receiving a prompt refund of all monies paid to us.
If you wish to purchase an alternative holiday, you must tell us within the time mentioned in our offer or, if none is mentioned, within seven days of our offer or we are entitled to assume that you require a refund.
Minimum Numbers: We regret we can only operate each of the holidays shown in this brochure if a sufficient number of people book them. If there is insufficient demand, we have the right to cancel the holiday in question. If we have to do so, we promise we will tell you no later than the date the balance of your holiday price is due. In this situation, you will then have the choice of the options shown above under 'If we cancel your holiday arrangements'. If possible, we will endeavour to offer you the same holiday departing on a different date. Where we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
5. YOUR FLIGHT
A list of all airlines and aircraft we anticipate using during the season is shown in Holiday Information. Flight timings planned are also given for your guidance but your actual flight timings will be those shown on your airline tickets (although it is possible that even these timings may change), and you should check those carefully as soon as you receive them. We may substitute alternative airlines and/or aircraft and/or airports of destination if necessary, in which case you cannot transfer to another holiday or cancel without incurring normal cancellation charges (see section 14 under ‘Your Commitments to Us’). If a substitute airline means the loss of in-flight catering, we will reimburse you the cost difference. Any such change will be a minor one not entitling you to compensation.
6. FLIGHT DELAYS
We wish we could guarantee to you that your flight will never be delayed, but unfortunately delays still occur. If and when this happens we will be on hand to look after you. If an outbound flight from the UK is delayed by over two hours we will try to provide light refreshments*, and we will try to provide a meal at mealtimes* in the case of a delay of over four hours. If your flight home to the UK is delayed, we will normally arrange for you to remain in your hotel, or be transferred to another of our hotels closer to the airport.*
*Unfortunately, it is not always possible to provide refreshments/meals for you to stay at a hotel, as being able to do so depends on factors such as the capacity of the airport concerned to cater for the number of passengers involved, the anticipated length of delay (it is often the case that a delayed aircraft will be ready to depart on very short notice, so passengers need to be at the airport, the provision of catering may also risk extending the delay) and the timing of any delay. If your outbound flight from the UK is delayed by 12 hours because of industrial action or strikes, aircraft technical fault or bad weather, you have the right to cancel your holiday and get a full refund of all the money you have paid to us, except any insurance premiums. Alternatively, we will give you £20 per person compensation for the first 12 hours delay and a further £20 for each subsequent 12 hours delay up to a maximum of £60 per person unless you have a travel insurance policy (other than the one we offer) which provides such delay protection cover - in this case you must claim on your own insurance. Any claims under our 12-hour Flight Delay Protection Plan will be paid upon your return to the UK and should be sent to Cosmos Customer Services at Bromley (rather than the insurance company) upon your return from holiday. In certain circumstances, you may or may not be entitled to compensation in addition to the above promises.
7. OUR ASSURANCE ON STANDARDS AND ASSUMPTION OF LIABILITY
Your holiday and personal injury:
a) We make every effort to ensure that all holiday arrangements are made correctly and efficiently. Subject to these Booking Conditions, we accept responsibility if any of the services which we have agreed to provide for you as part of our contract with you prove deficient or not of reasonable standard. We also accept responsibility for what our employees, agents, suppliers and sub-contractors do or do not do (providing they were at the time carrying out work authorised by us) except where death, personal injury or illness results (covered by paragraph 7 (b) below).
(b) Subject to these Booking Conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable where any failure to perform or improper performance was due to: the act(s) and/or omission(s) of the person(s) affected or another party member, or those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable, or ‘force majeure’ as defined in paragraph 7(c) below.
(c) Except where otherwise expressly stated, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event which we or the supplier of the services in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
(d) Except where otherwise expressly stated, where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in an hotel, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable International Convention (eg. Warsaw Convention as amended for international travel by air and/or, for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for international and national travel by air, Athens Convention for international travel by sea) in that situation. You must give credit for all payments due or received from any carrier or hotel keeper which relate to the claim in question.
(e) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) the maximum amount we will pay you is the maximum amount payable for the claim in question under the insurance policy we offer as set out under the heading ‘Summary of Principal Cover’. These limits apply whether or not you take out our recommended insurance policy. When dealing with any such claim, we will use the definitions contained in this policy. A copy of the policy wording can be provided on request.
(f) You must notify us of any complaint or claim in accordance with paragraph 17 ‘If You Have a Complaint’. For all claims, any person(s) to whom any payment is made (and their parent or guardian if that person is under 18) must also assign to ourselves or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide ourselves and our insurers with all assistance we may reasonably require.
(g) 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.
(h) The promises we make to you about the services which make up your holiday as part of our binding legal agreement with you -and the laws and regulations of the country in which the injury, illness or death 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 injury, illness or death complied with the local laws and regulations applicable to those services at the time of the injury, illness or death, 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. Other misadventure.
(i) If you or anyone else named on your booking have the misfortune to suffer illness, personal injury or death through misadventure during your holiday arising out of an activity which does not form part of your holiday arrangement with us, we will offer to help where possible and appropriate in our reasonable discretion, by for example:
- providing our general assistance;
- paying your initial legal costs where you or anyone else in your party take legal action against a third party as a result (as long as we have agreed to pay them before you incur those costs and you have asked for our help within 90 days of the accident); up to a maximum cost to us for all assistance of £5,000 per booking form. We will not provide help with legal costs if you have a Legal Expenses Section in your Holiday Insurance Policy or any other insurance policy upon which you are entitled to rely. Also, if you successfully claim for these costs against a third party, we will require you to reimburse us for any costs we have paid for or to you up to the maximum amount of costs you actually receive or are entitled to receive. Requests for our assistance under this section should be addressed direct to the
Customer Services Manager, Cosmos Coach Tours Ltd, Wren Court, 17 London Road, Bromley, Kent, BR1 1DE.
8. OUR COMPLAINTS PROCEDURE.
We will always do our best to sort out any complaints you may have amicably. If, however, we are unable to agree, you may take your complaint to Arbitration under a special scheme set up with the Association of British Travel Agents and run independently by the Chartered Institute of Arbitrators. This scheme provides a simple and cheap way of sorting out complaints, and there is a limit on the costs which you might have to pay. The scheme does not apply if your claim is for more than £5,000 per person. There is also a limit of £15,000 per booking form. You must apply within nine months of your return from holiday (although in exceptional circumstances it may still be offered outside this period). Full details are available from ABTA at 68-71 Newman Street, London W1P 4AH. We both agree that any dispute, claim or other matter which arises out of or in connection with your contract or holiday will be dealt with under the ABTA Arbitration Scheme or by the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case you may take proceedings in the Courts of your own country).
9. CONDITIONS OF CARRIAGE
When you travel the ‘Conditions of Carriage’ of the company providing your transport will apply to your journey. These Conditions will limit and, in some areas, exclude the carriers liability to you, usually in accordance with applicable International Conventions (see paragraph 7(d)). Copies of these Conditions can be provided by your Travel Agent or ourselves (if you book direct) or the carrier itself on request.
10. WEBSITE INFORMATION
All content is based on information available at the time of publication. We reserve the right to change any information before your booking is confirmed and the amended information will then form part of your contract with us. If any part of the Conditions is found to be unfair or unreasonable, the remaining terms will still be valid. Whilst every effort is made to ensure the accuracy of this website and prices at the time of publication, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking. You must ensure you check all details of your chosen holiday (including the price) with us or your Travel Agent at the time of booking.
YOUR COMMITMENT TO US 11. DEPOSITS AND SPECIAL REQUESTS
You must pay a deposit of £75 per person for European holidays and £100 per person for long haul holidays at the time of booking plus appropriate insurance premium if applicable. If booking within eight weeks of your departure, you must pay the full cost of your holiday when you book. No deposit is payable for infants under two years of age at the time of return travel. For insurance requirements see paragraph 15. Your payment and the issuing to you of a confirmation creates a contract between us. Our booking conditions form the basis of your contract with us. You should read and ensure you understand these (raising any queries you may have with us) before asking us to confirm your booking. By asking us to confirm your booking, you are liable to be regarded as having had the opportunity to have read and understood our booking conditions, and to have actually done so before a contract between us came into existence. If you are booking a late/special offer holiday, any extra information and conditions that apply to the late/special offer holiday will also be part of your contract. If in doubt you should check with your Travel Agent or us (if booking direct). If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your Travel Agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your holiday, it must be specifically agreed with us before or at the time you book your holiday. We promise to comply with any special request which we have specifically agreed. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.
12. PAYING FOR THE BALANCE OF YOUR HOLIDAY
Our Confirmation & Account will show the total price you must pay for your holiday. If any additional charge not included in our price guarantee becomes payable (for example costs relating to special requests made by you), a revised invoice will be sent to you showing that charge. You must pay the balance six weeks before departure or within seven days of the invoice date, whichever is later. If you book through a Travel Agent, you should make sure that you pay the Travel Agent in enough time to allow the money to reach us by this deadline. If you book within eight weeks of your departure, you must pay the full cost of your holiday when you book. If for any reason the balance is not received by us or your Travel Agent on time, we or your Travel Agent will write and tell you that the payment is overdue. If it is still not received by us or your Travel Agent within 7 days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you and keep your deposit. If we do not cancel straight away because you have promised to make payment, you must in addition pay the cancellation charges shown in paragraph 14 depending on the date we reasonably treat your booking as cancelled. All money you pay to one of our authorised Travel Agents for your holiday with us will be held by the Agent on our behalf until it is paid to us. Please note, this does not apply to any money paid to the Travel Agent for any services not provided by us (for example Travel Agent’s administration fee or service charge or car parking).
13. IF YOU CHANGE YOUR BOOKING
Should you wish to change your holiday arrangements in any way we will do our best to meet your wishes. We will charge a handling fee for any such change of £25 per person plus any charge imposed by scheduled airlines for name changes (see Holiday Information). Any change you make within 8 weeks of departure will be treated as a cancellation and we will make a cancellation charge as set out below. Where the price of your holiday depends on the number of people booked into the accommodation and someone in your party cancels, the price will be recalculated on the basis of the new number of people going, and we will send you a new Confirmation & Account. Any increase in what you have to pay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge. Also, you may not change from a holiday featured in any Cosmos brochure to one of our Late Availability, Price Beaters, Hot Offers or any other Special Offer holiday.
14. IF YOU CANCEL YOUR BOOKING
If you wish to cancel all or part of your booking, you should ask your Travel Agent to write to us or, if you booked direct, the person who signed the booking form should write to us. If some or all of your party cancel their holiday, we will levy a cancellation charge on the scale shown in the following table. These charges are based on the estimated cost of cancelling your holiday and the losses we may suffer if we cannot resell the holiday. These charges are also payable if we cancel your holiday because you have breached a requirement of these Booking Conditions which entitles us to do so (see paragraphs 12, 15 and 16).
Number of days before your departure we receive your written cancellation
| More than 42 days |
deposit (2yrs of age and over) |
| 29 - 42 days |
50% of holiday cost* or the deposit if more |
| 23 - 28 days |
70% of holiday cost* or the deposit if more |
| 16 - 22 days |
80% of holiday cost* or the deposit if more |
| 4 - 15 days |
90% of holiday cost* or the deposit if more |
| Within 3 days of departure or after |
100% of holiday cost* |
* ‘Holiday cost’ does not include insurance premiums and any handling fee or other costs paid if you changed your booking which are not refundable in the event of your cancellation.
If you are travelling on a scheduled service flight we cannot give you any refund until any air tickets issued are returned to us by your Travel Agent, or if you booked direct, by you. If the reason for your cancellation falls within your insurance cover, you should be able to claim a refund of your cancellation charges from the insurance company less any applicable excess. We will also refund your deposit in full if you cancel your holiday because you are made redundant, provided we are told at least eight weeks before your departure date and receive written confirmation from the employer concerned.
If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not want to take the holiday, you should be able to transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us providing you meet the following requirements:
(a) You must write to us with full details of who cannot or does not want to go on holiday and who you would like to go instead. We must receive this information at least 14 days before the start of the holiday. Sometimes it is not possible to make the change (for example if scheduled flights are involved, the airline may treat a name change (for any reason) as a cancellation of the flight and will offer it to anyone on a waiting list for that flight, before allowing someone chosen by the original passenger to buy it. The only way to make the change may therefore be to purchase an alternative flight) - in this case, we will tell you as soon as possible.
