Once
you have decided on the itinerary you require, please carefully read
the following Terms & Conditions. They will form part of your
agreement with Argentina Auténtica Limited ('Argentina
Auténtica or 'us',). Argentina Auténtica’s
registered office (company number 05565767) is
15 Princes Street, Oxford, OX4 1DD, UK. Argentina
Auténtica operates out of the United Kingdom and specialises
in travel to Argentina, but not exclusively so.
When
you make a booking with Argentina Auténtica Ltd you are
making an offer to buy some of Argentina Auténtica’s
advertised services. Argentina Auténtica reserves the right to
refuse to accept and/or not to proceed with any booking at any time
at their sole discretion. Once the contract is made between the two
parties Argentina Auténtica will perform their obligations to
you in accordance with their Terms & Conditions.
All
bookings must be made by a person aged eighteen years or over. Where
your booking is for more than one person, the first-named person in
your party aged eighteen years or over will be treated by Argentina
Auténtica as the 'lead name' for your booking. The lead name
will be responsible for making all payments due to Argentina
Auténtica in accordance with the contract.
1)
Your Contract with Argentina Auténtica Ltd.
(a)
If you book only one component of a holiday with us (e.g. a hotel,
without a flight), Argentina Auténtica acts only as a booking
agent for the supplier concerned and accepts no liability for the
provision of the service involved.
(b) If you book with a travel
agent and your booking with that agent includes, but is not limited
to, Argentina Auténtica’s arrangements, your contract is
with your travel agent and not with Argentina Auténtica.
Argentina Auténtica is simply a supplier to your travel agent.
(c)
In all other cases your contract will be with Argentina
Auténtica.
2) ATOL: Your Financial Protection
When you buy an ATOL protected air holiday package from Argentina Auténtica you will receive a
Confirmation Invoice from us confirming your arrangements and your protection under our Air
Travel Organiser’s Licence number [9045].
In the unlikely event of our insolvency, the CAA will ensure that you are not
stranded abroad and will arrange to refund any money you have paid to us for
an advance booking. For further information visit the ATOL website at
www.atol.org.uk
3)
Payment and Confirmation
(a)
A non-refundable deposit that sums 30% of your total holiday cost must be paid upon
booking and evidence must be provided of insurance cover. If, though,
you book less than 2 months before departure, full payment will be
required.
(b) On our receipt of the applicable payment, Argentina
Auténtica will issue a confirmation invoice, and it is at this
stage that a binding contract comes into existence between you and
Argentina Auténtica. Please note, though, that if you book a
tailor-made itinerary, your accommodation, flights etc. will only be
confirmed by Argentina Auténtica once your deposit has been
received. Your confirmation invoice, in this instance, will indicate
your requested package cost and you will be advised of any
accommodation, flights etc. which are still on request and not
confirmed at the time the confirmation invoice is issued.
(c)
Once a payment has been made, any subsequent request to have that
payment refunded and to pay by an alternative means may require you
to pay an administration fee.
(d) Argentina Auténtica will
try to obtain final confirmation of all your holiday components as
soon as possible. In some cases, though, you may need to be patient.
If a particular flight, hotel or similar cannot be confirmed you will
be offered an alternative or, failing that, a refund.
(e) It is
your responsibility to check the confirmation invoice carefully and
to let Argentina Auténtica or your travel agent know
immediately in the event of any error.
(f) The balance of your
tour cost is payable not less than 2 months prior to the date of
departure. If the
final payment is not received on time, Argentina Auténtica
will treat the booking as cancelled by you and will levy the
cancellation charges set out in clause 9 below.
g) i) Travel
documents will be sent in good time before the departure of your
holiday (approximately 2 weeks before departure), unless your booking
is made within 6 weeks of departure, in which case final documents
will be sent as soon as possible, made available for collection, or
sent by courier upon the payment of a fee. Non-UK residents may incur
an additional delivery charge. ii) Very occasionally you will be
handed your internal flight/train/hotel vouchers by your tour
manager/Argentina Auténtica representative on arrival at your
holiday destination.
