Terms and Conditions
Your financial protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, and from where you access information on what this means for you and who to contact if anything goes wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
In some cases, where neither we nor the supplier are able to do so, for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you).
You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
1. Conclusion of the holiday contract
a) A booking is the customer’s binding offer to enter into a holiday contract with the tour operator ENCHANTED HOLIDAYS LIMITED. The bases of this offer are the holiday descriptions and supporting information from ENCHANTED HOLIDAYS LIMITED for the respective holiday, as far as these are available.
b) Holiday intermediaries (i.e.travel agents) and service suppliers (i.e. hotels, transport companies) are unauthorised to make agreements, to offer information, or to make warranties that alter the agreed upon content of the holiday contract, deviate from the contractually stipulated services of ENCHANTED HOLIDAYS LIMITED, or contradict the holiday description. Resort and hotel prospectuses that are not edited by ENCHANTED HOLIDAYS LIMITED are not binding for ENCHANTED HOLIDAYS LIMITED and its service obligations, as far as they are not made a matter of the holiday description or content of the service obligations by ENCHANTED HOLIDAYS LIMITED through express agreement with the customer.
c) The booking can be made in writing, in person, by telephone, by fax, or by e-mail. The contractual partner is responsible for his/her own contractual obligations, as well as those for whom he/she is booking, provided he/she is separately and explicitly authorised to do so. In the case of electronic bookings, ENCHANTED HOLIDAYS LIMITED, electronically confirms the receipt of the booking. This receipt does not represent the acceptance of the holiday booking contract.
d) The contract comes into existence upon ENCHANTED HOLIDAYS LIMITED acceptance. The acceptance of the contract does not require a specific form. Upon or directly after acceptance of the contract, ENCHANTED HOLIDAYS LIMITED will provide the customer with a written booking confirmation . ENCHANTED HOLIDAYS LIMITED is not obligated to issue a written booking confirmation when the booking occurs less than 7 working days before the holiday start date.
e) If the content of the booking confirmation deviates from the content of the booking, ENCHANTED HOLIDAYS LIMITED has made a new offer, to which ENCHANTED HOLIDAYS LIMITED is committed for a period of 10 days. The contract comes into existence on the basis of this new offer if the customer expresses his/her acceptance within the stipulated period, either by express consent, payment of deposit, payment of balance or participation in the holiday.
f) If the tour operator’s terms and conditions are not available to the customer at the time of booking, they will be sent with the booking confirmation and will become part of the contract according to the procedure in clause 1e).
2. Payment, travel documents
a) Immediately after the conclusion of the contract, a deposit payment of 25% of the holiday price is due. The balance payment is due 8 full weeks before commencement of the holiday. Should the booking occur within 8 weeks before commencement of the holiday, the full holiday price is due immediately.
b) Should the customer fail to make the deposit and/or the balance payment within the contractually stipulated period, ENCHANTED HOLIDAYS LIMITED is authorised, after issuance of a warning letter appointing another due date, to withdraw from the holiday contract and charge the customer cancellation costs according to clause 4.
c) Travel documents will be sent only after ENCHANTED HOLIDAYS LIMITED has received full payment.
3. Amendments in service
a) Amendments or deviations of individual holiday services from the agreed upon content of the holiday contract, which have been necessary after conclusion of the contract, and which have not been effected by ENCHANTED HOLIDAYS LIMITED in breach of good faith, are only permitted as far as the amendments or deviations are insignificant and do not detract from the overall quality of the booked holiday. Possible claims to warranty remain unaffected if the amended services are faulty.
b) ENCHANTED HOLIDAYS LIMITED is obligated to inform the customer immediately after amendments or deviations in service. If necessary, ENCHANTED HOLIDAYS LIMITED will offer the customer the option to alter his/her booking or to withdraw from the contract, both free of charge. In case of considerable change of a basic service, the customer is entitled to withdraw from the holiday contract, free of charge, or to request participation in a holiday of at least the same value, if ENCHANTED HOLIDAYS LIMITED is in a position to offer such a holiday from its programme at no extra cost to the customer. The customer must assert these rights immediately after ENCHANTED HOLIDAYS LIMITED’s declaration regarding the amendment of the holiday service.
