1. YOUR HOLIDAY CONTRACT
The holidays featured are operated by The Eden Collection Ltd ('the Company'/'we'/'us'/'our') which is registered in England under Company number 6664069. Your contract is with the Company and the following booking conditions will form the basis of your contract with the Company. 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 ('claim') which arises between us. We both also agree that any such claim (and whether or not involving any personal injury) must be dealt with 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 claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply) . In these booking conditions, 'you' and 'your' means all persons named on the booking, or any of them as applicable (including anyone who is added or substituted at a later date). 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 to 'booking', 'contract', 'holiday' or 'arrangements' mean such arrangements unless otherwise stated, 'accommodation' means the hotel, apartment or chalet which you have booked as part of your holiday and 'departure' means the start date of the arrangements you have booked with us.
2. YOUR FINANCIAL PROTECTION
For flights and flight inclusive arrangements, we provide security for the monies that you pay us and for your repatriation in the event of our insolvency by way of an ATOL number (9902) administered by the Civil Aviation Authority (CAA). When you buy an ATOL-protected air holiday package** and/or flights from us, you will receive a confirmation invoice from us (or via our authorised travel agent) confirming your arrangements and your protection under the Company's ATOL*. 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
Not all holiday or travel services offered by us are protected by the ATOL scheme, all non-air inclusive holiday packages** are protected by ABTA (Y6116). ABTA will financially protect your arrangements in the same way except that, if you are already abroad, you will be returned to the point where your contracted arrangements with us were due to finish. Please go to
www.abta.com for a copy of the guide to ABTA's scheme of financial protection. The company does not provide financial protection for accommodation-only bookings.
*The air inclusive holidays 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.
**A package is a combination of at least two out of accommodation, transport and other tourist services, when bought from us at the same time, at an all inclusive price.
On making an enquiry with us or one of our authorised travel agents regarding a holiday booking, we will issue you with a quote. To secure your booking (subject to availability), you should contact us or your authorised travel agent to confirm your booking and pay the relevant deposit as detailed in clause 4. All correspondence will be sent to the client at the address specified or, where you book through one of our authorised travel agents, to the agent. The person who makes the booking ('party leader') guarantees that he/she has the authority to accept and does accept on behalf of all members of your party, the terms of these booking conditions. The party leader accepts responsibility for paying for all persons named on the booking and for keeping them advised of the booking details and all information we send to you. A contract will exist between us as soon as we issue our confirmation invoice. Please check the contents of the invoice and all other items we send you carefully and, in the event of a discrepancy or error, contact us immediately as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
A minimum deposit of 10%, with a minimum of £250* per person and with a maximum of £2500 per booking, of the total holiday cost must be paid at the time you confirm your booking. For villa and chalet bookings, a deposit of 30% of the total holiday cost is required. The amount of your deposit will be notified to you when we issue you with a quote. Approximately 10 weeks before the date your arrangements are due to commence, we will send you a final invoice. Where applicable, this invoice will show any surcharge which has become payable – see clause 6 'The Price You Pay'. The price of your holiday as shown on your final invoice will not increase. Usually, the balance of the cost of your arrangements must be received by us not less than 8 weeks before the date your arrangements are due to commence. If the booking is made within 8 weeks (or after the balance due date if earlier) of the date your arrangements are due to commence, the full cost of the holiday must be paid at the time of the booking. For some holidays or elements of holidays, full payment must be received earlier than 8 weeks in advance. We will advise you at the time of booking where this is the case. In the event that the balance is not paid by the due date, we have the right to treat your holiday as cancelled by you and you will forfeit all payments made or due at that date. Alteration or cancellation by a client of an accepted booking will be subject to the provisions of these booking conditions.
*Please note that higher deposits may be requested if prepayments to suppliers are necessary. All payments made at the time of booking are non refundable except where otherwise specifically stated in these booking conditions.
NB: A selection of our airline fares require full payment at the time of booking and also carry 100% cancellation charges. If this is the case, we will advise you at the time of booking. We reserve the right to pass on credit card charges for holiday balance payments.