(h) Argentina Auténtica has included
in the relevant prices all government taxes which do not have to be
paid locally. Those that have to be paid by you locally are extra and
for your account (such as international airport departure tax).
4)
Special Requests
Where
special requests for flight seats, room allocation, diet
considerations etc. are required Argentina Auténtica must be
made aware of them in writing at the time of booking. Whilst every
effort will be made to ensure that these requests are fulfilled, they
cannot be guaranteed. Furthermore, Argentina Auténtica will
not be liable for claims for consequential loss where written advice
of special needs and requirements has not been received in writing at
the time of booking. Where special requests for flight seats are
passed on by Argentina Auténtica to an airline, the
confirmation of seat numbers is at the discretion of the airline.
5)
Your Travel Agent
(a)
Any travel agent through which you make a booking will act to relay
information from you to us and vice versa. Argentina Auténtica
is not responsible for any failure by your travel agent to do this
properly, or in good time, nor for any advice given to you by your
travel agent which did not originate from Argentina Auténtica.
(b) Any money you pay to your travel agent for your Argentina
Auténtica booking will be held by the agent on our behalf
until it is paid to us.
6)
Insurance
It
is a condition of your contract with us that you take out insurance
at the time of, or prior to, making your booking, and let us have the
details of this. It is your responsibility to ensure that you
purchase a policy which provides cover suitable for the activities to
be undertaken (as described in itinerary). Argentina Auténtica
cannot be held responsible if you purchase an inadequate insurance
policy. Non-European Union passengers should obtain equivalent
insurance cover in their country of residence.
7)
Alteration By You
(a)
If you wish to make any amendments to your holiday after the
confirmation invoice has been issued, you must inform us in writing
and we will do our best to implement your request. In the event that
we are able to do so, communication charges and other expenses will
be payable by you together with an amendment fee of £35 per
alteration per booking. However, if you (i) change to a different
departure date, tour or destination or (ii) change your booking less
than 2 months before departure, this will be treated as a cancellation
and a new booking and you will be liable for the cancellation charges
set out in clause 8.
(b) If you wish to change any aspect of your
tour after it has commenced, Argentina Auténtica and/or their
agents will do their best to make the changes you have asked for,
subject to you being responsible for any cancellation/retention
charges that may be levied for the arrangements originally booked,
for the cost of your new arrangements and for any costs incurred by
Argentina Auténtica and/or their agents in attempting to
secure or securing any revised arrangements. All such charges and
costs are payable locally.
(c) If you wish to transfer your
booking to another person, you may do so provided the reason for the
transfer is personal illness, the death or serious illness of a close
family member, jury service, redundancy or unavoidable work
commitments. Requests for a transfer must be made in writing at least
30 days prior to departure and must be accompanied by documentary
proof of the reason for the transfer (e.g. a doctor's certificate),
full details of the person who will replace you, any outstanding
balance due for the tour, a payment of £35 to cover our
administration costs plus such amount as our suppliers will require
to effect the change. Please note that, in some cases, suppliers such
as airlines treat name changes as a cancellation, levying
cancellation charges and requiring payment for a new ticket. These
charges will be payable by you.
8)
Alterations Made To The Scheduled Programme
(a)
Holiday arrangements that are featured in our marketing materials are
booked and
planned many months in advance and changes may be necessary.
Argentina Auténtica reserves the right to alter any of the
prices, facilities or services described in its materials at any time
before making a contract with you. Any such changes will be notified
to you at the time you make your booking.
(b) Argentina Auténtica
also reserves the right to make changes to any of your holiday
arrangements after a confirmation invoice has been issued. Such
changes will normally be minor, but may be material - i.e. a change
of scheduled departure time by more than 12 hours, a change of
airport except between airports serving the same city/resort, a
change to a lower standard of accommodation, a change of resort or a
radical change of itinerary.
