Terms and conditions
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Please read these conditions carefully
so that you fully understand the basis on which your holiday is provided.
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| 1) Your Contract For a Holiday |
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When you or
your travel agent ask for your holiday booking to be confirmed, we will
allocate your chosen holiday to you (subject to availability) and give
confirmation of the booking by sending you or your travel agent a confirmation
invoice verifying the details of the holiday that you have booked. The issue of
the confirmation invoice will create a binding contract between us on the terms
set out below. Please note that, as indicated below, the contract cannot be
varied in any way unless we agree in writing to do so. Once your holiday is
confirmed, we will arrange for the provision to you of the services, which make
up the inclusive package holiday. These services will be provided either
directly by ourselves or by other suppliers on whose behalf we act or with whom
we have made arrangements. All holidays and offers advertised by Hari Aum
Holidays are subject to availability and we reserve the right to change any of
the particulars described in our advertising material at any time before a
contract is made between us. If there is a change your travel agent, or we will
tell you before you enter into a binding contract.
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| 2) Payment Terms |
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If you make a
booking more than 8 weeks before you wish to travel you will have to pay a
deposit of £100 per person or 45% of the cost of the holiday - whichever is
higher. The confirmation invoice will detail when the balance is to be paid
(normally 8 weeks before departure). If you are making a booking less than 8
weeks before you wish to travel, you must pay the total cost of the holiday
when you make the booking. If you do not make the payments described above,
your holiday will be cancelled. We do not send reminders. Should we have to
cancel your holiday because you have failed to pay, you will be liable to pay
us cancellation charges (see paragraph (9)). Any money, which you pay to
your travel agent for your holiday after a confirmation invoice has been
issued, will be held by that agent on trust for us. Legally it must be paid to
us; you will have no claim to it.
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| 3) Our Price Policy |
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The advertise prices are correct
at the time of publication. We reserve the right to change prices from
time to time. Accordingly, it is possible that when you book your holiday
the actual price may have gone up or down. If the price of your holiday
has changed, your reservation advisor will confirm the correct price before you
make your booking. Once you have made the booking and paid the deposit
(or full payment if payment within eight weeks of departure) we guarantee that
we will not increase the price of your holiday. We also reserve the right
to correct errors at any time prior to the price being confirmed at the time of
booking.
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| 4) Tips |
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As a standard
tradition throughout the travel industry worldwide, an amount of tip in
accordance with the length of the tour will be added to the invoice.
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| 5) Special Requests |
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If you have a special
request for a facility or service not advertised (e.g. adjoining rooms) we
shall pass it on to the relevant supplier but we cannot guarantee that it will
be met and we have no liability to you if it is not.
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| 6) Can You Change Your Holiday Booking. |
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You can change your
holiday booking, but there may be financial consequences if you do so.
(a) You are free to change your holiday booking at any time before
confirmation.
(b) If you wish to change your booking after confirmation and more than 8 weeks
before the departure date, we will make such a change to another holiday
advertised by Hari Aum Holidays, subject to availability. We charge an
administration fee of £25 per person for making the change.
(c) If you wish to change your booking less than 8 weeks before the departure
date, this will be treated as a cancellation and a new booking.
Accordingly, you will be charged cancellation charges (see Paragraph (9)).
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| 7) Can We Change Your Holiday Booking?
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Because we have to make
arrangements with suppliers many months in advance, circumstances may arise
where we need to make changes. Our rights to make changes depend upon the sort
of change which we wish to make.
Changes are treated as either "significant" or "minor". A significant
change is a change to your UK airport (except between Heathrow and Gatwick) or
to your destination or to a lower category hotel as determined by the prices
advertised (except tours) or to your time of departure or return by more than
12 hours. A minor change is any other change including changing named
hotels on tours. We have the right to make minor changes at any time and we are
not obliged either to advise you in advance of your departure or to pay you any
compensation. Wherever practicable we shall tell you or your travel agent
before you depart of any minor changes. When we wish to make a
significant change, we will tell you or your travel agent as soon as
practicably possible before your departure. In such cases our obligations to
you will depend on the reasons for the change and the time at which the change
is made. However, in all cases of significant change you will be offered
the choice of:
(a) Accepting the change; or
(b) Purchasing another holiday from us (if it is more expensive you will have
to pay the difference, but if it is cheaper, we will refund the difference); or
(c) Cancelling your holiday and obtaining a refund of all payments made by you
to us for your holiday package. If we make a significant change more than 6
weeks before departure, we will only be liable to offer you the alternatives
set out above. If we make a significant change within 6 weeks of your departure
(except for reason of force majeure), we will pay you compensation set out in
the compensation table below, even if you choose the option of cancelling your
holiday and obtaining a full refund. If we make a significant change after the
date of commencement of your holiday we shall were possible, arrange for you to
be returned to the UK (if you wish) giving you a prorate refund of the
cost of the overseas components of your holiday or we will provide alternative
arrangements.
