brochure, and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday.
(ii) 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 holiday in question.
(iii) 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. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, 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 twice the price (excluding any amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £150 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see clause 7(iv) below.
(iv) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and/or 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. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail). Please note: Where a carrier or hotel 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 similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(v) You must provide ourselves 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 9 below.
7. Flights and Your Responsibility
Check In, flight documents: We can accept no responsibility if you arrive late for the check in and miss your flight as a result nor can we accept responsibility for any loss by you of your holiday/flight travel tickets, documents, passports, vouchers or coupons. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of intercontinental carriers differ from those actually flown by smaller local carriers.
Seating: Clients flying in economy class to long-haul destinations should be aware that flights are often full and you may not be able to get seats together. We also recommend that you check in early for a long flight, and in any case not less than 3 hours before the scheduled departure time.
Flight delays and cancellations etc: If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements.
The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
8. Your Responsibilities
Conduct: You undertake to behave with propriety and in such a manner as in no way causes or is likely to cause distress, danger or annoyance to other clients and/or any third party or damage to property. If, in the view of ourselves, our employees, agents or suppliers, you are in breach of this clause, we reserve the right to terminate your contract and neither we nor the providers of any of the services in question will have any further contractual obligations to you either in respect of covering any expenses, paying any compensation or refunds, or arranging for your return home.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier concerned. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known.
If the actual cost is less than the amount paid, the difference will be refunded. 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.
Travel documents: You must ensure that all your travel documents, full passports, visas, vaccination certificates, currency and travellers cheques are in order and valid for travel. All costs incurred in obtaining such documentation must be paid by you. 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 obtain or carry the correct documentation. We are able to give general advice on these matters for British citizens holding a British passport. However, non-British citizens and non – British passport holders should check with their embassy or consulate vis-a-vis current requirements. See also our General Information section.
Visas: It is your responsibility to obtain your own visas. Should your visa not be granted, the visa application fees will not be refunded by the visa authorities as these fees are based on carrying out the process, and not on whether the visa is granted.
Non British citizens and holders of non British passports should check with their Embassy regarding Indian Visa Requirements. You must apply for a visa in good time. If a visa is not granted then we cannot accept any liability for the consequences, and reserve the right to pass on to you any charges incurred as a result, including cancellation charges.
Important Note: It cannot under any circumstances be guaranteed that your visa application will be accepted. If your visa is not granted, for whatever reason, the visa fees are non refundable. However, in our experience refusals are extremely rare.
Failure or inability to obtain all required visas, for whatever reason, will result in your travel having to be cancelled. In this event, we reserve the right to pass on to you any charges incurred as a result, including cancellation charges.
If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Your travel names: The name on your airline tickets must be the name that appears on your full passport. It is your responsibility to ensure you are adequately covered by your own travel insurance and to confirm the same to us at the time of booking, together with the name of the insurance company with whom you are insured. Please read your policy and take it on holiday with you.
Travel Insurance: It is a condition of booking with us that you hold adequate travel insurance from the time of booking, and we will require the name of the Insurance Company, the policy holder’s name and the policy number, and the insurer’s 24 hour emergency contact number. Do not travel without travel insurance, as the unexpected can always happen. It is your responsibility to ensure you are adequately covered by insurance. Please read your policy and take it on holiday with you. Cover should include medical expenses and repatriation in the event of accident or illness. In addition, we strongly recommend that you have cover for personal belongings, delay at your outward or homeward point of departure, personal liability, overseas legal expenses and cancellation. If you are undertaking any sports or adventurous activities, including trekking, mountain climbing or scuba diving, on your trip you should also make sure that your policy covers these. Please also ensure you read the policy conditions and exclusions.
Please note that if you believe that we have stated orally that a particular facility or service should be available, but is not in the itinerary or in writing from us, please let us know immediately so that we may confirm it to you when accepting your booking.
Should you have any complaints about any aspect of your holiday arrangements, you must inform our local representative and the supplier of the arrangements concerned without delay, and other than a minor complaint, complete and provide a written report whilst you are in situe. If you don’t follow this simple procedure we will have been deprived of the opportunity to look into and rectify your complaint, and it may affect your rights under this contract.
Problems can most easily be dealt with on the spot. Please note, if you do not report a problem or complaint which, if it had been reported at the time it occurred, could have been resolved there and then, we cannot accept any liability in respect of that problem or complaint.
If you choose to travel in the developing world, it is very helpful for you to be reasonably resourceful if things go wrong. You should always pack your sense of humour and try to “go with the flow” when experiencing different cultures, so you can maximise your enjoyment of the experience.
