 |
 |
|
|
You relax . . . .we do the work |
|
Bookings,
Deposits and Outstanding Balances
We can provisionally reserve cabins for you by telephone for 7 days, but bookings can only be confirmed for you on receipt of a properly completed booking form and the appropriate deposit by us or our appointed agent(s). Your booking form and our acknowledgement constitute a legally binding contract between you and Away4awhile. We will be bound to provide you with the accommodation as booked and you in turn will be bound to pay the balance of the cost which must be paid no later than 6 weeks before the start of the holiday. Bookings made within 8 weeks of the cruise start date require full payment. Please refer to additional Terms & Conditions attached to Special Offers.
The Contract shall be between Away4awhile and the Guest on the basis of
these Conditions and the information contained in the brochure, and shall be
governed by English law and the non-exclusive jurisdiction of the English
courts. By entering the contract Away4awhile agrees to exercise reasonable
skill and care to provide the holiday. By making a booking, the Guest
confirms that all persons named in the booking have agreed to be bound by
these Conditions and all other terms of the Contract and that the Guest has
the authority to do so.
All holidays are subject to availability at the time of booking. No Contract
shall be made until the deposit (or, where appropriate, the full price) has
been paid, whether or not a booking confirmation has been issued but all
money paid to Away4awhile or its travel agent shall be treated as having
been paid to Away4awhile. Failure to pay the balance by the due date shall
entitle Away4awhile to cancel the booking and retain the deposit by way of a
cancellation charge. Failure to pay any other amount by the due date shall
entitle Away4awhile to cancel the booking and to retain an amount by way of
a cancellation charge. A booking may only be made by a person aged 18 or
over. All Guests who, at the time of departure, will be under 18 years of
age must be accompanied by a Guest aged 21 or over who will at all times
during the holiday. Away4awhile reserves the right to require any Guest to
produce medical evidence of fitness to travel on the holiday.
Cancellation
Should you be forced to cancel your holiday you must advise us immediately and confirm it in writing. On cancellation you will be liable for the full cost of the holiday whether or not you have paid the balance due, unless we are able to resell the accommodation that you had booked, when we will refund any amounts paid less the deposit. It is a condition of the booking that every Guest must have travel insurance in force for the entire duration of the holiday.
We reserve the right to regard changes to dates after confirmation as a cancellation.
We reserve the right to cancel any holiday for which there are insufficient bookings or if due to circumstances outside our control it is impossible to carry out the holiday as stated. In those circumstances you will if possible be offered alternative dates. Otherwise any sum received from you will be returned in full, but you shall have no claim on any account against us.
Consumer
Protection
In the unlikely event of Away4awhile’s insolvency, we will endeavour to
ensure that Guests are not stranded
and will arrange to refund any money paid to Away4awhile for their holiday
and advance bookings. All holidays sold by Away4awhile in the UK are
protected the EEC consumer protection scheme. This stipulates that monies
paid are held in a separate guest account controlled by the Away4awhile
bank. The monies cannot be transferred to Away4awhile’s current account
until the holiday is completed.
Data
Protection
In order to process your booking and to ensure that your travel arrangements
run smoothly and meet your requirements, Away4awhile needs to use the
personal information you provide such as name, address, any special needs,
health, medical, mobility or dietary requirements, etc. Away4awhile may pass
personal information on to other relevant suppliers of your travel
arrangements such as travel agents, and transfer contractors. Your personal
information may also be provided to security and/or credit checking
companies, credit and debit card companies. This may also apply to any
sensitive information that you give to us such as details of any
disabilities or dietary/religious requirements. If Away4awhile cannot pass
your personal information on to the relevant suppliers, Away4awhile cannot
properly effect your booking.
The personal information you provide to Away4awhile, or which is obtained
through your dealings with Away4awhile or appointed travel agents, will only
be used to review, develop and improve the holidays and services Away4awhile
offers; for internal market research purposes; and for statistical analysis
only.
Away4awhile may wish to contact you by post, email and/or telephone with
news, information and offers on its holidays and other services and for
market research purposes.
If you prefer not to be contacted for the purposes set out above, please
contact the Away4awhile, 3 Brindleyplace, Birmingham. B1 2JB.