Except for flight inclusive bookings, all monies you pay to an authorised travel agent for your booking with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, the agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings all monies you pay to an authorised travel agent for your booking with us will be held by the travel agent on our behalf until they are paid to us or refunded to you.
5. SPECIAL REQUESTS AND DISABILITIES / MEDICAL PROBLEMS
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret
we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as 'standard' bookings subject to the above provisions on special requests. If you have any medical problem or disability which may affect your arrangements or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of your chosen arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical problem or disability develops after your booking has been confirmed which may affect your arrangements.
6. THE PRICE YOU PAY
The Eden price promise is based on a like-for-like quote at the same time of booking compared to suppliers' published/rack rates. The prices shown in this brochure were calculated on the basis of then known costs and exchange rates as shown in the Financial Times Guide to World Currencies on September 2012. We reserve the right to alter and correct errors in the prices of any of the holidays shown in this brochure. You will be advised of the current price of the holiday that you wish to book, at the time of booking. 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. 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. We will not however surcharge for variations in exchange rates. 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 any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding 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 11 'Cancellation or Changes Made by the Company'. Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 11 below. 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 your arrangements. Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday 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 promise not to levy a surcharge after we send you our final invoice approximately 10 weeks prior to departure. No refund will be payable if any decrease in our costs occurs during this period either.
7. IF YOU CHANGE YOUR BOOKING
If, after your confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will do our utmost to make these changes, however, please note that it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be required to pay an administration charge of £45 per booking, plus any further costs we incur or our suppliers incur or impose in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. NB: Certain travel arrangements, like many flight bookings
for example, cannot be changed after a reservation has been made and, therefore, any alteration requests could incur a cancellation charge of up to 100% of that part of the arrangements, plus any additional charges for replacement services.
8. INABILITY TO TRAVEL
(this clause applies to packages only)
If any booked person is prevented from travelling on the holiday you booked due to genuine circumstances (such as your own personal injury or illness or the death or serious illness of a close relative), the Company will agree to that person's booking being transferred to another suitable person (introduced by you) provided they meet all the requirements relating to that holiday and, that the holiday arrangements remain the same apart from the name change. You must provide proof of why you are unable to travel, at the time you request to transfer your booking. The Company must be given reasonable notice of the transfer request and in any event, the booking cannot be transferred within 14 days of the date of departure. If the transfer can be made then an administration charge of £45 per booking together with all costs and charges levied or incurred by the suppliers must be paid before the transfer will be effected. For flight inclusive arrangements, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the original flight in addition to the cost of the new flight. Bookings may not be transferred to another person in any other circumstance. In the event of you transferring your booking to another person, you are jointly and severally liable for payment of the holiday cost and other associated expenses. The person to whom the booking is transferred must agree to be bound by these booking conditions.
You are required to pay the balance of your holiday by the due date, as shown on your invoice. If you do not, then the Company reserves the right to cancel the booking and retain your deposit. You may cancel your holiday arrangements, or any part of them, at any time. To make a cancellation, the party leader must write to the Company as soon as possible with full details. Since we incur costs in cancelling your holiday arrangements, you will have to pay the applicable cancellation charges as detailed below. Upon receipt of the written cancellation at our offices, the following charges will be levied depending on the number of days prior to departure:
Period before departure we receive written notification
|Before Balance Due Date||Loss of Deposit|
|Balance due to 45 days||30% of balance plus deposit|
|44 to 20 days||75% of balance plus deposit|
|19 to 0 days||100% of balance plus deposit|
|Day of departure or after||100% of total holiday cost|
Where any cancellation affects the basis on which the cost of your holiday was calculated (for example, where as a result only one person will occupy a double/twin room), we will recalculate the cost and re-invoice you accordingly.
The above cancellation charges may vary to reflect the terms and conditions of the Company's suppliers and some bookings are subject to 100% cancellation charges if cancelled at any time. You will be advised at the time of booking if the conditions vary and if higher cancellation charges apply.
NB: We strongly recommend that you have adequate TRAVEL INSURANCE including cancellation cover. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges (less any applicable excess) from the insurance company.