(c) If there is a material change
Argentina Auténtica will try to inform you or your travel
agent as soon as practicable and will offer you the choice of
alternative arrangements or a refund of all monies paid. In addition,
unless the material change is caused by 'force majeure' or 'low
bookings' (defined below), you will be entitled to receive
compensation on the following scale:-
Period before
departure when you
are notified of a material change |
Compensation
per person |
59-43 days |
£10.00 |
42-29
days |
£25.00 |
28-15 days |
£45.00 |
14-8 days |
£60.00 |
7-0
days |
£75.0 |
Force
majeure includes war, threat of war, riot, civil disobedience or
strife, industrial dispute, terrorist activity, acts of God, natural
or nuclear disaster, fire, adverse weather conditions, level of
water, technical or maintenance problems with transport and changes
of schedules or operational decisions of transport providers, closure
of airports or any unforeseeable or unavoidable event beyond the
control of Argentina Auténtica or its suppliers. Low bookings
is where an insufficient number of people book a tour for its
operation to be financially viable. All group holidays offered by
Argentina Auténtica require a minimum number of
bookings before they will operate.
(d) A minor change is any
change which does not come within the definition of a material change
set out in paragraph 7(b) above. Although Argentina Auténtica
will try to notify you of minor changes, it is not obliged to do so,
nor is it obliged to offer you the opportunity to change your
booking, receive a refund or receive compensation. Minor changes
include (but are not limited to) the following and Argentina
Auténtica is permitted where necessary to arrange the same:
(1) Changes to the scheduled destinations but not all of them; (2)
Changes in the scheduled date and hour of arrival or departure
provided that, where necessary, hotel accommodation and reasonable
sustenance during any delay is provided to you at no additional
charge; (3) Substitution of a named Guide and or Leader for
another knowledgeable expert in the same field.
(e) If, after you
depart, it becomes apparent that a significant proportion of the
arrangements you have booked cannot be provided, Argentina
Auténtica
will make suitable alternative arrangements at no extra cost to you
and will, where appropriate and provided the change in your
arrangements has not been caused by force majeure (see 7(c)),
compensate you for the difference in value between the arrangements
you should have received and the alternative arrangements made. In
particular, because Argentina Auténtica neither owns, manages
nor controls the accommodation / transportation that it uses, it is
possible that Argentina Auténtica may be advised that your
reserved accommodation is not available when you arrive at your
destination. In this event Argentina Auténtica will endeavour
to secure accommodation of at least the same standard in that
destination. If only accommodation of a lower standard is available
Argentina Auténtica will refund the difference between the
prices of the accommodation booked and that received, and will pay
£30 per person for any inconvenience caused. The amount will be
paid on your return from holiday.
9)
Cancellation By You
Should
you wish to cancel your trip you must notify Argentina Auténtica
in writing. Such notification will only be deemed to have been given
on receipt of your letter, since we can only act on receipt. Please
state the reason for your cancellation as you may be covered by your
insurance policy. The following cancellation charges will apply: days
before departure amount of cancellation charges notification
received as a % of total trip cost.
Greater than 60 days |
Deposit non-refundable |
59 to 43 |
40% |
42 to
29 |
60% |
28 to
7 |
80% |
6 to day of departure
or later |
100% |
No
allowance or refund can be made for meals, rooms, excursions etc.,
included in the price of your tour but not taken, nor can any refund
be made for lost, mislaid or destroyed travel tickets or vouchers.
10)
Cancellation By Us
Argentina
Auténtica tries never to cancel a client's holiday, but must
reserve the right to do so. In particular, Argentina Auténtica
will cancel your holiday if you fail to make any payment by the due
date. If Argentina Auténtica cancels your holiday for any
other reason it will inform you or your travel agent as soon as
practicable and you will have the option of choosing an alternative
holiday of a comparable standard, if available, or receiving a prompt
refund of all monies paid to Argentina Auténtica for your
holiday. In addition, unless the cancellation has been caused by
force majeure or low bookings (defined in clause 7 above), Argentina
Auténtica will pay you the compensation amounts set out in the
table in clause 7(c). If cancellation is because of low bookings you
will be notified at least 42 days before departure. The only
circumstance in which a holiday will be cancelled less than 30 days
before departure is where it is cancelled by reason of force majeure.
