TRADING CHARTER for D.J. Thomas Coach Holidays

D.J. Thomas Coach Holidays of 1 Charlesville Place, Neath, SA11 1PY is a trading name of Neath Coach Travel Limited, registered in England & Wales. Registered office: Milland Road, Neath, SA11 1NJ.

OUR TRADING CHARTER WITH YOU.

1. Why should I read this?
Because it is very important. Our Trading Charter forms a key part of our agreement with you and forms the basis of a legally binding contract between you as the lead name making the booking, anyone else in your party and us.
When you make this booking as the lead name you undertake that you have the authority to accept, and do accept, on behalf of your party the terms of these booking conditions.  This contract is made subject  to the  terms of the these booking conditions, which  are governed by English,Law, and the non-exclusive jurisdiction of the English Courts.
If your holiday involves any travel by air your contract will be with the ATOL holder named on the individual brochure page.
These contract terms and financial guarantees will not apply to any holiday involving any type of flight.  Instead, you will be supplied with the full booking conditions of the ATOL holder arranging your holiday.  Your booking agent will have a copy or alternatively you can request one prior to booking your holiday from the ATOL holder named on the individual brochure page.
If you did not see this trading charter before you made your booking and you are not happy to proceed with the booking now that you have seen it, please return all documentation to us or the travel agent through whom you booked within 7 days of receiving this charter.  Your booking will be cancelled and your moneys will be returned in full, providing you have not commenced your travel.

2. How and when do I make this contract with you?
We welcome you making contact with us in a number of ways.  You can write to us, phone us, use a nominated travel agent or email us.  Whichever way you contact us the contract is made when your booking is entered on to our reservation system and we issue a confirmation of booking.  We will send you, or your agent the confirmation of your booking within seven working days.  Please check the confirmation very carefully to ensure all the information is correct and tell us, or your agent, immediately of any errors.

3. How is my holiday money protected?
In accordance with "The Package Travel, Package Holidays and Package Tours Regulations 1992" all passengers booking with D.J. Thomas Coach Holidays are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of D.J. Thomas Coach Holidays.  There is no requirement for Financial Protection of day trips, and none is provided. This insurance is only valid for packages booked that DO NOT include flights.  This Insurance has been arranged by International Passenger Protection Limited and underwritten by Insurers who are members of the Association of British Insurers & Lloyds Syndicates.

4. If we cancel your holiday.
Our aim is to provide your holiday as booked, but we do reserve the right to cancel your holiday in any circumstances, including for example, having to cancel because not enough people have booked on your holiday.  If we cancel your holiday you can either have a full refund of all monies you have paid or buy another available holiday from us.

5. When do I need to pay for my holiday and how much?
At the time of booking you will need to pay a £45.00 deposit for each person named on the booking.

Your balance is due:
56 days before departure date.

Where optional items are purchased as part of the tour package these are payable on the balance due date except where items, such as theatre tickets, have been specifically purchased for you.  In this case the cost will be payable at a separate date notified to you and will not normally be refundable unless we obtain a refund from the supplier we use.

6. If I use an agent who does my money belong to?
Your agent will hold your deposit on your behalf until we issue a confirmation of your booking.  The agent then holds this money on our behalf.  The agent holds any balance you pay on your behalf until the date the balance is due.  The agent will then hold this balance payment on our behalf.

7. Can you change the price of my holiday after you have issued the booking confirmation?
Yes we can, but only in very limited circumstances.  The price of your holiday is subject to change for an increase or decrease in any of the following costs:
Transportation costs including fuel (including fuel tax), ferry operator fares and tolls, embarkation or disembarkation fees at terminals.
  .  We reserve the right to surcharge fuel should the price exceed £1.40 including VAT.
  .  Dues and taxes (including the rate of VAT).

Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes any insurance premium, and any amendment charges.  Only amounts in excess of this 2% will be surcharged, but where a surcharge is payable there will be an administration charge of £1 per person together with a separate amount to cover your agent’s commission.
If this means paying more than an extra 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid.  Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the revised invoice,  Alternatively, you may prefer to take a comparable alternative holiday, if available, details of which will be provided with the revised invoice.  We will not surcharge you after the date that your balance is due unless the change relates to any amount set by or payable to a Government of a country forming part of the holiday and even then no surcharge will be imposed less than 30 days pre-departure.

8. Can I change my holiday arrangements?
After we have issued our booking confirmation we will do our best to accommodate any changes you may want to make but we cannot guarantee to do so.  Any significant alteration after the balance due date will be treated as a cancellation of the original booking and will be subject to the cancellation charges detailed below.  A significant alteration would include a change of departure date, holiday or hotel, or number of people travelling.

