Why should I read this page?

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 these booking conditions, which are governed by English Law, and the nonexclusive 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 Ken Clarkson Ltd.

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, email or visit our web site. 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 this confirmation very carefully to ensure all the information is correct and tell us, or your agent, immediately of any errors. Please note verbal or provisional bookings will only be held for 7 days before being released.

How is my holiday money protected?

We subscribe to the Code of Conduct of the Bonded Coach Holidays Group (“BCHG”) of the Confederation of Passenger Transport UK. BCHG requires a bond to be taken out to provide protection for your holiday money in the unlikely event that a Member cannot, for financial reasons, carry out their obligations to their passengers. BCHG Consumer Guarantee The Bonded Coach Holiday Group guarantees to bona fide customers that in the event of failure of a bona fide Member, it will: (1) wherever possible, arrange for a holiday or tour to be completed; (2) where failure occurs after a holiday has begun, arrange for customers to be returned by an appropriate means of transport to their UK area of departure; (3) if the holiday or tour cannot be completed as planned, the reimbursement of payments made by the customer to the BCHG Member, other than payments made by credit card.

When do I need to pay for my holiday and how much?

At the time of booking you will need to pay a deposit for each person named on the booking. The balance must be paid before the dates listed below. Where you use an agent they may require you to pay them earlier than this date and will advise you separately of their balance due date. If you book within our balance due period you will need to pay the total holiday cost at the time of your booking. If you do not pay the outstanding balance for your holiday on or before the date when it is due we may cancel your booking and you will be required to pay the cancellation charges detailed below. The date of cancellation will normally be the date you confirm in writing that you intend to cancel or 15 days after the balance due date, whichever comes first.

Deposit £15 per person on all Coach Holidays.
Deposit £75 per person on all Flight /Coach Holidays
Deposit - Other Companies
Collette Worldwide Holidays £100
Flightbound £75
Modern Hotels Jersey Flight Holidays £80
Leger Holidays £60-150.00

Your balance is due 4 weeks prior to departure on coach holidays. 60 days prior to departure on Collette Worldwide Holidays, Flightbound Holidays and on Modern Hotels Jersey Flight Holidays. On Leger Holidays balance due 42-60 days prior to departure. 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. When we act as an agent for other companies, their terms and trading conditions apply, ask for details. The air holidays and flights arranged by Ken Clarkson Limited in this brochure are ATOL protected by the Civil Aviation Authority. Our ATOL number is ATOL 6820.

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 the balance you pay on our behalf until the date the balance is due. The agent will then forward to us.

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. Exchange rates applied to the particular holiday booked. 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 predeparture. In addition to sterling we use the following currencies in calculating our holiday prices. Below are the equivalent exchange rates to £1 sterling from the HSBC dated 16th October 2006. Please note that some apparent changes may not affect the price of your holiday due to contractual protection which we have in place.

Country Exchange rates

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 changes must be notified to us in writing and signed by the person who signed the booking form or alternative booking method confirmed by the lead name. If we are able to make the changes an amendment fee of £25 per booking per occasion will be payable plus any additional charge for the facilities requested. 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.

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 seven days prior to departure. We will make an administration charge of £25 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.

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 signed the booking form or alternative booking method confirmed by the lead name and is 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 of rooms.

Scale of Cancellation Charges

Period before departure within which written cancellation of holiday price is received. Amount of cancellation charge as a %

Departure day or later, including voluntary termination whilst on holiday 100%.

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.

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 paying an administration fee. In either case we will pay you compensation according to the scale set out below. A significant change would involve a change in departure date or departure point, location of resort or quality of hotel, (excluding single overnight hotels on touring holidays). On all our holidays we reserve the right to use either a Channel ferry or the Channel tunnel for the short crossing between England and France.

If you withdraw from the holiday because we have made a significant change or if we have to cancel your holiday for any 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 assoon 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:

Compensation for short breaks below 4 days will be reduced to 75% of the above rates. Payment of compensation according to the scale set out above will not affect your right to claim further compensation if, in all the circumstances, you remain dissatisfied.

Compensation will not be paid where the change is made as a result of events beyond our control including war or threat of war, riot, civil strife, terrorist activity, industrial disputes, fire, quarantine, epidemic or health risks, natural or nuclear disasters, port and terminal closures and/or adverse weather conditions. Change in mode of Channel crossing from Channel Tunnel to Ferry crossing or vice versa from Dover to Calais as a result of events beyond our control.

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.

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. 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). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday.

