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TERMS & CONDITIONS
OUR BOOKING CONDITIONS The following Booking Conditions together with the Important Information contained in this brochure/on our website form the basis of your contract with Essential Sun a trading name of Cadogan Holidays Ltd, The Beehive, Beehive Ring Road, Gatwick, RH6 0PA Company No. 01031864. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these Booking Conditions and Important Information and agree to them. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to ‘holiday’, ‘booking’, ‘contract’, ‘package’, ‘tour’ or ‘arrangements’ mean such holiday arrangements unless otherwise stated. In these booking conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ means Essential Sun.
1. Your Holiday Contract
You can book a holiday with us through your travel agent, by contacting us directly on 0844 560 3748 or online at www.EssentialSun.co.uk The first named person on the booking (‘party leader’) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making the booking the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made. The monies referred to in ‘Payment’ below must be made at the time of booking. Subject to the availability of your chosen arrangements we will give you a booking reference number. At that point a contract will exist between us. 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 which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under either the ABTA or AITO Arbitration Schemes (if the Scheme is available for the claim in question and you wish to use it – see clause 10) 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 any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We will send you a confirmation invoice once you have booked. Please check the details on the invoice carefully and contact us immediately if there is any discrepancy. You are advised to take a copy of the invoice on holiday.
2. Your Financial Protection
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 0078). When you buy an ATOL protected air inclusive holiday or flight* from us you will receive a confirmation invoice from us (or via our authorised agent) confirming your arrangements and your protection under our ATOL. In the unlikely event of our insolvency the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking. * The air inclusive holidays and flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk We are a member of ABTA (ABTA number V7066). If your holiday does not include flights, ABTA will financially protect your holiday in the same way except that, if already abroad, you will be returned to the point where your contracted arrangements with us commenced. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see ‘Complaints’ below), contact ABTA, 68 – 71 Newman Street, London W1T 3AH tel 020 7637 2444 or www.abta.com
3. Payment
When you make your booking you must pay a deposit of £150 per person or any higher deposit that applies to your holiday. You will be advised of this at the time of making your booking. All monies you pay to one of our authorised travel agents are held by the agent on our behalf at all times. Payment made directly to Essential Sun may be by personal cheque, debit or credit card. Please note that payments by credit card will incur a 2.5% processing charge. There is no processing charge for payments by debit card. Insurance: You must have adequate insurance cover suitable for your holiday and your particular needs and which provides cover for the cost of cancellation by you, a 24-hour emergency and repatriation service in the event of accident or illness, loss of luggage, delay and curtailment cover plus loss of personal items and cash. Experience has taught us that the overwhelming majority of our clients either already have year-round policies or prefer taking out their own. We, therefore, no longer automatically offer this facility and strongly recommend that you contact your local travel agent and arrange cover that way. We do however act as an Introducer Appointed Representative for Citybond Suretravel for the sale of travel insurance schemes. Please see our important information section for further details. Essential Sun cannot be held responsible for any liability, expenses or losses you may incur as a result of having inadequate holiday insurance.
4. Your Holiday Price
The prices shown in our brochure/on our website are as a guide only. We reserve the right to increase / decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Surcharges: Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge together with an administration charge of £1.00 per person together with an amount to cover agents’ commission. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 7 ‘IF WE CHANGE OR CANCEL YOUR HOLIDAY’. Although insurance (where purchased through us) does not form part of your contract with us or of any ‘package’ we will consider an appropriate refund of insurance premiums paid if you can show that you are unable to use/transfer or reuse your policy in the event of cancellation/purchase of an alternative holiday. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose either of the options referred to above. You should do this by informing your travel agent or sending us a recorded delivery letter. We will only accept notification of a cancellation from the party leader. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We will not surcharge you within 30 days of departure. No refund will be payable if any decrease in our costs occurs during this period either. The price of your travel arrangements are calculated using the current monthly market rates.
5. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way - for example your original departure date or accommodation - we will do our best to comply but it may not always be possible. Any request for changes must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £50 per booking plus any further cost we incur or our suppliers’ impose in making this alteration. You should be aware that these costs could increase the closer to the departure date any changes are made, so you should contact us as soon as possible. Certain travel arrangements and air fares purchased specially for you from some airlines may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of the cost of those arrangements. If you are unable to travel because of circumstances such as illness, jury service, redundancy or the death or serious illness of a close family member you can transfer your booking to another person provided all other arrangements are the same and our suppliers (e.g. airlines, hotels) are prepared to accept the transfer. A request to transfer must be in writing and accompanied by documentary proof, and must be received by us in reasonable time before the departure date. A transfer will be subject to an administration charge of £30 per booking plus payment of any extra costs charged by suppliers. Until the holiday is paid for, both you and the person who takes your place are responsible for paying for it. Once the transfer has been made, the person taking over the agreement will be bound by these conditions.
6. If you cancel your holiday
You may cancel your travel arrangements at any time. Written notification from the party leader or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges as set out below. Where the cancellation charge is shown as a percentage this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of cancellation. If one member of your party cancels, an under-occupancy supplement may be payable by other members. Please note that this supplement is not a cancellation charge and may not be covered by your insurance policy. Time we are notified before departure Cancellation charges from booking date to – 29 days 50% 28 – 15 days 60% 14 days to day of departure 100% Please note: Certain travel arrangements (in particular flights) are non refundable once they have been confirmed to you at the time of booking. Usually you will have had to pay for these arrangements in full at the time of booking. If you subsequently cancel such arrangements the applicable cancellation charge for those arrangements may be as much as 100% of the cost of those arrangements (see clause 5). That charge is payable in addition to the cancellation charge applicable for any other cancelled arrangements. Cancellation letters need to be sent by recorded delivery. Cancellation charges are calculated from the date when we receive your cancellation letter. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from the insurance company.