Compensation Table
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Period before departure
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Compensation per person
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| 0 - 14 days
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£25
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| 15 - 28 days |
£20
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| 29 - 42 days |
£15
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More than 42 days
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Nil
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Period before scheduled departure within which a significant change is notified
to you or your travel agent. The amount set out above will be the maximum
of our liability to you.
Force majeure means unusual and unforeseeable circumstances
beyond our control. Examples are war or threat of war, riots, civil strife,
terrorist activity, industrial disputes, natural or nuclear disaster, fire,
epidemic or health risk, or adverse weather conditions or similar event beyond
our control.
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| 8) When May We Cancel Your Holiday?
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We are entitled to
cancel your holiday in certain limited circumstances. We reserve the right to
cancel your holiday should you fail to pay or should you behave in an improper
manner (see paragraph (10)). In these circumstances you will be liable for
cancellation charges (see paragraph (9)). We also have the right, at our
absolute discretion, to cancel your holiday at any time more than 6 weeks
before your intended departure date and (but only for reasons of force majeure)
even after that date (see paragraph (7)) for the definition of force
majeure). Should we cancel in these circumstances, you will be offered
either an alternative holiday of a comparable standards or a full and prompt
refund of all monies paid by you. Except where we cancel for reasons of
force majeure we shall pay you compensation as set out in paragraph (7).
Please note that this is the extent of our liability to you.
Minimum Numbers:
We regret that we can only operate each of the holidays shown in the advertised
material if a sufficient number of people book them. If there is
insufficient demand, we have the right to cancel the holiday in question.
In this situation, you will then have the choice of the options shown
above. If possible, we will endeavour to offer you the same
holiday departing on a separate date. Where we cancel
for lack of numbers in accordance with this paragraph, no compensation or other
amounts (for example, the cost of any connected travel arrangements you have
made independently) will be payable
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| 9) Can You Cancel Your Holiday?
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You may cancel
your holiday but depending upon when you do so, there will be financial
consequences for you. This is because we incur expenses and losses when you
cancel. Cancellations will only become effective if received in writing and
signed by the person who signed the booking form. When we receive your written
cancellation we calculate the number of days before the booked departure date
and assess the cancellation charge accordingly. Set out below is a table of the
charge, which will be imposed depending upon the length of time between
cancellation and the intended departure date.
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Period before departure
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Cancellation charge
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| Departure day
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100% of cost of holiday |
| 1 - 14 days |
90% of cost of holiday |
| 15 - 28 days |
60% of cost of holiday |
| 29 - 42 days |
45 % of cost of holiday
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| 43 - 56 days |
30% of cost of holiday |
| More than 56 days |
Deposit only |
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Please note that we are entitled to deduct the cancellation charge from any
payment made by you for your holiday and to refund to you only the
balance. Please note that should you cancel, you automatically forfeit
the full amount paid by you for insurance. In certain cases the price of
your holiday is calculated by reference to the number of occupants cancels, not
only will there be a cancellation charge, but also the remaining members of
your party may have to pay an additional sum.
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| 10) Improper Behaviour |
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While at any airport,
port or any mode of transportation, while on holiday with Hari Aum Holidays,
you must not behave in an improper manner, which gives offence to others or
creates the risk of injury or damage to property. Should you do so, you
may be prevented from travelling or evicted from your hotel, at the discretion
of the Vehicle Company, Airline or the Hotel Manager. Should this happen we
will have no liability to you and we will not give you a refund of any portion
of the cost of your holiday. If we incur expenses as a result of your
behaviour, you will be obliged to compensate us for that expense.
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| 11) Flight Departure Times
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The
times of flight departures are provided to us by airlines but these times can
be affected by several factors including air traffic control and weather
conditions. That is why there can be no guarantee that flights will depart at
the times shown on the tickets which you will receive and any such delay is not
a matter for which we have liability to you. However, please refer to your
travel insurance, which provides details of travel delay insurance.
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| 12) Your Travel Agents Role.