4. Withdrawal by the customer before commencement of holiday
The customer can withdraw from the holiday at any time before the beginning of the holiday. Authoritative is the receipt of the withdrawal declaration by ENCHANTED HOLIDAYS LIMITED (see address below) or by the travel agent with whom the holiday was booked. We recommend that customers declare their withdrawal in writing. Travel documents already delivered to the customer are to be returned to ENCHANTED HOLIDAYS LIMITED without delay. Should the customer withdraw from the holiday contract in full or in part, or in the case of a no show, ENCHANTED HOLIDAYS LIMITED loses the right to the holiday price. In lieu, thereof, ENCHANTED HOLIDAY LIMITED reserves the right to demand compensation for made holiday arrangements and expenditures, as far as the withdrawal is not the responsibility of ENCHANTED HOLIDAYS LIMITED or the result of force majeure. To be considered in the calculation of the compensation are general set aside expenditures and customary possible use of third party service providers.
a) ENCHANTED HOLIDAYS LIMITED reserves the right to calculate the compensation claim as a percentage of the full holiday price, taking into account the period of time between the date of withdrawal, and the contractually stipulated start date of the holiday, based on the rates found in the following outline: In the case of withdrawal up to 30 days before start date 20%, up to 15 days before start date 40%, up to 8 days before start date 70% and from 7 days before start date and in the case of no-shows 90% of the holiday price will be charged. For the complete cancellation (not the cancellation of single participants) of accommodations for 10 persons or more, the following rates are applicable: up to 16 weeks before start date 20%, up to 12 weeks before start date 30%, up to 8 weeks before start date 40%, up to 4 weeks before start date 60%, up to 15 days before start date 70%, up to 8 days before start date 80%, and from 7 days before start date and in the case of no-shows 100% of the holiday price. If the withdrawal notice reaches us outside of our business hours (Mo – Fr 0900 – 1700h, Sat 0900 – 1300h UK time) the next working day is regarded as the date of withdrawal.
b) ENCHANTED HOLIDAYS LIMITED reserves the right to demand the actual accrued loss from the customer, which corresponds to the holiday price less set aside expenditures and possible use of third party service providers.
c) Should one or more persons from a group withdraw from a holiday, in that the accommodation (e.g. double room, apartment) continues to be occupied by the remaining persons, the withdrawal costs will generally be calculated according to clause 4b (independent of the withdrawal date).
d) The customer is at liberty to prove to ENCHANTED HOLIDAYS LIMITED that the loss arisen is none or considerably lower than the sum demanded.
5. Amendments in bookings
a) After conclusion of the contract, the customer has no claim to amendments regarding the holiday dates, the holiday destination, the location of the journey’s start point, the accommodation or the type of transportation (amendment in booking). Should, at the request of the customer, an amendment be conducted, ENCHANTED HOLIDAYS LIMITED reserves the right, up to 28 days before the holiday start date, to demand an amendment fee of £25.00 per person. Customer requests regarding the amendment of a booking made within 27 days of the holiday start date, provided that the realisation is even possible, will only be carried out after withdrawal from the holiday contract according to clause 4 with simultaneous new booking. This does not apply to amendment requests that require only minor effort. Should the amendment to the booking involve a partial cancellation (for example amendment from coach journey to self drive) we reserve the right to proceed according to clause 4.
b) Up to the beginning of the holiday, the customer can request that a third party enters in his place into the rights and responsibilities arising from the holiday contract. In this case, an amendment fee of £25.00 will be levied. ENCHANTED HOLIDAYS LIMITED can oppose the entry of the third party if he/she does not meet the particular holiday requirements or his/her participation is opposed to by legal regulations or official directives. If a third party enters into the contract, he/she and the original participant/s are liable towards ENCHANTED HOLIDAYS LIMITED as co-debtors for the holiday price and the additional costs arising from the entry of the third party.
c) In the event of unavoidable or unforeseeable circumstances, Enchanted Holidays reserves the right to make significant changes to the holiday pre-departure, or to cancel, without having to compensate the customer, beyond money recovered from service providers.
Such events include but are not exclusive to:
· Natural disasters
· FCO advice not to travel
· Events likely to pose a threat to health and safety
· Acts of God
Enchanted Holidays is also released from any liability for a failure to provide the holiday contracted for, although will still give prompt assistance to any customers in difficulty in resort.
When booking holidays, it is recommended that our customers have appropriate holiday insurance with cover for all such events.
6. Services that have not been used
Should the customer, due to his/her own reasons, not use particular holiday services duly offered (for example because of an early return journey or other compelling reasons) he/she has no claim for a proportionate refund of the holiday price. ENCHANTED HOLIDAYS LIMITED will try to obtain a refund from the service provider for the saved expenses. This obligation does not apply when it concerns fully unsubstantial services or if the refund is opposed to legal or official directives.