10. ALTERATION TO A CONFIRMED BOOKING AFTER TRAVEL HAS COMMENCED
We regret that no credit or refund is possible for any unused services included in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and the Company is not responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents.
11. CANCELLATION OR CHANGES MADE BY THE COMPANY
Occasionally, we may have to make changes to your holiday arrangements and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of 'force majeure' (see clause 12) or failure by you to pay the final balance.
NB: Carriers, such as airlines, referred to in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/ return flights by less than 12 hours, change to different accommodation of the same standard and changes to aircraft type (where advised).
If we have to make a significant change before the date your arrangements are due to commence we will inform you or your travel agent as soon as reasonably practical. Significant changes are changes to your confirmed arrangements such as a change of UK airport to one which is more inconvenient to you (except as between Heathrow, Gatwick and Stansted), a change of resort or accommodation to a lower category/standard or an alteration to the outward or return time of your international flight (where arranged by us) by more than 12 hours. If there is time to do so we will offer you the choice of:
a) accepting the changed arrangements, or b) purchasing other arrangements from us, or c) cancelling your arrangements and receiving a full refund of all monies you have paid to us
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel less than 8 weeks before the date your arrangements are due to commence we will 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 we are forced to make a change or cancel as a result of
of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. 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 if the change made is a minor one.
Period before departure a significant change or cancellation is notified to you or your travel agent||
Compensation Per Person|
|56-35 days||£50 per person|
|34-15 days||£75 per person|
|14 to 0 days||£100 per person|
Very rarely, we may be forced by 'force majeure' (see clause 12) to change or terminate your arrangements after they have commenced but before their scheduled end. This is extremely unlikely but if this situation does occur, we will try to obtain refunds for any unused services from our suppliers. If we are successful we will pass these on to you after deducting our own costs in obtaining them. If we are not successful we regret we cannot give you any refund as this situation is totally outside our control. We cannot pay you any compensation or be responsible for any costs or expenses incurred by you as a result. In accordance with EU Regulation 2111/2005 we are required to bring to your attention the existence of a 'Community List' of airlines which are subject to an operating ban in the EU and to advise you of the actual carrier operating your flight/connecting flight/transfer or, if not known, the likely carrier. We do this by listing the carriers to be used or likely to be used in the Airline Information pages and, where known, advising you of the operating airline at the time of booking. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. The Community List of banned carriers is available for inspection at http:// ec.europa.eu/transport/air-ban/list_en.htm 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 above provisions of this clause 11 where a significant change is made will apply.
12. 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 contractual obligations is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, 'force majeure'. Circumstances amounting to 'force majeure' include any event that we or the supplier of the services in question could not, even with all due care, foresee or avoid such as (whether actual or threatened) war, civil strife, riot, terrorist activity, industrial dispute, natural or nuclear disaster, fire, sickness, weather conditions, the acts of any government or public authority and all similar events which are beyond our control. Please note that we are reliant on information provided by the Foreign Office.
13. RESPONSIBILITIES OF THE COMPANY
(clause 13(1) applies to packages only)
(1) We promise to make sure that the 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 or personal injury or your contracted 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 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 (including loss of possessions and 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 arrangements and which were unforeseeable or unavoidable; or||'force majeure' as defined in clause 12 above|
(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 accommodation or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. Please also see clause 17 'Excursions and Activities.' In addition, regardless of any wording used by us on our website, in any of our brochures 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 arrangements in question.
(5) For all claims which do not involve death or personal injury or luggage or personal possessions, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 13(6) below or elsewhere in these booking conditions. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 13(6) below. You must ensure you have appropriate travel insurance to protect your belongings.
(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 or rail carrier to which any international convention or regulation applies, 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 concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens Convention for international travel by sea or COTIF, the Convention on International Travel by Rail).
Please note: Where a carrier 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 for the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) 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 (b) 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 losses or expenses which relate to any business (including self employed loss of earnings).
14. YOUR RESPONSIBILITIES
(1) It is your responsibility to arrive at the correct departure point in good time before departure and any loss, damage or expense which you suffer through failure to do so lies with you. We cannot accept any liability if you miss your flight or any other form of transport.