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Any ABTA travel agent
is primarily there to help you but the contract for your holiday is with us and
not with your travel agent. Any information given to you by a travel agent,
which is not authorised by us, is the responsibility of the travel agent and we
do not accept liability for that information.
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| 13) What To Do If You Have a Problem Or a Complaint? |
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If
you have a complaint about any of the services or facilities which make up your
holiday, you have a legal duty to tell the actual supplier of those services or
facilities as soon as possible (in addition to following the procedure set out
below). If you do not do this it may affect your legal rights and may reduce or
even extinguish any compensation which you might otherwise be entitled to
receive. If you have a serious problem, which cannot be resolved with the
actual supplier, you should use the 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 or agents who will take all practicable steps
to help you. If your problem is still not resolved we will investigate your
complaint on your return provided you contact us immediately and in any event
within 28 days of your return). If you fail to do so our ability to
investigate may be seriously hampered and we reserve the right to reject your
complaint.
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| 14) What Are Your Rights When Something Goes Wrong?
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We recognise that
things can go wrong and you do have considerable rights under your contract if
this happens. These rights depend upon the conditions set out above and below,
what has actually gone wrong and whether or not you have suffered any personal
injury. We do not accept any liability for disappointment, which you may feel
as a result of unrealistic expectations.
(a) Your rights for damage which is not death, personal injury or illness.
Should any part of your holiday arrangements not be as described in advertising
material or any subsequent written amendments or not be of a reasonable
standard, we accept responsibility and we will pay you reasonable compensation;
unless there has been no fault on our part or that of our agents or suppliers
and the cause of the problem could not have been foreseen or avoided by us or
our agents or suppliers even if all due care has been exercised. If everything
has gone wrong and you have obtained no enjoyment whatsoever from your holiday
we will refund the cost of your holiday and any directly attributable expenses
This is the maximum at our discretion, taking into account all relevant
circumstances.
(b) Your rights in the case of death, personal injury or illness (arising out
of an activity forming part of your holiday arrangements booked with us). In
such cases we will accept responsibility except to the extent there has been no
fault on our part or the part of our agents or suppliers could have foreseen or
avoided even with the exercise of all due care. Where the cause is the act(s)
or omission(s) of our agents or suppliers our acceptance of liability is
subject to you assigning to us your rights against them and to your
co-operation with us in any legal action we take against
them.
(c) Your rights in the case of death, personal injury or illness (arising out
of any activity which does not form part of your holiday arrangements booked
with us). In such cases we will offer general assistance. This includes advice,
guidance and, at our discretion, financial assistance as appropriate up to a
limit of £500 (per booking form) to enable you or your legal representative to
take legal action against the person responsible for your death, personal
injury or illness, (on condition that this sum is repaid to us out of any sum
recovered from the person responsible).
(d) In all cases, where you suffer a loss in the course of air travel, rail
travel, sea travel or hotel accommodation we limit our liability to compensate
you in accordance with the provisions of, respectively, the Warsaw Convention
as amended by the Hague Protocol 1955, the 1961 Berne Convention, the 1974
Athens Convention and the 1962 Paris Convention.
Other than as set out above, we have no liability for death, personal injury or
illness.
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| 15) Licensing
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Air
Holidays
Hari Aum Holidays is licensed by the Civil Aviation Authority under ATOL No:
6255 and are bonded with major banks to protect customer holiday
repatriation. In the unlikely event of 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: www.atol.org.uk.
Coaching Holidays
In accordance with the E.C. Directive 90/314/EC all passengers booking with
Hari Aum Holidays are fully protected against the loss of all monies paid to us
for the holiday (and repatriation if required) due to insolvency, by way of an
Insurance Policy with Contractors Bonding Limited of Tower 1, Shortland Centre,
51 Shortland Street, PO Box 3772, Auckland New Zealand. The administrator
of the scheme is Status Insurance Management Ltd, PO Box 2256, Billericay,
Essex CM12 0DH. Status Insurance Management Ltd is authorised and
regulated by the Financial Services Authority. Contractors Bonding Ltd is
regulated by the New Zealand Insurance Superintendent.
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| 16) Governing Law |
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All matters arising
under your contract are governed by English law and are subject to the
exclusive jurisdictions of the English Courts.
Aum Plc, trading as Hari Aum Holidays.
560 North Circular Road
Neasden London
NW2 7QA
Tel: 0870 041 4750
Fax: 0870 041 4751
Website: www.hariaum.com
Email: info@hariaum.com
Registered in England
Company No. 3090350
VAT No. 689 5907 58
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