Terms & Conditions
Tempting Travel, Tempting Tenerife and Tempting Turkey are trading
names of Dragon Tours and Travel Ltd.
Our postal address and principal place of business is: 13 Howells Crescent,
Llandaff, Cardiff CF5 2AJ.
Tempting Travel sales office is at: 4 Whitesmith Road, Newport, IOW, PO30 5HY.
Financial Security
 |
Dragon Tours & Travel Ltd.
is a member of the Travel Trust Association.
The Travel Trust Association
is a trade association of travel agents and tour
operators. The TTA requires all its members to
operate a Trust Account in accordance with the
TTA’s prescribed procedures. The Trust Account
is a special bank account which holds your funds
until either we have completely provided
the services you have paid for or another
body becomes legally responsible for the protection
of the funds. An independent Trustee has been
appointed who authorises, in conjunction with
us, the release of funds from the Trust Account.
In the event of the
financial failure of Dragon Tours & Travel before
your flight or holiday supplier has taken legal responsibility
for protection of your funds, the funds remain available to pay for your holiday, make a refund or
reinstate your holiday with another operator, whichever is most appropriate.
Your booking is also covered
by a unique 'Travel Protection Plan' providing
fidelity insurance on all funds accepted into
Trust by a TTA member. If the Trustee, Dragon
Tours & Travel Ltd., our employees, the TTA
or any third party fail to deposit the money in
the Trust Account or remove it from the Trust
Account improperly the Travel Protection Plan
will reimburse the sum paid by the consumer in
full. |
|
Any air holidays shown on this website organised by Dragon Tours & Travel Ltd.
are ATOL Protected
by the Civil Aviation Authority. Our ATOL number is T7072.
ATOL Protection extends primarily to customers who book
and pay in the United Kingdom. Click on the ATOL logo to
learn more about ATOL protection.
Please note that 'air holidays' are defined as packages including flights to and from the UK
plus accommodation, transport, car hire or other services at your destination. In cases where Dragon Tours & Travel Ltd.
has acted as a travel agent, your flight or package holiday will be protected by the ATOL of the flight or holiday supplier. |
Dragon Tours & Travel Ltd. trading as Tempting Travel normally acts as an intermediary/agent for other companies supplying flights, package holidays and other travel-related services.
Where we act as an intermediary/agent, your flight, holiday or other service is governed by the terms and conditions of the supplier.
Where Dragon Tours & Travel Ltd. trading as Tempting Travel acts as a tour organiser, the following terms and conditions apply.
For this purpose, Tours means any combination of
international flights between the United Kingdom and
other countries, international or internal flights between or within other countries, hotel or other accommodation , guide services,
excursions, land transportation or other travel services whilst in other countries. If your booking includes a Flight or
Accommodation or Excursion provided by someone other
than Dragon Tours & Travel Ltd. or its appointed agents, whether
Dragon Tours & Travel Ltd. has acted as the agent or not, then your
contract is subject to the conditions set forth in the
applicable Tour Operator’s brochure or in the case of
an Airline, the airline's usual booking conditions.
These conditions do not affect your statutory rights.
Any arrangements which you make while you
are actually on holiday and which are not made through us
are ones for which we have no responsibility or liability.
1. Your booking When you make a
booking with us you undertake that you have the
authority to accept and do accept these booking conditions
on behalf of yourself and your party. A contract will
exist upon our accepting any monies from you towards the
booking or upon the issue of our Confirmation/Invoice,
whichever is the earlier. These conditions in conjunction
with the information set out in our published information
form the entire agreement between yourself and ourselves.
2. Making a booking When you make
a booking with Dragon Tours & Travel Ltd. and we accept it, the total
cost of the holiday becomes payable immediately, unless we
have agreed that you should pay a deposit initially. In
any case, the minimum amount payable upon booking is the
full price of the international flight tickets, if applicable. A
Confirmation/Invoice will then be sent to you. The full
balance of your holiday must be paid a minimum of 90 days
before departure.
