FAIR TRADE AGREEMENT
14. What happens if you change my holiday? impossible to make suitable alternative arrangements, or if you
The arrangements for your holiday have usually been made months have reasonable grounds for refusing the alternative offered, we will
in advance. Sometimes changes are unavoidable and we reserve the arrange transport back to your point of departure, or to an alternative
right to make them. Most of these changes are likely to be minor but location that we agree to. Unless the change is as a result of unusual
where they are significant we will notify you as soon as reasonably and unforeseeable circumstances beyond our control (force majeure
possible before your departure date. as described above), you will also be entitled to compensation.
A significant change includes a change in departure date or 16. What is the extent of our liability?
return time of more than 12 hours, a change of location or resort Your package contract with us will be performed or provided with
area, or reducing the quality of your main hotel (excluding single reasonable skill and care. We accept responsibility if you or customers
overnight hotels on touring holidays where the quality of the named in the booking suffer death or personal injury, or the
hotel is comparable) or a change of tour itinerary which involves a contractual arrangements are not provided as promised, as a result of
destination being completely eliminated from the revised itinerary. the failure of us or our agents or suppliers or the employees of each
whilst acting in the course of their employment unless the failure or
In the event of a significant change you may decide to: improper performance is due to you, or any of the following:
(a) continue with the holiday as amended or • a third party unconnected with the provision of the travel
(b) accept an alternative holiday which we may offer to you or arrangements, or
(c) cancel your booking.
• unusual and unforeseeable circumstances beyond our control,
If you choose (a) or (b) we will pay you compensation on the scale the consequences of which could not have been avoided even
below. If you choose (c) we will refund all monies paid by you plus if all due care had been exercised, or
compensation on the scale below. No other claims for compensation
or expenses will be considered. • an event which we or our suppliers, even with all due care,
could not foresee or forestall,
When we have notified you of the changes and options available
you must tell us of your decision as soon as possible and within any provided that in these 3 events we would still endeavour to give
timescale we may need to set bearing in mind the need to safeguard prompt assistance if you are in difficulty and, if you inform us that you
the holiday arrangements of other customers. don’t believe you have received the contracted service, we will make
prompt efforts to find appropriate solutions.
15. Scale of compensation
We will pay you compensation for significant changes made by us on Except as specifically set out in these conditions, we will not
the following scale: accept any further or different liability than the Package Travel,
Package Tours and Package Holidays Regulations impose. It is your
Period before departure Compensation responsibility to show that reasonable skill and care has not been
within which significant Per Person used if you wish to make a claim against us.
change is notified to you
or your travel agent For claims which involve death or personal injury we do not impose
any restriction upon our liability to the extent that it arises from our
More than 42 days Nil negligence.
42 – 29 days £10.00
28 – 15 days £15.00 For all other claims which do not involve personal injury or death:
14 – 8 days £20.00
7 – 0 days £25.00 • The most we will have to pay if we are liable to you is twice
the price you’ve paid for your package (not including insurance
If, prior to departure, we make a significant change to your package premiums and amendment charges).
arrangements or cancel your package we will pay you compensation
on the above scale unless: • Our liability will also be limited in accordance with/or in line
with all relevant international convention. These include the
• the package is cancelled because the number of persons who Athens Convention (applies to transport by ship), the Berne
agreed to take it is less than the minimum number required, and Convention (applies to transport by rail), the Geneva Convention
you were informed of the cancellation in writing within the period (applies to transport by road) and the Paris Convention (applies
indicated in the description of the package; or to accommodation). You can get copies of the relevant
• the package is changed or cancelled by reason of unusual and conventions from the Internet or from us. You should also note
unforeseeable circumstances beyond our control, the that these conventions limit or remove the amount of
consequences of which could not have been avoided even if all compensation that you can claim for death, injury, delay to
due care had been exercised. These circumstances, which we call passengers and loss, damage and delay to luggage. We will apply
force majeure, include, but are not limited to, war or threat of the limits of these Conventions to any payments to you as if we
war, riot, civil strife, terrorist activity, industrial disputes, fire, were the carrier.
quarantine, epidemic or health risks, natural or nuclear disasters,
port and terminal closures and adverse weather conditions. If we make any payment to you or any member of your party for death
or personal injury or illness, you will be asked to assign to us or our
Payment of compensation according to the scale set out above insurers the rights you may have to take action against the person
will not affect your statutory right to claim further compensation or organisation responsible for causing the death, personal injury or
if, in all the circumstances, you remain dissatisfied. illness.
If, after departure, we need to make a change to a significant Please note that this clause does not apply to any separate contracts
proportion of your package we will do our best to make suitable that you enter into for excursions or activities during or outside of
alternative arrangements at no extra cost to you. If it proves your package.
www.ulsterbustours.com Fair Trade Agreement 99