9. Can I transfer my booking to someone else?
You can transfer your booking to someone else provided you give us reasonable notice.  This person must be able to satisfy all the conditions for the holiday and a change cannot normally be made later than 14 days prior to departure.  We will make an administration charge of £10 per person for every transfer we make plus any reasonable additional costs caused by the transfer.  You will remain responsible for ensuring that the holiday is paid for by the balance due date.

10. How can I cancel my holiday?
You, or any member of your party, may cancel at any time provided that the cancellation is made by the person who made the booking and has communicated to us in writing via the office at which you made your original booking.  You will have to pay cancellation charges set out in the scale below to cover our estimated loss resulting from the cancellation.  If you are insured against cancellation you may be able to recover the charges from your insurers.  Your cancellation will take effect from the date when either the travel agent or we receive your written confirmation of your cancellation.  You must also return any tickets or vouchers that you have received.  A reduction in room occupancy may increase the charges for the remaining passengers by the application of supplements for low occupancy rooms.

Scale of Cancellation Charges:

Period before departure within which written cancellation of the holiday price is received

Amount of cancellation charge as a %

More than 56 days

Deposit

56 – 29 days

30%

28 – 21 days

45%

20 – 15 days

60%

14 – 0 days

100%

Voluntary termination whilst on holiday

100%

11. What happens if you change my holiday?
The arrangements for your holiday will usually have been made many months in advance.  Sometimes changes are unavoidable and we reserve the right to make them.  Most of these changes are likely to be minor and we will do our best to keep you informed.  We will tell you before your booking is confirmed if there have been any changes since the brochure was published.
If, after booking and before departure, we make a significant change to your holiday you will have the option of withdrawing from the holiday without penalty or alternatively you may transfer to another holiday without having to pay an administration fee.
A significant change would involve a change in departure date, location of resort or quality of hotel.

If you withdraw from the holiday because we have made a significant change or if we have to cancel your holiday for any other reason other than non-payment by you we will offer you the choice of:

   .   A comparable replacement holiday if available; or
   .   a replacement holiday of lower quality together with a refund of the price difference; or
   .   a full refund of the money you have paid.

When we have notified you of the changes and options available, you must tell us your decision as soon as possible and within any timescale we may need to set bearing in mind the need to safeguard the holiday arrangements of other customers.

Scale of Compensation:
We will pay you compensation for significant changes on the following scale, only if the alternative holiday choice is taken:

Period before departure

Holidays up to 5 days
Amount per person

Holidays more than 5 days
Amount per person

More than 56 days

Nil

Nil

56 – 22 days

Nil

£10

21 – 15 days

£10

£15

14 – 8 days

£15

£20

7 – 0 days

£20

£25

Payment of compensation according to the scale set out above will not affect your statutory right to claim further compensation if, in all the circumstances, you remain dissatisfied.
You are entitled, if appropriate to be compensated for the non-performance of the contract except where:
  a)  The package is cancelled because the number of persons who agreed to take it is less than the minimum number required, and you were informed.
  b)   The package is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.
If, after departure, we need to make a change to a significant proportion of your holiday we will do our best to make suitable alternative arrangements at no extra cost to you.  If it proves impossible to make suitable alternative arrangements or if you have reasonable grounds for refusing the alternative offered, we will arrange transport back to your point of departure or to an alternative location that we agree to.

12. Concert & Event Cancellations.
In the event of a concert or event being cancelled outside the control of D.J. Thomas Coach Holidays no refund for the concert ticket will be made unless the ticketing agent or company refunds the ticket value price.
Where transport and accommodation arrangements have been made as part of the package - no refund will be given if the tour has commenced and notification of the cancellation of the concert and event is received after the 1st pick-up points have began.
D.J. Thomas Coach Holidays where possible will endeavour to re-arrange events or concerts as near to the original date as possible.  Please note that the re-arranged tours will be at an extra charge.  Concert breaks - where accommodation and tickets are purchased as part of the package and the artist/event is cancelled out of the control of D.J. Thomas Coach Holidays may result in cancellation charges being passed on to the client.

13. Force Majeure.
Except where otherwise expressly stated in these 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 injury, damage, loss or expense of any nature as a result of ‘force majeure’.  In these 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, disease, fire and all similar events outside our control.