11)
Prices
Prices
are quoted in Pounds Sterling and occasionally in US Dollars. Prices
are subject to variation due to
changes in transportation costs, including the cost of fuel, dues,
taxes or fees chargeable for services such as embarkation of
disembarkation fees at ports or airports, scheduled airfares and any
other airline surcharges which are part of the contract between
airlines (and their agents) and Argentina Auténtica,
government action such as increases in VAT and any other government
imposed increases, or the exchange rate supplied to the particular
package. In the case of any small variation, an amount equivalent to
2% of the price of the travel arrangements, which excludes any
amendment charges, will be absorbed or retained. For larger
variations than this, 2% will still be absorbed for increases, but
not retained from refunds. In either case there will be an
administration charge of £1 per person together with an amount
to cover agent's commission. If this means that you have to pay an
increase of more than 10% for the price of your travel arrangements,
you may cancel your travel arrangements and receive a full refund of
all monies paid except for any amendment charges. Should you decide
to cancel for this reason, you must exercise your right to do so
within 14 days from the issue date printed on your final invoice.
12)
Your Responsibilities
You
have certain responsibilities with regard to your holiday booking,
and these responsibilities are set out below. Argentina
Auténtica
will not be liable for any loss, damage, illness, discomfort or costs
of whatever kind which you may sustain as a result of failing to
discharge the responsibilities described in this clause:-
(a)
Visas: General information concerning visa requirements will be set
out in our Travel Advice Documents. We will notify you of any changes
to visa requirements, which occur before your confirmation invoice is
issued, but please note that further changes could take place before
you travel. We cannot guarantee the granting of any visa. Non-British
citizens should check with their nearest consulate or embassy for
visa requirements. All clients must obtain all necessary visas and
relevant documentation prior to departure.
(b) Passports: A full
British passport (valid for at least 6 months beyond the end of your
holiday) is required for travel. Please seek the advice of our travel
consultants.
(c) Health: Recommended inoculations for travel are
set out in our Travel Advice Documents. We will notify you of any
changes in these recommendations, which occur before your
confirmation invoice is issued. However, further changes may occur at
any time and you should consult your doctor on current
recommendations before you depart. Health requirements for your
holiday destination are outlined in DSS leaflet T1 and the Department
of Health leaflet entitled 'The Travellers Guide to Health' (T4),
both of which are available from ABTA travel agents and from the DSS.
If you have any medical condition that may affect your ability to
enjoy and pursue fully the arrangements you book with us, you must
notify us immediately. Argentina Auténtica reserves the right,
where appropriate, to ask you to provide written certification of
your medical fitness prior to departure. It is your responsibility to
ensure that you obtain all recommended inoculations, take all
recommended medication and follow all medical advice in relation to
your holiday.
(d) Documents: It is your responsibility to ensure
that passports, visas, vaccination certificates and all other
necessary documents are in order and, where appropriate, in your
possession. It is also your responsibility to arrange adequate
insurance cover for your tour (see clause 5 above) and to take
relevant details of the policy with you.
(e) Transportation: It
is your responsibility to ensure that you arrive in good time to
board all flights or other methods of transportation. To assist you,
we will notify you of the times by which you should arrive at all
points of departure. If you miss a flight or other transportation we
will try to arrange alternative transportation, but reserve the right
to recover from you any costs we incur in making such
arrangements.
(f) Behaviour: You must not behave in a way which
may cause distress or annoyance to others or which may create the
risk of danger or damage to property. If you are subject to arrest,
or are prevented from travelling at the discretion of an airline or
other transport providers, or if you are evicted from a hotel at the
discretion of the hotel management, Argentina Auténtica will
not refund any portion of the cost of your holiday and, if Argentina
Auténtica incurs any expense as a result of your behaviour,
you will be obliged to compensate Argentina Auténtica for that
expense.