3. Prices Prices are fixed at the time of booking and
generally will not be subject to surcharges. The only
exception to this will be an increase in our costs arising
as a result of any government action including but not
limited to new or increased taxes such as VAT. When a
surcharge is payable an administration charge of £2.50
per person together with an amount to cover travel agents
commission (if applicable) will be added. If this means
that you have to pay more than 20% of the original booking
price you will be entitled to a full refund of all monies
paid in respect of your booking except
an amendment charge. Should you decide to cancel because
of this then you must exercise your right to do so within
fourteen days from the date we advised you of the amount due. We reserve the right to change
our prices at any time before you book including any
special offers we may from time to time have which may not
be the same as set out in our publicity material.
4. Financial Protection We are licensed by the Civil Aviation
Authority and hold ATOL number T7072. This ensures that in the event of our failure your money will be
protected; if you are on holiday at the time, arrangements will be made for you to complete your
holiday and return home. The flights we provide are supplied by other ATOL holders and are protected
by their bonds.
5. Payment for your flight The payment you make for your flight is held
by us in our trust account on behalf of the ATOL holder who is supplying your flight until the date that
we pass the money to that ATOL holder. The ATOL holder supplying the flight will issue an ATOL
confirmation invoice to confirm its contract with you. We will forward this to you no later than the day
after it has been received.
6. Changes by you If you wish
to change your Tour booking with Dragon Tours &
Travel Ltd. in any way and we can accept the change,
we reserve the right to make a charge of £10.00 per
person per amendment provided that your instructions
in writing are received two months or more prior to
departure. Thereafter, except as provided by applicable
law, cancellation charges, as specified in Condition
7 below, apply.
7. If you cancel your booking
You or any member of your party may cancel all or part
of your Tour (exclusing air tickets) at any time provided the cancellation
is made in writing to us by the person who made the
original tour booking. You will receive a refund of
the amount paid (excluding air tickets and any amendment charge) less
the cancellation fees specified below. Sometimes it is necessary for us to incur
costs on your behalf to secure accommodation in advance of the 90-day deadline.
We reserve the right to withhold refund of these costs, even if you cancel before the 90 day deadline.
|
Period before Scheduled Departure Date that Notice of Cancellation is Received
|
Cancellation Charge as % of Net Tour
Price (excluding flight price)
|
|
91 days or more
|
Nil
|
|
61 - 90 days
|
50%
|
|
60 days or less
|
100%
|
Please note
that where your booking with Dragon Tours & Travel
Ltd. includes international flight tickets between the
United Kingdom and other countries, Dragon Tours &
Travel Ltd. acts as an agent for the airline or flight
consolidator in a 'split-contract' arrangement. The
airline or flight consolidators' cancellation or amendment
charges will apply. In general this means that flights
are not refundable once booked.
8. If we amend your booking It
is unlikely that we will have to amend your tour booking.
Occasionally changes may become necessary which we reserve
the right to make at any time. Most of these changes
are minor and we will advise you at the earliest possible
date. Flight timings and carriers set out in publicity
material are subject to change and all details given
to you are for guidance only. Confirmed dates will be
as shown on your ticket. Should a material change become
necessary we will inform you as soon as reasonably possible.
You may decide whether or not to accept the change although
you must let us know by return. A material change is
one made to your travel arrangements before departure
involving change of departure or arrival airport (other
than between airports within the same city airport system)
outward or return flights being re-scheduled by more
than 12 hours or by substitution of accommodation originally
booked with one of a lower grade. If we alter the airline,
aircraft type operating your flight or routing this
is not a material change and we be under no obligation
to notify you of any such change in advance. If you
do not wish to accept a material change we will give
you a full refund and in addition, whether or not you
accept a material change prior to departure we will
also give you compensation for the inconvenience as
follows:
|
Period before Scheduled Departure Date within which a
material change is notified
|
Compensation payable to you or
your travel agent, per person
|
|
30 days or more
|
Nil
|
|
15 days to 29 days
|
£10
|
|
14 days or less
|
£20
|
Which is the only recompense that will be paid to you.
As we do not control the day-to-day management of your
accommodation, it is possible that we may be advised that
the reserved accommodation may not be suitable or
available to you upon arrival at your destination. If this
happens, we will endeavour to provide accommodation of at
least the same standard in the same resort area. If only
accommodation of a lower standard is available then we
will refund the difference of the brochure price between
the accommodation booked and that available together with
compensation of £15.00 per person for any inconvenience.