If you experience difficulties, contact us in the UK on our 24 hour emergency telephone service which will be provided to you. In the unlikely event that an acceptable solution cannot be found, you should then write to us within 28 days of your return with full details of your complaint. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
10. The quotation details
We have taken every care in ensuring that the information given in quotations/itineraries is correct at the time we send it to you. However we are sure you will appreciate that subsequently minor alterations may arise. We reserve the right to change any of the prices, services or other particulars contained in any quotation at any time before we enter into a contract with you. If there is any change we will notify you before we enter into such a contract.
Where additional information, a fact sheet or a dossier is provided for a particular itinerary or programme, this is for information purposes only, and is not regarded as a term of the contract. Any hotel classifications given in our quotations, itineraries or fact sheets are also for guidance only. They are not based on any national or international classification system, and are the opinions of ourselves or our agents and are quite subjective.
11. Special requests, and medical conditions, disability or mobility issues which may affect your holiday
If you have any special request, you must advise us in writing 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 unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. 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 have any medical problem or disability which may affect your holiday, 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.
You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must 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.
12. Your financial protection
Avion Holidays holds an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 3590). When you buy an ATOL protected flight-inclusive holiday*, you will receive an ATOL Certificate. This lists:
- the flight, accommodation, car hire and/or other services that are financially protected, in the unlikely event of any insolvency of the ATOL holder concerned.
- where you can get information on what this means for you
- whom to contact if things go wrong.
The supplier identified on your ATOL Certificate (Avion Holidays), will provide you with the services listed on the ATOL Certificate. In some cases, where the supplier is unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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).
*The air inclusive holidays and flights we arrange are ATOL protected providing they are made available in the UK. For further information, visit the ATOL website at www.atol.org.uk.
13. Excursions or Sightseeing
Please note that we do not provide or arrange excursions or sightseeing trips other than those listed in your itinerary and forming part of the arrangements booked and paid for in the UK. Our local representatives or guides may put you in touch with local organisers of excursions or sightseeing if you request but we can have no liability for such excursions or sightseeing, as your contract for such excursions will be with a local company providing the services and not with us.
14. Quotation Accuracy
Please note, the information and prices shown in quotations may sometimes have changed by the time you come to actually book your holiday. Whilst every effort is made to ensure the accuracy of the quotations and prices at the time they are given to you, changes do occasionally occur, especially if you have taken some time to decide to book. You must therefore ensure you check all details of your holiday (including the price) at the time of booking.
15. Prompt Assistance on Holiday
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to 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 our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. HOWEVER WE DO NOT ACCEPT ANY FINANCIAL LIABILITY FOR SUCH CIRCUMSTANCES OR CONSEQUENCES AS OUTLINED ABOVE.
Registered Address: 59 Gloucester Road, New Barnet, Herts, EN5 1NB
Registered in England with Company Reg. No. 0282903
VAT Reg. 629 0057 49
HOLDER OF ATOL 3590 issued by the Civil Aviation Authority
When you take your holiday to India, we want you to have the experience you’ve been imagining. To help us do this, we will need to ask you for personal information. However, we will keep your personal information safe, and we’ll always be open with you about how we collect and keep it.
We’ll ask you for information such as your name and contact information, your email address, and, if you travel with us, your passport and travel insurance details. We collect your personal data for three main reasons:
- so we can contact you successfully, if you get in touch or ask us for information.
- when we’re planning your trip, to ensure that we make the right arrangements for you
- so we can plan your trip around any health related or dietary requirements you might have.
How we share your personal information
We won’t share your personal information with third parties for any marketing activities. When we do provide information (eg with hotels, providers etc), it’s always to enable us to provide you with the service you expect when you’re travelling with us.
Safeguarding your personal information
We keep your personal information securely, and we only keep it for limited and appropriate amounts of time.
Your rights to your personal information
1. How we work
1.1 Avion Holidays is committed to protecting and respecting your privacy, whilst striving to provide the very best user experience. We follow strict security procedures on how personal information is stored and used and who sees it to help stop any unauthorised person getting hold of it. We also recognise that it is important for you to understand how we use your personal information.
1.3 We have a legal duty to protect personal information that we collect under the Data Protection Act 1998 (and any law which replaces it, including the new UK Data Protection Bill) (the “DPA”) and the General Data Protection Regulation (EU) 2016/679, (the “GDPR”). For the purpose of the DPA and GDPR, we (Avion Holidays) are the data controller (in other words, the organisation that determines how your personal information is used) and our contact details are set out in part 10 below.