7. Termination due to behavioural reasons
ENCHANTED HOLIDAYS LIMTED reserves the right to withdraw from the holiday contract without adherence to a time limit if the customer, irrespective of a warning from ENCHANTED HOLIDAYS LIMITED, effectively disturbs the realisation of the holiday or if he/she behaves in a way contrary to the contract that justifies the immediate nullification of the holiday contract. Should ENCHANTED HOLIDAYS LIMITED cancel, ENCHANTED HOLIDAYS LIMITED retains the right to the holiday price, however, ENCHANTED HOLIDAYS LIMITED must deduct the value of the saved expenses and the advantages that ENCHANTED HOLIDAYS LIMITED recovers from the unused services utilised elsewhere, inclusive of the amounts recovered from service providers.
8. Obligations of the customer
a) Notice of complaint. Should the holiday not be made according to contract, the customer has the right to request redress. The customer is, however, obligated to notify ENCHANTEDHOLIDAYS LIMITED without delay of an arisen holiday defect. This does not apply when the complaint is recognisably unreasonable or is unacceptable due to other reasons. The customer is obligated to notify ENCHANTED HOLIDAYS LIMITED or its agent at the holiday destination of his notice of complaint without delay. Should an agent not be available at the holiday destination, ENCHANTED HOLIDAYS LIMITED should be notified at its registered office of possible holiday defects. The customer will be informed in the service description, or at latest in the holiday documents, of the availability of an agent or ENCHANTED HOLIDAYS LIMITED. The agent is authorised to arrange a remedy, in as far as this is possible. He/she is not, however, authorised to honour customers’ claims.
b) Appointment of period before cancellation. Should a customer desire to cancel a holiday contract because of a holiday defect, or from important reason recognised by ENCHANTED HOLIDAYS LIMITED because of unacceptability, he/she must set a reasonable time limit for the payment of redress by ENCHANTED HOLIDAYS LIMITED. This does not apply only when redress is not possible or denied by ENCHANTED HOLIDAYS LIMITED, or when the immediate cancellation is justified by a special interest of the customer that is evident to ENCHANTED HOLIDAYS LIMITED.
c) Loss and delay of baggage. For losses and delays in delivery arising from air travel, ENCHANTED HOLIDAYS LIMITED urgently recommends that the responsible carrier is notified immediately, and on the spot by notice of loss. Airlines generally decline refunds when the notice of loss is not completed. The notice of loss is to be reported within 7 days in the case of lost luggage and within 21 days after delivery in the case of delay. Incidentally, the loss, damage, or mishandling of luggage is to be reported to the agent or local representation of ENCHANTED HOLIDAYS LIMITED.
d) Holiday documents. The customer is obligated to inform ENCHANTED HOLIDAYS LIMITED if he/she has not received the holiday documents(for example flight tickets, hotel voucher) within the period of time communicated by ENCHANTED HOLIDAYS LIMITED.
e) Obligations toward the minimisation of losses. The customer is obligated to prevent the occurrence of a lost as best possible and to keep incurred losses to a minimum. In particular the customer must advise ENCHANTED HOLIDAYS LIMITED on the risk of a loss.
f) The customer is obliged to ensure adequate travel/insurance cover is in force for the duration of the holiday and events of force majeure are covered from the date of purchasing the policy. For the purpose of force majeure, article 5(c) of these terms are applicable.
9. Limitation of liability
a) ENCHANTED HOLIDAYS LIMITED’s contractual liability for claims that are not personal injury is limited to 3 times the holiday price, in so far as a customer’s loss is neither intentional nor the result of gross negligence, or so far as ENCHANTED HOLIDAYS LIMITED is responsible for a loss to the customer only by fault of a service provider.
b) ENCHANTED HOLIDAYS LIMITED’s tortious liability for property damage without prejudice to premeditation or gross negligence is limited to 3 times the holiday price. The maximum amount of liability is valid per customer and holiday. Potential additional claims associated with holiday luggage according to the Montreal Convention remain unaffected by the limit. In this regard, the customer is highly recommended to conclude a holiday accident and luggage insurance policy.
c) ENCHANTED HOLIDAYS LIMITED is not liable for interruptions in services, personal injury, and property damage in connection with services that are solely arranged as external services(for example operation of the ski lifts, ski bus etc.) and are expressly labelled as external services in the holiday description.