14. What is the extent of your liability?
We accept responsibility if you or any member of your party is killed or injured as a result of an activity forming part of your holiday arrangements which you booked with us before your departure; or if any part of your holiday arrangements, booked with us in the UK, is not as described in the brochure or not of a reasonable standard; if the failure in your holiday arrangements or any death or personal injury is due to any fault on our part or that of our agents or suppliers whilst acting in the course of their employment.  We do not accept responsibility if the failure, death or personal injury is not caused by any fault of ours or of our agents or suppliers or is caused by you or someone not connected with your holiday arrangements; or if the failure, death or personal injury is due to unusual or unforeseen circumstances which, even with all due care, we, or our agents or suppliers, could not have anticipated or avoided.  Where you, or any member of your party, participate in sports or any other activity that involves an element of risk whilst on holiday and this has been arranged completely independently of D.J. Thomas Coach Holidays it should be understood that participation is at the individual’s own risk and it is their responsibility to obtain the relevant insurance.
For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you  is the price the person  affected paid for their holiday (not including insurance premiums and amendment charges).  D.J. Thomas Coach Holidays does not accept any liability for any changes or delays to any form of transportation where this does not form any part of the holiday you have booked with us.
If you or any member of your party is killed, injured or becomes ill as a result of transport by ship, train or coach, any liability which we may have to pay compensation is limited in line with the Athens Convention (applies to transport by ship), the Berne Convention (applies to transport by rail) and the Geneva Convention (applies to transport by road).  You can get copies of the relevant conventions from us if you ask.  You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you.
If we make any payment to you or any member of your party for death, personal injury or illness, you will be asked to assign to us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness.
Our suppliers (such as accommodation / transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier.  Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you.  You can get copies of such conditions from our offices, or the offices of the relevant supplier.

15. What do I need to do if I have to complain?
If you have a complaint during your holiday you should tell the driver/representative or supplier at the earliest opportunity so that they can do their utmost to resolve the problem immediately.  If, on your return from holiday you remain dissatisfied, you should write within 28 days to the Customer Services Manager, D J Thomas Coach Holidays, 1 Charlesville Place, Neath, SA11 1PY.

In your letter you will need to quote your booking reference number and departure date.  If you do not tell us at the earliest opportunity about a problem giving rise to your complaint we cannot  take steps to investigate and rectify it.  In deciding how to respond to your complaint we will take into account the date you first drew the problem to the attention of our driver/representative or supplier.

16. Coach seating.
There is a seating plan of the coach for each holiday, but it is possible that on occasions operational reasons will require us to use a coach with different configuration or we may combine tour departures.  We therefore reserve the right to alter a coach-seating plan and allocate seats other than those you have booked.
Requests for particular seats can be made on most holidays when booking, but because allocations are made on a first come, first served basis you are recommended to book early.  When your booking is confirmed you will be offered the best seats that are available at the time.  If you know someone who may want to book later but sit near you, please discuss this with the booking clerk at the time you make your booking.
Specific seats may not be allocated on coaches which operate on feeder services between joining points and main holiday departure points, on coaches which carry out transfers to and from seaports, airports or concert tours.

17. Health and Safety on holiday.
Some people may be at risk from discomfort or deep vein thrombosis (DVT) if they remain immobile on a journey for a long period of time.  If you are planning to undertake a bus or coach journey of more than 3 hours you should consult your doctor if you have ever had DVT or pulmonary embolism, a family history of clotting conditions, cancer or treatment for cancer, a stroke, heart or lung disease or if you have had major surgery in the past 3 months.  We reserve the right to refuse any booking in the absence of a doctor’s certificate confirming that you are fit to travel.  During the journey we will provide comfort stops as frequently as possible.  During these stops you are encouraged to get off the coach and walk around.  Exercise reduces any discomfort which may be caused by periods of immobility.  During any journey you should drink alcohol only in moderation as it leads to dehydration.

18. Passenger behaviour.
We want all our customers to have a happy and carefree holiday.  But you must remember that you are responsible for your behaviour and the effect it may have on others.    If you or any member of your party is abusive or disruptive or behaves in a way which, in our reasonable opinion, could cause damage or injury to others or affect their enjoyment of their holiday, or which could damage property, we have the right, after reasonable consideration, to terminate your contract with us.  If this happens we will have no further obligations or liability to you.  The coach/driver representative, ship’s captain, or authorised official of other means of transport is entitled to refuse you boarding if in their reasonable opinion you are unacceptably under the influence of drink or drugs or you are being violent or disruptive.  If you are refused boarding on the outward journey we will regard it as a cancellation by you and we will apply cancellation charges according to the scale in section 10.  If the refusal is on the return journey we have the right to terminate the contract and will have no further obligations or liability to you.

19.No smoking policy.
We operate a strict no smoking policy on all our coaches.  We make frequent comfort stops.  The no smoking policy of other carriers and suppliers will vary and will be supplied on request  if you contact D.J. Thomas Coach Holidays ………………….