2. Personal information we collect, how we use it and our lawful basis for processing
2.1 We may collect and use various types of personal information about you, as set out below:
Enquiries and bookings
a) We will collect personal information from you when you make an enquiry. This includes your name and contact information, details about the locations and activities in which you are most interested, and any additional details of your travel plans which you voluntarily give to us. We may also collect details about the best time to contact you and any in-person appointments that you request as well as what prompted you to contact us and any other requests or comments that you may make.
We will use this information so that we can provide you with information that you have requested or contact you if you have requested to hear from us.
We use your information in this way to make sure that we are able to start to plan the best holiday for you.
b) If you book a trip with us, we will ask you to provide certain details about your travel arrangements. This is likely to include details of your passports, emergency contacts, travel insurance arrangements, preferences and special requirements, frequent flier club membership, visa requirements, and flights (if you arrange your own flights). This will also include details of any other friends or family who are accompanying you as part of your booking.
We will use this information to help us organise your trip, make bookings on your behalf and ensure that you (and any other friends or family accompanying you) receive the products and services set out in your itinerary.
We collect this information so we can fulfil our contract with you and provide you with the quality of service we strive to provide.
Where you are a regular customer we may retain some of this personal information so that we can use it when you next book with us, to improve our customer journey and ensure we look after our regular customers.
Administrative or other business purposes
2.2 We may also collect and use certain personal information about you, namely specific details of any relevant health conditions, disabilities, access requirements and special dietary requirements that you may have. We collect this information directly from you to try to ensure that your trip is appropriate for your needs and to try and keep you safe during any trip that you plan through us. We may need to ask for your explicit consent in order to process this information.
3. How we share personal information
3.1 In order to make sure that we run our business efficiently, and to make sure that you get the service that you expect, we will need to share your personal information, from time to time, as necessary, with the following third parties:
(a) Members of our group, which means our administrative staff..
(b) Selected trusted third party business partners (such as the local businesses we partner with in the locations our customers travel to) and service providers, to perform services related to the contracts we enter into with you.
(c) If ever applicable, any prospective buyer of our business or assets, which may include your personal information.
(d) Any other third parties if necessary to comply with legal obligations or enforce agreements, for example, we are required to provide airlines with a passenger mobile phone number and email contact details under IATA Resolution 830d for the airline to inform the passenger of any operational difficulties.
(e) Any other third parties if this is necessary to protect our or your rights, property, or safety and/or those of others.
3.2 We do not share your personal information with third parties for them to use for the purposes of sending you marketing information or for those third parties to use your information for their own purposes.
4. Where we transfer and store personal information:
From time to time we may process (or ask or permit a third party to process) your personal information outside of the European Economic Area (EEA) where local laws may not provide legal protection for your information in the same way as is applicable in the EEA.
For example, when you book a trip, we will need to provide your information to local accommodation or service providers. In other cases, we may need to share your information with an overseas service provider such as our local partners who host you during your travel experience, or the provider of a train journey.
Whenever we send (or permit a third party to send) your personal data outside of the EEA, we will make sure that we take steps necessary to protect your data as required by applicable laws. For example, we may require the overseas recipient to enter into particular contract terms, or we will make sure that the information that we give to them will be limited to what is needed to perform our contract with you.
The personal data that we collect from you will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff involved in, among other things, providing support services.
5. Security of your personal information:
We take the security of your information very seriously and have put measures in place to help protect your personal information from unauthorised access, use or disclosure as required by law. We will always keep these under review to make sure that the measures we have implemented remain appropriate.
6. Retention of personal information:
We will keep your personal information for limited and appropriate periods of time only and the applicable retention periods will always be linked to our purposes for processing your personal information. This means that the retention periods will vary according to the type of personal information. For example, some transaction information will be kept for a number of years in order to comply with various Inland Revenue related obligations.
7. Your rights in your personal information
7.2 Your rights:
(a) Access: We will confirm to you whether or not we are processing and using personal information about you, at your request and, if so, provide you with access to and a copy of such personal information.
(b) Rectification: We will correct any inaccurate personal data and complete any incomplete personal data that we hold about you.
(c) Prevention of processing likely to cause damage or distress: We will respect your rights to require us to cease or not to begin processing your personal information for a specific purpose, or in a specific way, that is likely to cause you or any third parties unwarranted damage or distress.
(d) Erasure: We will erase your personal information at your request without undue delay where there is no good reason for us to continue to use it.
(e) Restriction: We will restrict the processing of your personal information in certain circumstances, if you ask us to do so.
(f) Data portability: We will provide you with a copy of any personal information that we hold about you which you have provided to us, in a structured, commonly used and machine readable format.
8. Changes to our policy:
9. Contact and complaints: