These Booking Conditions and the information detailed in our ‘Before You Travel – Important Information’ section below will form the basis of your agreement with UNIQUE CARIBBEAN HOLIDAYS LIMITED, a company incorporated and registered in England and Wales with company number 04122639, whose registered office is at 32 Ives Street, London SW3 2ND (“UCHL”), an affiliate of the Worldwide Representative Unique Travel Corp. for Sandals, Beaches and Grand Pineapple Resorts. Please read both carefully as they set out your and our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them. 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 in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Unique Caribbean Holidays Limited.
We are a member of the Association of British Travel Agents (ABTA), membership number Y6413 (our “ABTA Membership”). ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct (see further below).
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see section 14 headed “Arbitration” below), contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com.
We hold an Air Travel Organiser's Licence (ATOL) issued by the Civil Aviation Authority (CAA), ATOL number 11174 (our “ATOL Licence”). 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, where you can get information on what this means for you and who to contact if things go 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 (being another travel provider) may provide you with 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.
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 Fund (the primary source of funding when an ATOL holder fails, administered on behalf of the Air Travel Trust (ATT) by the Consumer and Markets Group (CMG) of the CAA) 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 the ATT 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.
*The flights and flight- inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
If you book a flight with us and on the same day, the day before or day after, you also book your accommodation and/or car hire with us, an arrangement known as a “Flight-Plus” will be created of which we will be the “arranger”. Your Flight-Plus includes, as applicable, the flight(s), accommodation, car hire and any other tourist services (providing these form a significant part of the arrangements) which are booked through us within this period of time. Your Flight-Plus will be financially protected by our ATOL Licence and by the ATOL scheme as set out above.
When a booking is made, the ‘lead name’ on the holiday booking guarantees that he or she has the authority and does accept on behalf of all persons named on the booking and by their parent or guardian for all party members who are under 18, the terms of these booking conditions.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice to the lead name by email, using the details the lead name provided (see the section numbered 5 headed ‘Electronic confirmation invoices & electronic travel documents’ below for more detail). Subject to what follows, at the point our confirmation is issued, a binding contract comes into existence between us – see further below. The lead name should check this confirmation invoice carefully as soon as it is received and contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending that document out (five days for tickets, such as airline tickets). We will do our best to rectify any mistake notified to us outside these time limits but you (the lead name) must meet any costs involved in doing so.
As explained above, a binding contract between us comes into existence when we dispatch our confirmation invoice to the lead name on the booking. We both agree that English Law (and no other) will apply to our contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see section 14 (Arbitration) below) or 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 order to confirm a booking a deposit of £150 per person or such other amount as notified to you (or full payment if booking within 71 days of departure) is required at the time of booking. The required deposit may vary depending upon the type of service being booked and will be advised at the time of booking. The cancellation charges which apply may also vary depending on the arrangements you have booked (see section 9 headed ‘Cancellations/Changes’ below).
Some airlines or fare types require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket which is non-refundable. Some hoteliers require full payment of accommodation costs and it may not be possible to amend or cancel these arrangements after they have been confirmed. In some cases it may not be possible to offer refunds for air tickets or accommodation costs which could incur a cancellation charge of up to 100% of that part of the arrangements. For reservations made within 71 days prior to day of departure, full payment is due at the time of booking.
Final payment of the balance of the holiday cost must be received by us 71 days prior to day of departure. In default of payment by the due date we reserve the right to treat your holiday as cancelled. In this case we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in ‘Cancellations/Refunds/Changes’ below depending on the date we reasonably treat your booking as cancelled.
The total package price will be determined only after all specific items are selected and will be communicated to you prior to confirmation of the reservation. The items you have selected will be detailed on your confirmation invoice. UCHL reserves the right to re-invoice your reservation should any error or omission be made in computing the total cost of all components/travel arrangements required.
As explained above, confirmation invoices, together with all relevant travel documents will be sent to you electronically using the email address provided by the lead name at the time of booking. We will assume that the email address given is correct, please notify us immediately if there are any changes.