IMPORTANT NOTICE: We are not responsible for changes which
arise as a result of events outside of our control, such
as technical or maintenance problems with means of
transportation, changes imposed by re-scheduling or
cancellation of flights by an airline or main charterer,
war or threat of war, civil strife, industrial disputes,
natural disasters, bad weather or terrorist activity.
9. If we cancel your booking We
reserve the right in any circumstance to cancel your
Tour booking. However, in no case will we cancel your
booking less than 90 days prior to departure unless
it is for reasons outside of our control or for late
or non-payment by you. If we have to cancel your booking
(other than for late or non-payment by you) we will
offer you a full refund of all monies paid in respect
of the Tour booking. 10. Our Liability
(i) Our obligations, and those of our
suppliers providing any service or facility involved in
any part of your Holiday or Tour, are to take
reasonable skill and care to arrange for the provision of
such services and facilities and, where we or our supplier
is actually providing the service or facility, to provide
them with reasonable skill and care. Compliance with any
applicable regulatory requirements (such as, for example,
those of the Civil Aviation Authority) will be proper
performance of our, and our suppliers’, obligations. You
must show that reasonable skill and care has not been used
if you wish to make any claim.
(ii) For claims which do not involve death or personal
injury, we accept liability, subject to paragraph (i)
above and (iv) below, should any part of your Holiday or
Tour not be as described in the brochure or elsewhere
by us before you leave the U.K. If we accept liability, we
will, subject to paragraphs (v) and (vi) below, pay you
reasonable compensation in accordance with English law.
However, the maximum we will pay you in any circumstances
is twice the price of the original Holiday or Tour
cost. This maximum will only be payable when every aspect
of your Holiday or Tour has gone wrong and you have
not received any benefit from your Holiday or Tour.
Any sums received by you from suppliers, such as from
airlines due to the Denied Boarding Regulations 1992 (in
this case sums paid by the airline constitute the full
amount of your entitlement to compensation for all matters
flowing from the airline’s actions), will be deducted
from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury
as a result of an activity forming part of your Holiday or
Tour, we accept liability subject to paragraph (i)
above and (iv) below. If we accept liability, we will,
subject to paragraphs (v), (vi) and (vii) below, pay you
reasonable compensation in accordance with English law.
(iv) We accept liability in accordance with paragraphs
(i), (ii) and (iii) above and subject to paragraphs (v),
(vi) and (vii) below except where the cause of the failure
in your Holiday or Tour or any death or personal
injury you may suffer is not due to any fault on our part
or that of our servants, agents or suppliers, and is
either attributable to you, or attributable to someone
unconnected with the Holiday or Tour and is
unforeseeable or unavoidable, or due to unusual or
unforeseeable circumstances beyond our control, the
consequences of which could not have been avoided even if
all due care had been exercised, or an event which neither
we, nor our servants, agents or suppliers could have
foreseen or forestalled.
(v) Where a claim (whether for personal injury or non
personal injury) arises out of loss or damage suffered
during the course of air travel, rail travel, sea travel,
road travel or hotel accommodation, the amount of
compensation you will receive will be limited in
accordance with and/or in an identical manner to the
provisions of any relevant International Conventions,
namely the Warsaw Convention 1929 (including as amended by
the Hague Protocol) the Berne Convention 1961, the Athens
Convention 1974, the Geneva Convention 1973 and the Paris
Convention 1962. You can get copies of the relevant
conventions if you ask us. For the avoidance of doubt,
this means that we are to be regarded as having all
benefit of any limitations of compensation contained in
any of these Conventions or any other international
conventions applicable to your Holiday or Tour.
(vi) You are obliged to assist us in recovering from
any third party any sum which may compensate us for any
sums we pay you. In particular, you are obliged to assign
to us any rights that you may have against any other
person whose acts or omissions have caused or contributed
to our legal liability to pay you compensation. You must
also provide us with all assistance we may reasonably
require. Finally, you must follow the procedures for the
notification of complaints set out in the clause below
entitled “Complaints”.
(vii) Should you become ill while on Holiday, you must,
in addition to reporting your illness to our
representative, consult a local doctor and also consult
your GP upon your return to the UK. Should you then wish
to make a claim against us as a result of that illness,
you must provide us with details of both the local doctor
whom you saw and your GP, together with written authority
for us to obtain a medical report from both those doctors.
(viii) If you or any member of your party suffers
illness, injury or death, through misadventure, as a
result of any activity which does not form part of your
contracted Holiday or Tour arrangements, we will
provide you with all reasonable assistance. This
assistance may include our making a contribution towards
your initial legal costs in taking action against the
person(s) responsible providing you request this within 90
days of the incident in question. All assistance
(financial or otherwise) is subject to our reasonable
discretion and a maximum total cost to ourselves of £1500
per booking form. If you are entitled to have any costs
and expenses arising from such an incident met by or from
any insurance policy or if you obtain a costs order
against anyone in relation to the incident, you must repay
to us the costs and expenses we spend in assisting you.
(ix) Other than as set out above, and as is detailed
elsewhere in these booking conditions, we shall have no
legal liability whatsoever to you for any loss, damage,
personal injury or death which you suffer arising directly
or indirectly from any aspect of your Holiday or Tour.
11. Documentation Where travel
and health documents are necessary to comply with the
requirements of the country you may wish to visit then
it is your responsibility to procure them. If failure
to obtain any such documents results in fines, surcharges
or any other financial penalty being imposed upon us
then you shall reimburse us accordingly. You must ascertain
by consulting your own doctor if necessary the specific
precautions deemed prudent for the country/resort you
intend to visit and ensure that the appropriate medication/inoculations
or other precautions are taken.
12. Conditions of Carriage/Accommodation
We are neither a carrier nor a provider of accommodation.
Each journey (whether undertaken or not) that you book
by land, sea or air is governed by the conditions of
the carrier undertaking to provide that carriage. Some
of these conditions limit or exclude liability and are
often the subject of international agreements. Copies
of the applicable agreements are available for inspection
at the offices of the carrier concerned. It is your
own responsibility to re-confirm the onward or return
sectors of any air journey with the carrier concerned
or such carrier’s duly authorised agents and according
to such carrier’s regulations. When you book accommodation
(whether provided or not) its availability or provision
is subject to the ‘house rules’ of the hotel or other
accommodation providing or undertaking to provide such
accommodation. 13. Termination We reserve the
right in our absolute discretion to terminate your tour
arrangements without notice should your behaviour be
such that it is likely in our opinion to cause distress,
damage, annoyance or danger to any other person. In
such circumstances, no refund or compensation will be
due to you. 14. Unused Services No refund
will be due to you in respect of non-utilisation of
any part of the Tour arrangements made for you. 15. Insurance
It is a condition of the agreement between us that you
take out adequate holiday insurance against cancellation
charges, unexpected curtailment of your holiday, medical
expenses arising overseas including repatriation, loss
or damage to luggage and personal liability claims against
you. Should you not effect suitable travel insurance
cover then you undertake on behalf of yourselves and
all members of your party to indemnify both ourselves
and our overseas agents and representatives (as applicable)
for any costs that arise which would otherwise have
been met had such insurance cover been taken out. 16. Complaints We do our very
best to ensure that your tour arrangements go according
to plan. However, if you have a complaint arising out
of what we have agreed to provide for you please let
us know at the earliest opportunity, if necessary by
telephoning our UK office from wherever you may be.
If a problem arises during your Holiday or Tour it is
important that you advise our representative at the
earliest opportunity who will endeavour to put things
right. If your complaint cannot be resolved locally
you should advise us within 28 days of the incident,
in writing, giving your original booking reference number
and all other relevant information. Your letter will
be given prompt attention. If you fail to follow this
simple procedure we cannot accept responsibility, as
we would have been deprived of the opportunity to investigate
the matter and where possible rectify any problem. 17. Applicable Law Any contract
between us and these booking conditions are governed
by and construed in accordance with English Law. Both
parties agree to submit to the exclusive jurisdiction
of the Courts of England and Wales.
|