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 or 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.

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 they are unable to resolve the problem to your satisfaction you should complete a Holiday Report Form which is available from the driver/representative. You will be given a copy of this report which you should keep.

If, on your return from holiday, you remain dissatisfied you should write within 28 days to the Tours Co-ordinator, Ken Clarkson Ltd, 52 Doncaster Road, South Elmsall, Pontefract, West Yorks WF9 2JN In your letter you will need to quote your booking reference number, holiday number, departure date and the details of the Holiday Report Form which you completed at the time. 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.

If I do not agree with your decision can I request arbitration?

Yes you can. If we cannot resolve your complaint amicably you may request that the dispute is referred to an independent arbitration scheme established by the Confederation of Passenger Transport UK and administered by Ron Wheel Associates. Full details of this scheme will be provided on request or you can request a copy from CPT. This arbitration scheme provides a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. This scheme does not apply to claims for an amount greater than £1500 per person. There is also a limit of £7500 per booking. Normally there is a time limit of 9 months from the date of return from your holiday within which to request arbitration but in exceptional circumstances the scheme can be used beyond this date. This scheme does not apply to claims that arise mainly in respect of physical injury or illness or the consequences of any illness or injury.

Coach seating Seat belts to be worn if fitted

There is a seating plan of the coach for each holiday, but it is possible that on occasions operational reasons will require a coach with a different configuration to be used. 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 that 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. Please see section on page 1 regarding front seats. Specific seats will 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 or on any other occasion where it is not reasonable to provide the customer with the seat reserved.

Health & Safety on holiday

In some foreign countries, standards of infrastructure, safety and hygiene may be lower than those to which we are accustomed in the UK. You should therefore exercise greater care for your own protection.

Further information can be obtained from your GP or from your travel agent who can provide you with the leaflet “Health Advice for Travellers” published by the Department of Health. On all holidays to EEC member states you are advised to obtain an E111 (available from the Post Office). 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. Continental Coach Holidays – On European holidays of 6 days or more we will endeavour to provide coaches with extra leg room in the unlikely event we are unable to provide a coach with this facility a coach as near to this specification as possible will be provided.

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 ‘Scale of Cancellation Charges’. 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.

No smoking policy

We operate a strict no smoking policy on all our coaches. We make frequent comfort stops. Please note, following instances of customers smoking while on board our vehicles, we must remind you that our coaches are ‘None Smoking’ areas. Anyone found smoking will have deemed to have broken their contract with Ken Clarkson Ltd and will be asked to leave the vehicle and their holiday or journey with us will be terminated there and then. The no smoking policy of other carriers and suppliers will vary and will be supplied on request if you contact Tours Co-ordinator, Ken Clarkson Ltd, 52 Doncaster Road, South Elmsall, Pontefract, West Yorks WF9 2JN

Pets

We do not allow pets to taken on our holidays. Registered Assistance Dogs will normally be accommodated on UK holidays but not on overseas holidays.

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 an incorrect passport or late arrival at the departure point. Any changes to pick up points (including door to door) within 14 days of departure will be entirely at our discretion and incur an administration charge of £20 per change. Door to door customers must be outside of the pick up address at given pick up time.

If you are a British citizen travelling outside the United Kingdom you must have a full UK passport valid for a minimum of three months (or longer if required by the country being visited) after your scheduled date of return. Non-UK citizens must seek passport and visa advice from the consulates of the countries you plan to visit prior to making a booking for one of our holidays. The name on the passport must match the name on the ticket.

If someone in your party changes name after the booking is made you must tell us immediately so that we can issue the ticket in the new name. Passports are required for all flight holidays. Approximately 1 week prior to departure we will send you or your booking agent all the necessary labels so that you 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. Ken Clarkson Ltd reserve 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.

We reserve the right to amend any part of the excursion destination or programme to suit local conditions or when required to do so due to drivers hours legislation. 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, grounds, tourist attractions, lake cruises, train rides etc. are not included in the price of the holiday unless otherwise stated on the relevant brochure page.

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.

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 in the United Kingdom but it is compulsory for our tours operating outside the United Kingdom.

You do not need to take out our travel insurance but you should have insurance, which is at least as good or better than the insurance we offer. 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.

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 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.

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 names, 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. Additionally, where your holiday is outside the European Economic Area (EEA) controls on data protection in your destination may not be as strong as the legal requirements in this country.

We will not however pass on 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.

Your data controller is the company secretary. 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 n t wish to receive the further information about products and services please write to the data controller.