Confirmations are issued when all components of your booking are confirmed. You will also receive detailed travel documents approximately 21 days before your date of travel. Electronic confirmation invoices and travel documents may be sent from a different email address to any you have used in correspondence with us, therefore you (the lead name) must check your email account (including your spam filters). If you do not receive your confirmation invoice or travel documents within ten (10) days of travelling, please call our Customer Support Team on 08000 22 30 30 immediately.
We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies.
It is your responsibility to make sure everyone travelling has valid travel documents (e.g. passport/visa) and has followed health advice. For up to date UK Government travel, security and health advice on a country by country basis please visit www.fco.gov.uk, www.hpa.org.uk and www.nathnac.org. Please see our ‘Before You Travel - Important Information’ section below for more details.
Infants under the age of 2 years on the date of outbound travel pay a reduced cost (across all cabins) as long as they sit on an adult’s lap. Please note infants DO NOT have a separate baggage allowance. We are unable to process requests for infant carry cots and infant seats which attach to the carry cot position. These infant facilities are never guaranteed and must always be arranged by you direct with the airline concerned. Any charge for the cot in the hotel room and for infant food has to be paid by the guest directly to the hotel. Cots and appropriate food cannot be guaranteed by us.
You must request any changes you require in writing as soon as possible. We cannot guarantee that such requests will be met. Where we can meet requests, an amendment fee of £50 per person, will be payable along with any additional costs imposed by any of our suppliers requested within 70 days of departure, may be treated as a cancellation and rebooking and the cancellation charges below apply.
Should you wish to cancel your holiday once it has been confirmed, the lead name must advise us in writing immediately. Your notice of cancellation will take effect when it is received by us and any reimbursement due to you in connection with such cancellation will be made within 5 days. As we incur costs from the time we confirm your booking the following cancellation charges will be payable. The percentage cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which written notification of cancellation is received by us
Cancellation charge per person cancelling
|71 days and over||Deposit Only|
|14–0 days / No Show||100%|
Some airlines, fare types, hoteliers, or other suppliers require full payment at the time of booking and it may not be possible to amend or cancel these arrangements after they have been confirmed. In such cases we reserve the right to pass these costs onto you in full such that the cancellation charges that apply to your booking may be different to those stated above. You will be informed of any such different cancellation charges which may apply at the time of booking.
It is not possible to make refunds after departure from the UK for any services not used or partially unused. In certain cases the price of your holiday is calculated by reference to the number of occupants of a room. If one of these occupants cancels, not only will there be a cancellation charge, but also the remaining members of your party may have to pay an additional sum. Any name changes will be regarded as a cancellation and rebooking and applicable cancellation and booking charges will apply.
UCHL reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We also reserve the right to cancel confirmed bookings. However, we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control (i.e. by reason of “force majeure” – see the section numbered 11 below).
Most changes we may need to make are minor but occasionally, we may have to make a “significant change”. Examples of “significant changes” include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower official classification for the whole or a major part of your holiday, a change of UK departure point to one which is less convenient for you, a change of outward departure time or overall length of your holiday of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:
a. accepting alternative arrangements from us of equivalent or superior standard to those originally booked, or less expensive package, in each case as and where available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference), or
b. accepting the cancellation or rejecting any available alternative arrangements (in each case effectively withdrawing from the contract between us) in which case you will receive a full refund of all monies you have paid to us.
It is a condition of this section that you inform us of your decision in respect of the above options as soon as possible.
If we have to make a significant change or cancel 10 weeks or less before departure, subject to the exceptions below, we will pay you the following compensation:
Period before departure during which a significant change or cancellation is notified by us to you
Compensation per person (excluding infants)
|71 days or over||nil|
You acknowledge that you are not automatically entitled to compensation and such compensation will therefore be paid at our discretion to reflect your actual loss resulting from the change or cancellation (as applicable) that we have made. Please note that the figures quoted above are by way of guidance only and may, in appropriate circumstances, be increased.
We will not pay you compensation in the event that we are forced to make a significant change or cancel your arrangements as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (see the section numbered 11 and headed ‘Force Majeure’ below). These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by the airline or main charterer. We regret that, save as set out above, we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
No compensation will be payable 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 where a change is a minor one. For the avoidance of doubt, we will endeavor to inform you of any minor changes to your booking but are not obliged to do so.
Very rarely, we may be forced by reason of “force majeure” (see the section numbered 11 and headed ‘Force majeure’ below) to change or terminate your arrangements after your departure. If this situation does occur, subject always to our statutory duty to make suitable alternative arrangements, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our or our suppliers’ obligations under this contract which are caused by events beyond our reasonable control (an event of force majeure).
In these Booking Conditions, “force majeure” includes any act, event, non-happening, omission or accident which we or the supplier of the service(s) in question could not, even with all due care, reasonably foresee or avoid. Such events may include:
Our performance under this contract is deemed to be suspended for the period that the force majeure event continues. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under this contract may be performance despite the force majeure event. In particular, we reserve the right to alter or cancel your booking (including any package) as we see fit in accordance with these Booking Conditions.
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 obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in the section numbered 15 entitled ‘Liability’ below) as a result of a force majeure event.
Excursions or other tours that you may choose to book or pay for when booking your holiday or whilst you are on holiday are not part of your package holiday provided by us. For any excursions or other tours that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator. Excursions include any sightseeing trips, experiences, events, tours or similar that you choose to go on in resort which you pay extra for. We act simply as booking agent only when selling excursions, for the relevant supplier, who will be named on your ticketing information. The law that applies to such excursion sales will typically be the law in which the excursion takes place. If you have any complaint about any excursion you should complain to the excursion provider and any claims should be brought against them.
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, it is a condition of this contract that you take up the matter locally with our supplier at the place where the services are provided (for example, the resort manager) and contact and inform us using our 24 hour Helpdesk on 08000-223030. Please note we will not reimburse any mobile phone charges to our helpdesk service office.
Most problems or complaints can be resolved while you are away and we shall make prompt efforts to find appropriate solutions to any complaints you make to us concerning a defect in performance. However, until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly providing you inform us and the relevant supplier.
If you remain dissatisfied following our efforts to resolve your complaint, you must write to us at your earliest opportunity and in any event within 28 days of your return to the UK, giving full details of your complaint. You can submit correspondence via Royal Mail or email us at firstname.lastname@example.org. You must also, at your earliest opportunity and in any event within 28 days of your return home, inform the relevant supplier of the package service concerned.
We regret we cannot accept liability for any complaints or claims if you fail to notify the complaint or claim in accordance with this section 13.
Nothing in these Booking Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence.
Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element.
Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code of Conduct (referred to above) does not require such agreement.
For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent (for example, on excursion sales), please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
If you book a package holiday with us we will accept responsibility for the package holiday in accordance with section 15(b) below as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
A “package holiday” is a pre-arranged combination of at least two out of the following:
(b) accommodation; or
(c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements, where the arrangements making up this combination are booked through us at the same time at an inclusive price and which last at least 24 hours or include overnight accommodation.
15(a) If your arrangements do not constitute a package then section 15(b) below will not apply and UCHL’s obligations to you will consist of using reasonable skill and care in making your booking and arranging your chosen services, as well as using reasonable skill and care in choosing the suppliers concerned and shall be limited in accordance with clause 15(e) below.
In the unlikely event of our financial collapse/insolvency, any money that you have paid to us in connection with a non-package booking is not protected by any financial scheme. Such financial protection is only available where you book a package. If such financial protection is important to you, we recommend that you consider taking advantage of our package options, or obtain appropriate travel insurance to guard against such loss.
15(b) If your arrangements constitute a package holiday we promise to make sure that the package holiday 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, your contracted holiday 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 holiday 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).
Nothing in these Booking Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence.
15(c) Subject always to the foregoing, we will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of your party; or
(ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday; or
(iii) matters which were unforeseeable, unavoidable or which could not have been forestalled, including circumstances of 'force majeure' as defined at section 11 above.
Where any failure in the performance of the package booking is attributable to a third party unconnected with your package, or due to unforeseeable circumstances, or due to any event that could not have been foreseen or forestalled, we will provide you with prompt and reasonable assistance. Such circumstances may include you or any member of your party suffering illness, injury or death through misadventure or as a result of any activity which does not form part of the contracted package arrangements, such assistance will be limited to £100 per booking.
15(d) Please note, we cannot accept responsibility for any services which do not form part of our contract (whether a package or non-package booking). This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see section 12 (Excursions) above. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and such other standard as may be required by law and we do not have any greater or different liability to you.
15(e) The assurances we give about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations and norms 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, norms 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 holiday in question.
15(f) As set out in these Booking Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us, as follows:
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £100 per person affected unless a lower limitation applies to your claim under this section 15(f) or section 15(g) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury (our liability in respect of which shall be unlimited), if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under section 15(g) below. This maximum amount will only be payable where you have not received any benefit at all from your holiday.
15(g) 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 EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. 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 you 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 for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, and the Athens Convention for international travel by sea (as amended by the 2002 protocol where applicable). 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.
15(h) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description: (1) 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 (2) 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 business losses including self-employed loss of earnings.
All prices quoted are calculated on rates of exchange as known at the time of booking. Prices can go up or down at any time and we reserve the right to alter the prices of any of the travel arrangements shown. You will be advised of the up to date price of your chosen holiday, including the cost of any supplements, fuel surcharges, upgrades or additional facilities (excluding any excursions, as referred to at the section numbered 12 headed “Excursions” above) that you wish to book before your contract is confirmed. Due to the volatility of the supplier’s prices, quotes given can only be regarded as an indication and UCHL can only confirm the price once a booking has been made, as per the confirmation invoice.
In respect of package holidays, changes in fees (including transportation costs, fuel costs, taxes, fees such as landing taxes or embarkation/disembarkation fees at airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays, we will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above 2%. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding amendments charges), you will have the following options:
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should you decide to cancel your package for this reason, you must exercise your right to do so within 14 days from the issue date printed on your revised invoice.
For arrangements which are not packages, we reserve the right to pass on any cost increases to you in full.
When booking a Group (5 rooms or more) with Sandals & Beaches Resorts you will receive a separate Groups Contract which will supersede our standard terms & conditions.
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in accordance with section 9 ‘Changes/cancellation by you’ above.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds any part of this contract to be illegal, the rest will continue in force. Each of the paragraphs and sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
18.7 Any notice that you need to send us under these Booking Conditions (for example, any notice of cancellation) must be sent to UCHL’s registered address, as set out below:
Unique Caribbean Holidays Limited
Registered company number: 04122639
32 Ives Street
ABTA membership number: Y6413
ATOL licence number: 11174
The following local country information and contact details are accurate as at the date of publication. Although we make reasonable efforts to update this information, we make no representations, warranties or guarantees, whether express or implied, that this information (and the wider content on our site) is accurate, complete or up to date.
1 ASSISTANCE If you experience any problems with your holiday arrangements whilst away, please contact your hotelier/supplier to resolve the issue locally or contact our 24 hour based Helpdesk on 08000-223030. Please note we will not reimburse any call charges to our helpdesk service which have been made from a mobile telephone.
2 BEHAVIOUR: The captain of any aircraft has absolute authority over the aircraft and passengers whilst boarding or in flight. The Captain or other authorized airline representatives can refuse to carry anyone if they are deemed unruly, unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your holiday contract will terminate immediately. UCHL will have no further responsibility or liability to you. When you book a holiday with UCHL you accept responsibility for the proper conduct for yourself and your party whilst on holiday. If your actions or those of a member of your party cause damage to the accommodation in which you’re staying, or cause delay or diversion to any flight or other means of transportation, you agree to hold harmless and fully indemnify (i.e. compensate or reimburse on a £1 for £1 basis) UCHL against any claim (including legal costs) made against UCHL by or on behalf of the owners of such accommodation or the operator of such flights or transportation. Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, or other person of authority, your behaviour is causing danger, damage to property or affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen we will not be liable for any refund, compensation or any other costs you may have to pay.
3 WEBSITE/BROCHURE ACCURACY & SPECIAL OFFERS: We publish the information in our brochures and on our website in advance. Prices, special offers and the hotel and general information are accurate at that time however they may have changed since the date of publication. We do check the information regularly and we will endeavour to tell you of any known changes or errors when you book. If you already have a booking we will advise you of any significant changes as soon as we can. Special offers may be limited, and subject to availability, and in some cases restrictions or conditions of eligibility may apply. As we do not control the supply of special/free offers they can be withdrawn at any time, so please ask for verification of an advertised offer at the time of booking. In addition, there may be some special offers such as a, airport lounges passes or early booking offers which may apply to your holiday, however to take advantage of the offer you need to let our Reservations Team know at the point of booking as they cannot be added once the booking has been confirmed.
4 CREDIT CARD PAYMENT: We accept payment by credit card. If multiple parties are travelling on one reservation and the payment is being split between those parties the name and billing address for each card holder is required.
5 CURRENCY & CREDIT CARDS ABROAD: Cash and credit cards now work in most destinations but check with your bank to ensure your choice of card will be accepted when you are on holiday. We recommend you carry at least one credit card, as you will be asked for an imprint of your card upon arrival at any hotel.
7 DESTINATION-SPECIFIC INFORMATION:
BARBADOS REGULATIONS RE CAMOUFLAGE AND/OR MILITARY CLOTHING
Important Notice: The wearing of camouflage and/or military apparel is illegal in Barbados. Clothing of this nature will be confiscated and legal proceedings may arise.
If you have a special request for a facility or service e.g. adjoining rooms or low floor, we shall pass these on to the relevant supplier but we cannot guarantee that it will be met and we shall have no liability to you if it is not. We cannot accept any booking which is conditional upon special requests being met.
8 FLIGHTS – ADDITIONAL INFORMATION:
(A) FLIGHT CHECK-IN TIMES (ALL DESTINATIONS)
Given the increase in pre-flight security screening the check-in time for all transatlantic flights is 3 hours prior to departure. As the scheduled departure may be brought forward for operational reasons you must re-check your departure time by contacting the airline directly, 24 hours before departure. Recommended check-in time for domestic and regional flights is 2 hours before the scheduled departure times. Many airlines offer on line check-in via their website.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. However, we recommend you check your final flight times on the day of departure.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
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 provisions of clause section 9 headed “Changes and cancellation by you” of the Booking Conditions will apply.
(C) FLIGHT DELAYS AND CANCELLATIONS
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in section 15(b) of the Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 0800 022 3233 or by e-mail to email@example.com
or see www.caa.co.uk – Referring Your Complaint to the CAA.
(D) FLIGHT DELAYS & CANCELLATIONS (NON EUROPEAN UNION CARRIERS & EUROPEAN UNION CARRIERS USING A NON EUROPEAN UNION CODESHARE PARTNER)
Passengers who are travelling with a Non EU carrier departing from a Non EU airport are not covered by the EC Regulation 261/2004: Denied Boarding, Cancellation & Delay. This restriction also applies to passengers travelling with a EU carrier who are operating a codeshare flight with a Non EU carrier and the flight departs from a Non EU Airport. The EU carriers which we currently use are British Airways, Flybe British European, Thomson Airways, Thomas Cook Airlines & Virgin Atlantic. Please ask us for codeshare details at the time of booking. We strongly recommend that passengers who are not covered by EC Regulation 261/2004 should ensure that their travel insurance provides adequate cover and does not exclude expenses incurred as a consequence of flight cancellation and lengthy delays, including any living costs which may arise due to force majeure situations (see section 11 of the Booking Conditions), particularly those caused by extreme weather conditions.
(E) FLIGHT LUGGAGE ALLOWANCE & ADDITIONAL LUGGAGE CHARGES
The luggage allowance on intercontinental services varies from airline to airline and cabin class with regards to weight and size. In addition, the vast majority of airlines now permit only one piece of checked baggage free of charge and extra baggage will be accepted on payment of the appropriate charge to the Airline either before or at the time of travel. Some Airlines will charge for all luggage on flights booked as a published fare and also on some US Domestic flights. Please carefully check the Airlines website regarding the applicable baggage charges, allowances and restrictions before you travel, as fees are payable at the time of check-in and they are subject to change.
(F) FLIGHT MEAL REQUESTS & IN FLIGHT CATERING
The majority of airlines require at least 48 hours’ notice for any special meal requests, including children’s and vegetarian meals. We strongly recommend that you contact the airline direct, however, such requests cannot be guaranteed. Complimentary in-flight catering and non-alcoholic beverages are usually provided on transatlantic flights only. The knife and fork symbol on the airline documents is purely an indication that food will be available, it does not signify that a complimentary meal service will be offered.
(G) FLIGHT RECONFIRMATION
Unavoidable last minute changes to scheduled flight times can occur at any time (even after the documents have been issued). It is essential that you reconfirm every flight with the relevant airline 24 hours prior to departure.
(H) FLIGHT SEAT REQUESTS
We are unable to guarantee any seat requests for specific seating arrangements and it may not be possible to obtain seats together. If you have a specific seating requirement or wish to be seated together you must contact the airline direct and you should be aware that some airlines charge a supplement for pre-allocated seating. All flights are non-smoking. We cannot accept any booking that is conditional upon special requests or seat allocation requests being met.
(I) FLIGHTS – SCHEDULED AND CHARTER AIRLINES & CODESHARE PARTNERS
Air transportation is by scheduled service of IATA (International Air Transport Association) member airlines and certain charter carriers. All details are correct at time of going to press and are liable to change at any time. Our confirmation invoice will detail the airline operator, origin/destination airports and provisional timings of reserved flights. Information on aircraft type, flight routings and timings of designated flights provided at time of booking is subject to change. Changes to the schedule or flight time will be advised on your final Travel Documents but it is possible that further changes can occur. It is essential that you reconfirm every flight with the relevant airline 24 hours prior to departure. We/airlines reserve the right to substitute alternative aircraft and/or airlines at any time. Scheduled and Charter flight timings and days of operation are subject to change. We will advise you of any significant change as soon as we are informed by the airline or main charterer.
Any change in the identity of the carrier(s), flight timings and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
Please be aware that charter flights and some promotional fares and published fares of schedule airlines, require full payment at the time of booking and are non-refundable, this may increase the deposit required to confirm your booking. It is essential that at the time of booking passengers names are an exact match with names as they appear in passports.
It is common practice for scheduled airlines to use a codeshare-system which may include you flying with a partner airline. Where this situation occurs, it is not classified as a major change.
9 HEALTH & TRAVEL ADVICE: The Foreign and Commonwealth Travel Advice Unit issues and frequently updates advice for those travelling outside of the UK as to safety and security, entry requirements, travel warnings and health. You are advised to check this information before you decide on where to holiday and before you go by accessing the latest Travel Advice on www.gov.uk/foreign-travel-advice
At the time of publication, UK residents do not require any vaccinations for travel to the USA, Mexico & the Caribbean. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. At the time of publication of this brochure, we are not aware of any compulsory health requirements applicable to British citizens taking any of the holidays featured in this brochure. For holidays in the EU/EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Further, if you participate in any activity (including any sports, water sports or winter sports) whilst on holiday participation is at your own risk and it is your own responsibility to obtain the relevant insurance. For your own interest we strongly recommend that you arrange cover with a comprehensive holiday insurance policy to travel on any of our holidays.
10 HOTEL ACCOMMODATION: Hotel prices are generally based on 2 adults sharing a room. Child or 3rd/4th adult prices may be based on the existing bedding in the hotel room. While some double rooms in the hotels have two double beds, this is not always the case and, depending on the size of the hotel rooms, some may only have one double bed or two single beds. Please note most rooms DO NOT provide three single beds. A cot or rollaway bed will usually incur an extra charge. All accommodation is based on ‘Run of House’ or the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. In most hotels, the minimum check-in age is 18 years and above. Many hotels are keen to encourage a healthy environment and it is common for properties to adopt an entirely smoke free policy. Full details will be provided locally.
HOTELS (ALL INCLUSIVE)
Hotels often place restrictions on restaurants and meal arrangements. All inclusive does not necessarily mean that unlimited food and beverages are available 24 hours a day. Not all bars and restaurants operate on an All Inclusive basis. Cash bars may operate once All Inclusive bars close. Individual hotels operate different policies and full details will be provided locally. You may have to wear a wristband or carry ID to qualify for the full range of benefits. If your wristband/ID is lost, the hotel may charge you for a replacement.
(A) PHYSICALLY CHALLENGED CUSTOMERS
UCHL welcomes all customers and we endeavour to meet all individual needs. In order to assist you, we must be advised at time of booking of any disability and special requirements and will forward an ABTA disability checklist for you to complete and return to us. Special facilities can be requested but may not be guaranteed. Please note that forms must be completed and returned to us within 28 days of booking or 21 days before departure, whichever is soonest. NB. Please note that whilst we try hard to meet the needs of every individual, Grand Pineapple Beach Negril, Sandals Regency La Toc Golf Resort & Spa, Sandals La Source Grenada Resort & Spa and Sandals Ochi Beach Resort are not equipped to cater for the physically challenged and therefore we do not recommend them to customers who require special assistance.
(B) HOTEL BUILDING AND DEVELOPMENT WORK
Many cities and hotels change and develop constantly. We have no control over building work, but we will do our best to tell you about any specific work going on at your accommodation, if there is time before you go on holiday. We are reliant upon information received from the hotels and the details provided by them. Please do bear in mind, however, that it is extremely difficult to foresee the extent, nature and effect of any such activity at a particular time.
(C) HOTEL RATINGS
Hotel categories and ratings are taken from our own Sandals rating system, rather than any official categorisation, so you can see at a glance, the relative standard of each property.
(D) HONEYMOON AND ANNIVERSARY OFFERS
Honeymoon and Anniversary offers which appear within the hotel description are provided on a goodwill basis by the hotelier and may be changed or withdrawn; some offers are also subject to local availability. If you are celebrating a honeymoon or anniversary and meet the conditions of the offer do ensure that this is registered at the time of booking. You will be expected to provide official verification so you should travel with your Marriage Certificate.
(E) MARRIAGES & RENEWAL OF VOWS
Whilst resorts welcome all guests, local laws in the USA and Caribbean (including The Bahamas) may prohibit same sex marriages and/or renewal of vows.
(F) SANDALS SELECT REWARDS
Membership of Sandals Select Rewards is completely free (the only eligibility requirement is that you are a past guest of Sandals or Beaches Resorts). Upon joining members will receive 10,000 enrolment points. For further details view www.sandalsselect.co.uk. Telephone 0800 197 8946 or email firstname.lastname@example.org. UCHL are unable to guarantee that Sandals rewards will be credited to your account, and will not accept liability for any discrepancies.
11 PASSPORTS & VISA REQUIREMENTS: It is the passengers’ responsibility to be in possession of a valid machine readable passport and/or visa if required. This applies to children and babies. Your passport must be valid for six months beyond the duration of your stay and visas may be required. Requirements may change and you must check the up to date position in good time before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. These guidelines apply only to holders of UK Passports. Travellers who do not hold a UK Passport should check the passport and visa requirements with the relevant Embassy, ensuring they allow adequate time to complete formalities before the date of departure.
(A) ESTA – ELECTRONIC SYSTEM FOR TRAVEL AUTHORISATION SCHEME
The majority of British machine-readable passport holders do not normally require a visa to visit the USA providing they will be in the USA no more than 90 days, hold a return ticket, do not have a criminal record and complete the Electronic System for Travel Authorization Scheme, known as ESTA at least 72 hours before travel.