13)
Our Responsibilities
(i)
Our obligations, and those of our suppliers providing any service or
facility involved in your holiday, are to take reasonable skill and
care to arrange for the provision of such services and facilities
and, where we or our supplier is actually providing the service or
facility, to provide them with reasonable skill and care. Compliance
with any applicable regulatory requirements (such as, for example,
those of the Civil Aviation Authority) will be proper performance of
our, and our suppliers', obligations.
(ii) For claims which do
not involve death or personal injury, we accept liability, subject to
paragraphs (i) above and (iv) below, should any part of your holiday
not be as described in the brochure. If we accept liability, we will,
subject to paragraphs (v) and (vi) below, [pay you compensation. The
maximum amount of compensation which we will pay you in any
circumstance will be a refund of your holiday cost (excluding any
amendment charges), a refund of any directly attributable expenses,
and a daily sum of £72 per person. We will use the maximum sum
to assess the appropriate sum due to you in the circumstances of your
particular complaint taking into account all the relevant
circumstances we will have regard, for example, to factors such as
the price paid for the holiday and the extent to which the enjoyment
of your holiday can be said to have been affected. Any sums received
by you from suppliers such as from airlines due to the Denied
Boarding Regulations 1992 (in this case sums paid by the airline
constitute the full amount of your entitlement to compensation for
all matters flowing from the airline's actions) will be deducted from
any sum paid to you as compensation by us.
(iii) For claims which
involve death or personal injury as a result of an activity forming
part of your holiday, we accept liability subject to paragraphs (i)
above and (iv) below. If we accept liability, we will, subject to
paragraphs (v), (vi) and (vii) below, pay you reasonable
compensation.
(iv) We accept liability in accordance with
paragraphs (i), (ii) and (iii) above and subject to paragraphs (v)
and (vi) below except where the cause of the failure in your holiday
or any death or personal injury you may suffer is not due to any
fault on our part or that of our servants, agents or suppliers, and
is either attributable to you, or attributable to someone unconnected
with the trip and is unforeseeable or unavoidable, or due to unusual
or 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 neither we, nor our servants, agents or
suppliers could have foreseen or forestalled.
(v) Where a claim
(whether for personal injury or non personal injury) arises out of
loss or damage suffered during the course of air travel, rail travel,
sea travel, road travel or hotel accommodation, the amount of
compensation you will receive will be limited in accordance with
and/or in an identical manner to the provisions of any relevant
International Conventions, which include the Warsaw Convention 1929
(including as amended by the Hague Protocol) the Berne Convention
1961, the Athens Convention 1974, the Geneva Convention 1973 and the
Paris Convention 1962. For the avoidance of doubt, this means that we
are to be regarded as having all benefit of any limitations of
compensation contained in any of these Conventions or any other
international conventions applicable to your trip.
(vi) It should
be noted that our acceptance of liability in paragraphs (ii), (iii)
and (iv) above is conditional upon you assigning any rights that you
may have against any of our servants, agents or suppliers which is in
any way responsible for the failure of your holiday or any death or
personal injury you may suffer. Finally, it is a condition precedent
of such acceptance of liability that you follow the procedures for
the notification of complaints set out in the clause below relating
to complaints.
(vii) Other than as set out above, and as is
detailed elsewhere in these booking conditions, we shall have no
legal liability whatsoever to you for any loss, damage, personal
injury or death which you suffer arising directly or indirectly from
any aspect of your holiday.
14)
Transportation
Air,
rail, road and other departure times are supplied by the carriers.
They are subject to, interalia, air traffic control restrictions,
weather conditions, the need for constant maintenance and the ability
of passengers to check in on time. There is no guarantee that
departures will take place at the times shown either in our schedules
or on your tickets. The timings are estimates only. Argentina
Auténtica does not have any liability to you for any delays
which may arise. Further, your dealings with all carriers are subject
to the conditions of carriage of the carrier, some of which may limit
or exclude liability. Where we are in a position to do so, we will
give you information before you book concerning the airline on which
you will fly, your airport of destination and the type of aircraft on
which you will travel. However, if any of these details change
subsequently, and you choose to cancel as a result, our normal
cancellation charges will apply. Any arrangements in the event of a
delay will be at the sole discretion of the airline or other carrier
involved.