7. If we change or cancel your holiday
IF WE CHANGE OR CANCEL YOUR HOLIDAY We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of “force majeure” as defined in clause 8 below or lack of minimum numbers. We will not cancel after this date for any other reason. Please note some of our holidays may require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular holiday have not been received, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason no less than 10 weeks prior to departure. Most changes are minor. Occasionally, we have to make a ‘significant change’. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:- (a) (for significant changes) accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. If we have to make a significant change or cancel we will as a minimum, where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except as specified in clause 16 ‘Flights’ below), type of aircraft (if advised) or destination airport will all be treated as minor changes. Period before departure a significant change More than 70 days Nil 70-43 days £10 42-29 days £20 28 – 15 days £30 14 days or less £40 Please also see clause 17 ‘Delay and Denied Boarding Regulations’. Very rarely, we may be forced by ‘force majeure’ (see clause 8 below) 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 cover any costs or expenses you incur as a result.
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of ‘force majeure’. In these booking conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
9. If you have a complaint
If you have a problem during your holiday it is unreasonable to wait until your return to bring it to our attention. You must immediately inform the relevant supplier e.g your hotelier and our resort representative or, if one is not easily available, our office in the UK. All reasonable efforts will be made to put things right. If your complaint is not resolved locally and you wish to complain full details must be sent to us in writing to Essential Sun c/o Cadogan Holidays Ltd, 37 Commercial Road, Southampton SO15 1GG to arrive no more than 30 days after your return. We will acknowledge receipt within 14 days and do our best to investigate and respond within 30 days of receiving your letter. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
10. What happens to complaints
Disputes arising out of, or in connection with this contract which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person or £25,000 per group of people on the same booking reference. Neither does it apply to claims that are solely in respect of physical injury or illness or their consequences. The scheme can, however, deal with compensation claims which include an element of minor injury or illness, subject to a limit of £1,000 the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the IDRS within nine months of the return from holiday. Outside this time limit arbitration under the scheme may still be available if we agree, but the ABTA Code does not require such agreement. Alternatively, AITO’s Independent Dispute Settlement Service may be called upon by either side to bring the matter to a speedy and amicable solution. Whichever option you choose, neither scheme applies to claims for an amount greater than £5,000 per person or £25,000 per booking form, or to claims which are solely or mainly in respect of physical injury or illness, or the consequences of such injury or illness.
11. Our Liability to you
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, 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 orpersonal 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). (2) 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 - 'force majeure' as defined in clause 8. (3) 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. Please also see clause 13 below. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. (4) 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. (5) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. 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 £500 per person affected unless a lower limitation applies to your claim under this clause or clause 11(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under the clause 11(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. (6) Where any claim or part of a claim (including those involving death or personal injury) 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 hotelier 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 or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea, the Berne Convention for international travel by rail). Please note: where a carrier or hotelier 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 carrier or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. (7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses. (8) 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 above. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred..
12. Conditions of Carriage
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms that limit or exclude liability and affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. Please note that in accordance with Air Navigation Orders a child must be under 2 years of age on the date of his/her return flight in order to qualify for infant status.
13. Excursions, Activities and General Area Information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. Except as set out below we have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. Where we make or take any booking for or from you whilst you are on holiday in respect of any activity or excursion available in the area you are visiting, we do so solely as booking agent. This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, in resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned. We do not limit or exclude our liability for death or personal injury arising from our negligence. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking. It is your responsibility to ensure that you have comprehensive holiday insurance and that it will cover any excursion or activity you take part in. If you are in doubt you should check with your insurance provider.
14. Your Responsibility
Please remember that all clients are responsible for their own actions and the effect they may have on others. If we (or another person in authority) reasonably believe a customer’s behaviour is disruptive or affects others or is threatening or abusive or is likely to damage property, we may end that customer's holiday. This could mean the customer is prevented from using the accommodation or transport we have arranged. If this happens we will not pay any refunds, compensation or meet any expenses incurred as a result. You also accept full responsibility for any damage or loss caused by you or any member of your party.
15. Data Protection
Please be assured that we have measures in place to protect the personal booking information held by us. This will be passed on to the principal and the relevant suppliers of your travel arrangements. It may also be provided to public authorities, such as customs or immigration officials, if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information you give us, such as details of disabilities and dietary/religious requirements. If we cannot pass this information to relevant suppliers, whether in the EEA or not, then we are unable to complete your booking. By making this booking you consent to this information being passed on to the relevant person(s). We will hold your information and may use it to inform you of offers in the future or send you brochures. If you do not wish to receive any further information please let us know at time of booking or by letter. You are entitled to a copy of your information held by us. If you would like to see this, please ask us (we may make a small charge for providing this to you). Full details of our Data Protection Policy are available on request.
16. Flights
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 7 will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
17. Delays and Denied Boarding
Though most flights leave on time, delays occasionally occur. These are completely beyond our control. However, we work closely with airlines and our overseas representatives to try to ensure that delays - and the inconvenience caused - are kept to a minimum. Please note however that we cannot accept any liability for any delay unless it has a significant effect on your holiday arrangements. Please refer to your insurance cover regarding any applicable compensation. 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. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. Copyright (2009) Essential Sun Holidays limited. All rights reserved. No part of this brochure may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage or retrieval system without permission in writing from Essential Sun.