10. Exclusion from claims and statute of limitations
a) The customer must assert claims concerning holiday provisions not according to contract, within one month of the scheduled holiday’s end. During this period, the claim can only be carried out by way of ENCHANTED HOLIDAYS LIMITED (see address below). After the expiration of this period, the customer can only assert claims if he/she was, independent of negligence, prevented from complying with the deadline. This does not apply towards the term for the registration of damage to luggage, delay of delivery, or loss of luggage in connection with flights according to clause 8c. These are to be registered within 7 days of loss of luggage and 21 days after delivery of delayed luggage.
b) Customers’ claims become time-barred in a year. The limitation of time begins on the day that the holiday is contractually stipulated to end. Should negotiations be pending between the customer and ENCHANTED HOLIDAYS LIMITED, regarding the claim or the conditions founding the claim, the limitation of time is inhibited until the customer or ENCHANTED HOLIDAYS LIMITED refuses the continuation of negotiations. The limitation if time commences at least 3 months after the end of the inhibition.
11. Identity of the operating airline company
ENCHANTED HOLIDAYS LIMITED is obligated to inform the customer about the identity of the operating airline company and it’s respective ‘Conditions of Carriage’ within the scope of the booked holiday at the time of booking. If the operating airline company is not determined at the time of booking, ENCHANTED HOLIDAYS LIMITED is obligated to advise the customer of the airline company or companies which may conduct the flight. As soon as ENCHANTED HOLIDAYS LIMITED knows which airline company will conduct the flight, the customer will be informed. Should there be a change to the airline company named to the customer, ENCHANTED HOLIDAYS LIMITED will ensure that the customer is informed of the change as quickly as possible.
12. Passport, visa and health regulation
a) It is the responsibility of the holiday participant to enquire about respective visa requirements at the Embassy or Consulate of the destination country.
b) ENCHANTED HOLIDAYS LIMITED is not liable for the timely issue or acquisition of necessary visas by the respective diplomatic agencies, if the customer has commissioned ENCHANTED HOLIDAYS LIMITED with the procurement, unless ENCHANTED HOLIDAYS LIMITED is responsible for the delay.
c) The customer is responsible for the procurement and entrainment of necessary travel documents, possible required vaccinations, as well as the compliance with customs and exchange control regulations. All disadvantages, especially the payment of withdrawal charges, which arise from the non-compliance with these regulations, are the liability of the customer, unless they are due to negligent, incorrect or insufficient information from ENCHANTED HOLIDAYS LIMITED.
13. Choice of law or jurisdiction
The contractual relationship between the customer and ENCHANTED HOLIDAYS LIMITED is subject to UK law. This also applies to the entire legal relationship. As far as customers’ legal proceedings against ENCHANTED HOLIDAYS LIMITED for the liability of ENCHANTED HOLIDAYS LIMITED taking place abroad on the merits of non UK law, solely UK law will apply with respect to the legal consequences, especially with respect to the type, extent, and amount of claims of the customer.
14. Place of jurisdiction
a) The customer can only institute legal proceedings against ENCHANTED HOLIDAYS LIMITED at its registered office. The place of jurisdiction for ENCHANTED HOLIAYS LIMITED is London, England. For legal proceedings initiated by ENCHANTED HOLIDAYS LIMTED against the customer, the customer’s place of residence is authoritative. For legal proceedings against customers or contractual partners of the holiday contract, who are business people, legal entities of public or private law, or persons whose places of residence or usual residence is unknown at the time of legal proceedings, the place of jurisdiction will be deemed as the registered office of ENCHANTED HOLIDAYS LIMITED.
b) The preceding terms are not valid if, and as far as the contractually, stipulated terms (not subject to contrary agreement) of international convention, which apply to the holiday contract between the customer and ENCHANTED HOLIDAYS LIMITED, lead to something else in favour of the customer, or if, and as far a the terms(not subject to contrary agreement), which are applicable to the holiday contract in the EU country to which the customer belongs are more favourable for the customer than the subsequent terms or the corresponding UK rules and regulations.
The invalidation of individual terms of the holiday contract does not result in the invalidation of the entire holiday contract.
Enchanted Holidays Limited
Enchanted House, 250 Hounslow Road, Hanworth, Middlesex TW13 5JP, United Kingdom.
Registered No: 06192343 incorporated under the Companies Act 1985.