15)
Complaints and Problems
If
you have a complaint about any of the services or facilities provided
in connection with your holiday arrangements booked with Argentina
Auténtica, you must tell the relevant supplier and also tell
Argentina Auténtica’s local representative or agent on site
immediately. Alternatively, you should use the Argentina
Auténtica
emergency contact telephone number with which you will be supplied
before your departure. That number will put you in contact with one
of our employees who will take all reasonable steps to help you. It
is only if you do this that Argentina Auténtica have the
opportunity to put matters right on the spot. If you fail to do this,
any right to compensation, which you may have, will be extinguished
or reduced. Baggage is deemed to have been delivered undamaged to you
unless Argentina Auténtica receives written notice in the case
of apparent damage, immediately upon arrival or re-delivery.
16)
Arbitration
We
realise that sometimes problems do arise. If you have a complaint
please write to us within 28 days of your return to the United
Kingdom. Your complaint will be investigated and a full reply sent to
you as soon as possible. As our investigations often involve
obtaining information from overseas, it may take a few weeks. In the
unlikely event that we do not reach an amicable settlement, the
dispute, if you so wish, may be referred to arbitration by the
Chartered Institute of Arbitrators. It provides for a simple and
inexpensive method of arbitration on the basis of documents alone,
with restricted liabilities on the customer in respect of costs. The
scheme does not apply to claims for an amount greater than £5,000
per person or £25,000 per booking, or to claims which are
solely or mainly in respect of physical injury or illness, or the
consequences of such injury or illness.
17)
Tour Inclusions and Exclusions
(a)
What Your Price Includes From London:
1. Economy class on
international/domestic flights where shown.
2. Standard class on
rail, road and other transportation as described in itinerary.
3.
In flight meals and/or refreshments according to flight timings.
4.
44lbs or 20kg luggage allowance or any lower or higher amount
specified on your air tickets.
5. Transfers between the
appropriate overseas airports/stations/ports and your hotels as
specified in your itinerary and unless otherwise stated.
6. Twin
sharing accommodation with private bath or shower and toilet in each
room, where available.
7. Meals as described in the itinerary or
price grid, as applicable.
8. Services of our local
representatives / tour managers as applicable.
9. Excursions and
tours where specifically detailed.
(b) What Your Price
Excludes:
1. Travel insurance.
2. The cost of personal items
such as laundry, drinks with meals or otherwise, incidentals etc.
3.
Airport security charges if levied by any airport to cover the cost
of security arrangements.
4. Airport departure taxes payable
locally.
5. Optional excursions.
6. Cost of visas,
passports.
7. Transport between your home and airport / port /
station.
8. Gratuities for service provided on a personal
basis.
9. Meals other than those specified.
10. The single or
sole supplement payable on bookings where only one person is
travelling and/or where a single room is required.
11. Flight
supplements.
12. Optional extras.
18)
Excursions/Representatives and Agents
(a)
Excursions only form part of your holiday arrangements if they are
described in the itinerary and purchased before departure. Game
drives in wildlife reserves will be subject to the rules and
regulations applicable to the particular reserve at the time of your
visit and as laid down by the relevant government. Such rules and
regulations are subject to change without notice and are beyond the
control of Argentina Auténtica.
(b) Our acceptance of
liability for the acts of our representatives or agents in clause 12
above is only binding if our representatives or agents are acting
with our authority and/or performing their duties as described in the
brochure. This excludes for example any social contact that you may
have with them.
19)
Law
Your
contract with Argentina Auténtica and any matters arising from
it shall be governed by and construed in accordance with English law
and is subject to the exclusive jurisdiction of the courts of England
and Wales.
December
2009
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