(b) If the change can be made, you will have to pay a handling fee of £15 per person together with any extra costs we incur or are asked to pay in order to make the change. Please note, airlines often do not allow any name changes within a certain time of the start of the holiday and generally not at all after flight tickets have been issued. If you want or need to make a name change when an airline will not allow it, you will have to cancel the original flight (which means you will lose all the money you have paid for that flight) and pay the full cost of another flight. This is the airline’s decision and we have no control over it. Everyone who goes on holiday in place of anyone who was originally due to travel must agree to these Booking Conditions and any other requirements which apply to the holiday before the change can be finalised. If the full price should have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.
15. YOUR HOLIDAY INSURANCE
Adequate personal travel insurance is essential for your own protection. You must therefore take out for your whole party, either the holiday insurance we offer or another policy giving at least as good cover before we will accept your booking. If you purchase our insurance, cover will not be effective until we receive all applicable premiums in full. If you do not purchase our insurance at the time of booking, we will send you an Indemnity Form requiring you to provide us with your alternative insurer. It is your responsibility to ensure that the insurance cover you purchase is adequate for the particular needs of you and your party. Please read your policy details carefully and take them with you on holiday. We do not check alternative insurance policies. Providing you give details of your alternative insurance policy to your Travel Agent or, if booking direct, to us in writing within 14 days of making your booking, and providing that a claim does not exist and that travel has not taken place, you may cancel our insurance and receive a full refund of the premium (if you have paid for it at the time of cancellation). If you do not take out Cosmos insurance or provide us with details of your alternative policy within 14 days of booking (or no less than 3 days before departure if booking within 14 days of departure), you will not have met with the terms and conditions of booking and we reserve the right to cancel your booking with cancellation charges as shown in paragraph 14 of these Booking Conditions. Your Travel Agent (or Reservations Advisor, if booking direct with Cosmos) will remind you of your obligation to take out insurance as required by this paragraph, at the time of booking with your confirmation, and before we cancel your holiday.
16. YOUR RESPONSIBILITIES
(a) You must ensure that you and the rest of your party have valid acceptable passports and any appropriate visas (see the Passport & Visas section in Holiday Information for more details).
(b) You should check what vaccinations are required for your chosen destination with your doctor in good time before departure.
(c) Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certification that they are fit to travel. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason.
(d) You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your holiday arrangements if your behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any airline pilot, hotelier or other person in authority, disruptive, dangerous or upsetting to other people or if you have caused or are likely to cause damage to property. This includes abuse of, or assaults upon our staff (threats of violence and/or actual physical harm), and we will press charges in the resort or on your return to the UK, in such an event. We will not pay any refund or any costs incurred by you if we have to terminate your holiday due to your unacceptable behaviour. We will then have no further responsibility for you (including any return travel arrangements). If your unacceptable behaviour means you are not allowed to board your outward flight we will treat your booking as cancelled from that moment and you will have to pay full cancellation charges (see paragraph 14).
(e) You must tell us if you have an existing medical problem or disability which may affect your holiday before you book your holiday. If in our reasonable opinion, your chosen holiday is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the holiday is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in paragraph 14 must be paid by the person concerned. Please note, in deciding whether a holiday is suitable, we are entitled to consider the needs and reasonable requirements of our other clients and practical operational difficulties.
17. IF YOU HAVE A COMPLAINT
We do our best to give you an enjoyable, trouble-free holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint about the overseas part of your holiday you must tell our local consultant whilst abroad as soon as possible so that it can be sorted out on the spot. If your complaint cannot be resolved there and then, you must complete a General Report Form in the resort. You will be given a copy of this to keep. You must also tell the supplier who you are complaining about. If you remain dissatisfied you must then write to us with full details within 28 days of your return from your holiday, giving your holiday reference number and day time and evening telephone numbers. As it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. All holidays in this brochure are sold by Cosmos Coach Tours Ltd which is licensed by the Civil Aviation Authority (ATOL No. 1082) and is bonded with major banks. This means your money will be refunded or you will be brought home if already abroad, in the unlikely event that your holiday cannot be provided due to our cessation of business.