20. Pets.
We do not allow pets to be taken on our holidays, although registered Assistance Dogs will normally be accommodated.

21. Pick up point, itineraries, travel documents and passport.
You are responsible for ensuring that you are at the correct departure point, at the correct time, with the correct documents and we cannot be held liable for any loss or expense suffered by you or your party because of incorrect paperwork or late arrival at the departure point.
When you have paid the balance we will send you or your booking agent all the necessary documents so that you will receive them in good time for your holiday.  Certain travel documents may have to be retained by us and your driver/courier will then issue them to you at the relevant time.  If you lose a travel document after it has been issued to you we will require you to meet the direct cost charged by the carrier/supplier for the issue of a duplicate or replacement.

D.J. Thomas Coach Holidays reserves the right to modify itineraries to conform with requests from the competent authorities in the United Kingdom and any other sovereign state through which the tour will operate.  Included excursions are detailed on the relevant brochure page and refunds will not be made for any excursion not taken.  Optional excursions may be booked and paid for in resort but these will not form part of the package booked with us.
Admission fees to buildings, ground etc. are not included in the price of the holiday unless otherwise stated on the relevant brochure page.

22. What happens if I am delayed?
Your travel insurance may cover you for some delays.  In addition where you are delayed for more than six hours in any one day we will seek to minimise any discomfort and where possible, arrange for refreshments and meals.

23. Do I need to take out travel insurance?
We strongly advise all our customers to take out travel insurance to cover medical and repatriation costs, personal injury, loss of baggage and cancellation charges.  It is not compulsory in law to have travel insurance for our tours within the United Kingdom.  If you do not have adequate insurance and require our assistance whilst on holiday, we reserve the right to reclaim from you any medical repatriation or other expenses which we may incur on your behalf which would otherwise have been met by insurers.

24. What assistance will you give me if things go wrong when it is not your fault?
If you, or any member of your party suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package, your package travel arrangements or an excursion arranged through us in the UK, we shall at our discretion, offer advice, guidance and assistance.  Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings.  Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves.  We limit the cost of our assistance to you and any member of your party to £5000 per party.

25. Special needs.
We are keen to plan arrangements for your holiday so that special needs and requests can be accommodated as far as possible.  If you will need assistance or special facilities in the hotel, or may have difficulties in taking part in excursions or boarding and travelling on the coach or other means of transport you must let us know in advance.  Not all the holidays in this brochure may be suitable for you.  We want you to enjoy your holiday and will try to help you select an appropriate trip.  If you need advice or further information either you or your booking agent should contact us.

26. Special requests.
If you will require a special diet please tell us before booking, or as soon as you are medically advised, and send us a copy of the diet.  We will notify the hotel or hotels on your holiday but please note that some hotels may not have the facilities to cope with special diets and we cannot be held liable for their failure to do so.  Where we think this is likely to happen we will tell you prior to your booking confirmation being issued so that you can exercise your right to cancel your holiday booking without charge.  Any extra costs incurred must be paid to the hotel by you prior to departure from the hotel.
You should also detail any other requests, for example, low floor rooms, particular rooms or locations at the time you make the booking.  We will pass your request to the relevant supplier but this does not necessarily mean that your request will be fulfilled.  If a request can be fulfilled you may incur an extra charge payable either to us or direct to the hotel.  Please note that requests cannot be guaranteed unless we confirm on your booking confirmations that this is a guaranteed requirement.

27. Single Occupancy.
Single occupancy of rooms when available may be subject to a supplementary charge.

28. Entertainment.
Some of our hotels arrange additional entertainment.  Where this is part of the holiday details are given on the respective brochure page.  Where it is not specified it may still be available but is at the discretion of the hotel and is not guaranteed.  It may be withdrawn if there is lack of demand or for operational reasons.

29. Data Protection Act.
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we, and your travel agent, need to use the information you provide such as name, address, any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper measures are in place to protect your information.  We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc.  The information may also be supplied to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
We will not, however, pass information on to any person not responsible for part of your travel arrangements.  This applies to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements.  If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking.  In making this booking, you consent to this information being passed on to the relevant persons.  Please note that where information is held by your travel agent, this is subject to your agent’s own data protection policy.  You are entitled to a copy of your information held by us.  If you would like to see this, please contact us.  We retain your full contact details and other information in secure files and electronic storage facilities.  We may use this information to contact you by mail, telephone or electronic means.  We will provide you with details of other goods and services including those of selected third parties.  If you do not wish to receive the further information about products and our services from either ourselves or third parties please write us.

30. Accuracy of Website Information.
This website aims to ensure that all information is correct and up to date. However certain changes may not be refelected on this website and any queries should be directed to the customer service manager on 01639 636640