(2) At all times, you must behave in a reasonable and responsible manner towards any other person you meet in the course of your travel arrangements. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party's full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
(3) You must take all sensible precautions to protect your own safety and wellbeing while you are on holiday. Please ensure you are familiar with the layout of your hotel or other accommodation and in particular the location of fire exits, escape routes and alarms as soon as possible after arrival. Children of all ages should be appropriately supervised at all times given local safety standards may be very different to those found in the UK, particularly in the vicinity of swimming pools and balconies which present inherent risks. Balconies may not be enclosed in a way which would prevent a child or adult falling from them. Swimming pools may not have regular or reliable depth markings and may contain unexpected and unmarked changes of depth. Swimming pool surrounds may be slippery when wet. You must personally familiarise yourself with the depth of the pool and any hazards it contains. The pool should be checked before every use and any apparent defects immediately reported. You must not enter any pool after drinking any alcohol, even a moderate amount, or when it is closed and must not dive into it except into any area which is specifically designated as suitable for diving and then only after you have personally checked the depth.
(4) Any passports, visas, health certificates, international driving licences and other immigration requirements and travel documents required for the holiday must be obtained by the client, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by the client or by the Company on the client's behalf) as a result of failure to comply with such requirements.
15. 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 which affect your rights to compensation. You can request copies of the relevant conditions of carriage from our offices. This brochure is our responsibility, as your travel company. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Scheduled airlines' prices are based on fares current at the time of print. All airlines are subject to operational delays, change of aircraft and routing, over which we have no control. In the unlikely event that this does happen, arrangements for meals, overnight accommodation, etc. should be met by your airline. Conditions of carriage are available on request.
NB: In accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of age on the date of his/ her return flight.
16. BROCHURE DESCRIPTION, FREE OFFERS AND SINGLE SUPPLEMENTS
All information concerning the hotels, villas and resorts used by the Company is continually checked to ensure that it is correct at the time of advertising. Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the holiday arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovation etc. If you are a single traveller, or your party consists of a number less than the accommodation sleeps, a supplement will be levied. This is because our contract is based on a price per room/villa/chalet, whilst our holidays are sold on a per person basis, including flights and other elements. Some hotels do offer rooms that only sleep one person and, in this instance, there will normally be a supplement. Pictures of rooms shown in the brochure may not illustrate the room booked or that available with lead-in prices.
17. EXCURSIONS AND ACTIVITIES
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. 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 13(1) of our booking conditions will not apply to them. Where we or your accommodation supplier/manager make or take any booking for or from you in respect of any activity or excursion available outside your accommodation, we or the accommodation manager/ supplier, as applicable, 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 or the accommodation manager/supplier 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.
Where your accommodation supplier/manager (e.g. your hotel) makes or takes a booking for or from you in respect of an activity, facility or service provided by the accommodation supplier/manager but which is not advertised in our brochure or on our website and we have not taken any payment from you for this activity, facility or service, your contract for that activity, facility or service is directly with the hotel and not us. We have no liability for any such activity, facility or service or for any act(s)
or omission(s) of the accommodation supplier/manager or for any of its/their employees or agents or any other person(s) connected with the activity service or facility. If however we are found liable in any respect for any such activity or excursion that liability is limited to the price you paid for the particular activity, facility or excursion concerned.
Nothing in this clause 17 shall be construed as an attempt by us to exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
Should you have a problem or any cause for complaint during your holiday, you must immediately inform the relevant supplier (e.g. your hotelier, chalet management company, airline) and our resort representative (where applicable) who will endeavour to rectify the problem while you are on holiday. If your problem or complaint remains unresolved, please telephone us on 01244 567 000 reversing the costs of the call, or call the emergency contact numbers as detailed in your itinerary. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, please follow this up within 28 days of your return by writing to our Client Services Department at Eden Luxury Travel, 1 Heritage Court, Lower Bridge Street, Chester, Cheshire, CH1 1RD, giving your booking reference/details of your booking and all other relevant information. It is strongly recommended that you communicate any problem or complaint to the supplier of the services in question as well as to our representative (where applicable) without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your problem or complaint whilst you were in resort and this may affect your rights under your contract with us.
19. DATA PROTECTION