Any passengers holding a British passport issued overseas, will be required to prove, upon check-in and arrival, that they have accommodation booked in the USA and have the full address of that, including the zip (postal) code. We provide this information on your accommodation voucher so do ensure you keep this to hand. Please note that any passengers who are denied entry as a result of incomplete documentation will not be eligible for a refund.
The US have a compulsory online registration under the Electronic System for Travel Authorization scheme, known as ESTA, which contains the same information as the I-94W form previously handed out on board aircraft which a passenger was required to complete and present to US immigration. The ESTA has replaced the I-94W and all travellers from Visa Waiver Countries only must apply for Travel Authorisation at least 72 hours in advance of their departure and must also have a machine readable passport. The U.S. Department of Homeland Security DHS operate these additional controls and all travellers will be responsible for supplying and processing this online declaration.
The ESTA can be applied for online at https://esta.cbp.dhs.gov. Please note fees and exclusions apply. ESTA covers multiple entries and is valid for two years. The ESTA is not a visa and only pre-screens the traveller and allows him or her to travel to the United States and apply for admission. An approved ESTA is not a guaranteed entry, but is a prerequisite to travel to the United States by air or sea. A person from a non-visa waiver country should not attempt to apply for an ESTA and will require a US entry Visa.
Failure to obtain an ESTA could result in a passenger being denied boarding by the airline. The alternative is to hold a valid visa. The ESTA is part of the Visa Waiver Programme and does not replace the need for a visa. The Visit USA website http.//www.visitusa.org.uk/visitors/esta.aspx carries some useful background information on the ESTA.
(B) ESTA REQUIREMENTS FOR PASSENGERS TRAVELLING TO MEXICO & THE CARIBBEAN VIA US GATEWAY CITIES
All passengers who are travelling to Mexico or the Caribbean via US Gateway Cities are required to complete both the Electronic System for Travel Authorisation scheme known as ESTA and must also provide Secure Flight Passenger Data information which applies to all carriers operating within US airspace. The ESTA can be applied for online at https://esta.cbp.dhs.gov, fees apply.
(C) SECURE FLIGHT PASSENGER DATA
Secure Flight has been introduced by the United States Transportation Security Administration (TSA) for passengers on all flights travelling in and out of the USA. This means that all bookings must have the following Secure Flight Passenger data (SFPD) collected and shown in the passenger’s booking Passenger full name, date of birth, gender, itinerary. If applicable, Redress Number (Redress Number is a unique number given to a person who has previously been incorrectly identified as a watch list match). The TSA requires passengers to provide mandatory Secure Flight Passenger Data before ticketing. To assist data collection call our Reservations Team on 08000-223030. Secure Flight is intended to address the security and efficiency of airline watch list checking. Compliance with Secure Flight is mandatory for all carriers operating within US airspace. Please be aware that Secure Flight does not replace APIS or ESTA and this information must still be provided. We strongly recommend that this information is captured as early as possible during the booking process to avoid difficulties with flight documentation.
12 TRAVEL DOCUMENTS: Confirmation Invoice and Travel Documents will be sent electronically using the email address supplied at the time of booking. If you do not receive your travel documents within 10 days of travel, please call our Customer Support Team on 08000 22 30 30. Documents will not be issued until full payment has been received. In the event that we are asked to reissue certain travel documents and we agree to do so, an administration charge of £50.00 per person will be payable by you.
13 WEATHER: All parts of the world can be prone to erratic changes in weather patterns and many of the destinations featured have a tropical climate where heavy rainfall and strong winds occur. Some parts of the world are occasionally affected by hurricanes, tropical cyclones and unusual levels of rainfall particularly during June – November. Local tours and services may be affected by the weather. We cannot be held responsible for the weather, but will lend appropriate assistance if required. Should your travel arrangements be affected by weather conditions UCHL will endeavour to assist and offer practical support, however, such occurrences are treated as ‘force majeure’ (see section 11 of the Booking Conditions) and we shall not be liable for any changes to your itinerary or arrangements.