If you wish to obtain a copy of the personal information held about you,
please write to Away4awhile at the above address.
Security,
Safety and Support
We reserve the right to decline a booking without assigning a right to do so.
Guests are expected at all times throughout the holiday to conduct
themselves in a proper manner and with due regard to the health, safety,
comfort, enjoyment and general well-being of all persons, including not
smoking inside the boat which includes the provision of any external service
or facility forming part of the holiday. In the event the guest in the
Masters opinion ignores safety advice or instructions from the crew or
British Waterways Official; or it appears that a Guest’s conduct, behaviour
or health is such as to be a breach of this requirement or the Guest’s
behaviour, health or conduct is likely to endanger the Guest’s own health or
safety; or that of any other Guest or crew and make Away4awhile liable for
the costs of any medical treatment and/or maintenance, then Away4awhile
and/or the Master shall have the right according to the particular
circumstances to take any one or more of the following measures as may
appear to be reasonable and appropriate :–
• We reserve the right to terminate a holiday and remove the Guest from
boat;
• We reserve the right to refuse to embark or to disembark the Guest at any
place of call on the cruise
• We reserve the right to summon Emergency Services to assist with a guest
if necessary in the Master's opinion.
In the event of Away4awhile and/or the Master acting in accordance with the
above, neither the Guest nor (at the sole discretion of Away4awhile) any
other person travelling with the Guest (whether or not under the same
booking) shall be entitled to make a claim against Away4awhile for any loss
or expense incurred as a result of such action, whether for a full or
partial refund of the
fare or for any other form of compensation cost of returning to any place or
for any other form of loss or expense whatsoever. Where the Guest is
returned to the start point of the holiday pursuant to this clause at
Away4awhile’s expense, Away4awhile shall have the right to recover the cost
of this.
The Guest must not bring on board the boat any goods or articles of neither
an inflammable or dangerous nature, nor any controlled or prohibited
substance. To do so shall be a breach of these Conditions and shall render
the Guest strictly liable to Away4awhile for any injury, loss, damage or
expense and the Guest shall compensate Away4awhile in full for any loss,
damage or expense suffered by Away4awhile as a result of such breach. The
Guest may also be personally liable to statutory penalties.
Water
Restrictions and Force Majeure.
We reserve the right to alter or amend a published route if this is made necessary by canal stoppages, water shortages, flood or we deem it to be in the best interests of our passengers. You shall have no claim against us and no particular right of cancellation, should any rerouting be necessary.
Whilst we make every effort to keep to our advertised holiday we shall not liable for any loss to you caused by the delay, mechanical breakdown, failure to keep to time, or cause whatsoever.
Personal
Accident and Guests Property
We shall not be liable for any loss or damage to any article or personal property belonging to you which may sustain damage during the holiday or whilst the articles are upon the boat or on any vehicles or premises belonging to us or our agents.
Except in respect of death or personal injury caused by our negligence, we shall not be liable for any personal injury suffered by you during the holiday or whilst upon the boat, or premises or vehicles belonging to us or our agents, however caused. Wherever possible, Away4awhile will offer general assistance to any Guest who suffers illness, personal injury or death during the period of the holiday, whether or not arising from an activity forming part of the holiday and whether or not the result of fault by any party.
Any cost or expense which is reasonably incurred by Away4awhile for or on behalf of the Guest in respect of any form of medical, dental or similar treatment, hotel, transportation or any other expense shall be repayable by the Guest to Away4awhile whether or not such sum is covered by the Guest’s travel insurance.
We will not be liable for any loss or damage to your vehicle or its contents at a designated parking area. We reserve the right to offer alternative parking location.
General
No children under the age of 14 will be carried, except on a whole boat charter when additional booking conditions will apply. No pets may be brought aboard the boat unless by special arrangement or in the case of guide dogs.
Smoking is not permitted inside the boats.
We reserve the right to levy a surcharge should our VAT ratings or the rate of VAT change.
Whilst every effort is made to ensure the accuracy of the contents of our brochure, website and publicity material we shall not be liable for any inaccuracies that may exist.
Version: cfj 1 October 2006