The following terms and conditions form the basis of your contract with Oyster Luxury Travel & Diving Ltd.
Your contract will be with Oyster Luxury Travel & Diving Ltd, which is a member of the Travel Trust Association (U455X). In the unlikely event of our insolvency, the TTA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the TTA website at www.traveltrust.co.uk.
When you wish to confirm a package holiday booking, you must sign a booking form acknowledging your understanding and acceptance of our terms and conditions on behalf of everyone in your group.
The terms and conditions vary depending on whether you purchase a "package holiday" consisting of transport and accommodation booked at the same time and invoiced as a fully inclusive cost or "Other Travel Arrangements" which is anything else, including accommodation or transport booked separately and subsequently itemised on your invoice.
Please note that where a suppliers services form part of your booking, the suppliers standard terms and conditions will also apply. These are important in the case of "Other Travel Arrangements" where Oyster Luxury Travel & Diving Ltd acts only as an agent between you and our suppliers. All travel arrangements that include flights are based on scheduled IATA airlines and are subject to their conditions of carriage. Copies of these conditions may be requested in writing.
When making a booking we will require a minimum deposit of £250 per person for your travel arrangements. Please be aware that some airlines and suppliers require full payment at the time of booking, or an additional deposit depending on the services booked. You will be advised of the exact deposit at the time of booking. We will send you a confirmation invoice, after which a contract exists, subject to English law unless otherwise agreed. We will require payment of the remaining balance as shown on your confirmation invoice, not less than ten weeks before your departure from the UK. If you book within ten weeks of departure from the UK we will require full payment at the time of booking. Deposits are non-refundable and should you fail to pay the money when it is due we reserve the right to cancel your booking and retain the deposit that has been paid.
Deposits are non-refundable and should you fail to pay the money when it is due we reserve the right to cancel your booking and retain the deposit that has been paid.
Travel documents will not be released until we have received full payment.
CANCELLATIONS BY YOU (Flights): Should you for any reason have to cancel your booking you must give us a written notice of cancellation signed by the person who originally made the booking. Refund of Flight Tickets - Some tickets are non-refundable. Certain types of airline tickets (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation charge. Tickets returned will be submitted to the respective airline, or their agent, for assessment. As soon as we are reimbursed by the issuing airline or their agent we will forward a refund to you, less loss of deposit, applicable cancellation and/or administration charges. Please note that airline refunds or part used tickets and the return half of the airfare are always less than the pro-rata rate and may have no refund value whatsoever. Refunds usually take 8 - 12 weeks but in certain cases may take longer.
Other Travel Arrangements - If you need to cancel you must do so in writing. Cancellation charges apply and these will vary depending on the services booked. These will be stated at the time of booking. In all cases a minimum cancellation fee of £50 will apply regardless of the value of the service cancelled. Cancellation charges can be anything from £50 to 100% dependant on the airlines / suppliers conditions. In some cases it may not be possible to offer any refunds for certain services such as air tickets once a booking has been made. Please ensure you are certain of the fees applicable to your booking by asking us before proceeding to book your arrangements
If you wish to make a change to a confirmed booking please contact us.
If, after a confirmation invoice has been issued, you wish to change your holiday arrangements we will do our utmost to make these changes. Any change to an itinerary prior to receipt of your final payment will be treated as an amendment. Depending on the amount of work involved, each change will incur an amendment charge which will not exceed £50 per person, in addition to any further costs or charges that we incur from our suppliers in making the alteration. If full payment has already been received amendments are treated as cancellations and the cancellation charges will apply. Please note that some suppliers, in particular airlines, do not allow a name change and may consider this as a cancellation and re-booking with a 100% cancellation charge.
If the services booked are dependent on a minimum number of people using the service, we will have to recalculate the total cost based on the new number of passengers travelling. The cost may therefore increase but as this is not a cancellation charge, it may not be covered by your insurance.
No refunds will be given for unused services unless an amendment or cancellation has been made in which case the charges shown above will apply. Any modification or abandonment of travel arranged, by the client after departure, will not be accepted as any basis for a claim against Oyster Luxury Travel & Diving Ltd.
Name changes. If you are prevented from taking a flight or package holiday, we will, where permitted by the scheduled airline concerned, be happy to arrange a change of name provided you give us at least 21 days notice prior to departure, provide evidence of your inability to travel and pay the cost of the changes. An administration fee will be charged and this depends on the airline and supplier used. We will charge £50 per name change in addition to any charges levied by the service providers such as the airlines, where a name change is permitted by the airline.
(a) Packages - We aim to provide the travel arrangements you have booked without any changes, however, it is possible that cancellations may be necessary due to changes made beyond our control by airlines, hotels or other suppliers.
In the unlikely event that your travel arrangements must be cancelled, Oyster Luxury Travel & Diving Ltd will advise you as soon as is reasonably possible and you will be offered an alternative or a full refund. Refunds will be subject to the conditions of our suppliers.
If we have to cancel your package holiday as a result of any other circumstances, we may offer you additional compensation where deemed appropriate. Note: Compensation will not be payable when the cancellation is due to events beyond our control, such as war, threat of war, riots or disturbances, terrorist activities, industrial disputes, fire, nuclear or natural disasters, health risks, problems with transport, severe weather conditions or any other similar events.
(b) Other Travel Arrangements
In the unlikely event that a booking has to be cancelled, for any other reason than non-payment, then a full refund will be made of all monies paid, less any amendment fees or insurance premiums. Refunds will be subject to the conditions of our suppliers.
(a) "Packages" - Although it is unlikely, we may unfortunately have to make changes to your travel arrangements and we must reserve the right to do so. We will inform you of any major changes at the time of booking, or as soon as possible afterwards if you have already booked. If a major change is necessary, such as an alteration of your outward/return flights by more than 12 hours, change of resort, or reduction in standard of your accommodation, you will be offered the choice of;
(i) accepting the change
(ii) accepting an alternative
(iii) receiving a full refund of all monies paid.
If the alteration results in a reduction in the total cost of your travel arrangements, we will make an appropriate refund. We will offer appropriate compensation for the change imposed providing that it does not arise from circumstances outside our control.
(b) "Other Travel Arrangements" - Where we only act as a booking agent, particularly in the case of air tickets, we may not be notified of a major change before you travel. However, where we are notified, we will advise you as soon as is reasonably possible. If the changes are not acceptable to you, we will offer you an alternative if available, or a full refund, as per the “packages” section detailed above. If your chosen alternative costs more, you must pay the difference, unless you have paid for your booking in full.
Note: A change of airline carrier or UK departure between London airports in not considered a major change
If your travel documents have not been received by you, or you have mislaid your travel documents, you must inform us at least 7 days prior to departure. Failure to do so may result in additional charges payable by you as special arrangements will have to be made.
(a) Packages - Should you or any member of your party suffer illness, personal injury or death, through any misadventure out of any activity which does not form part of our package holidays, nor part of an excursion sold through us, we shall offer you every assistance we can. Assistance is given at our reasonable discretion.
We are responsible for ensuring that your package holiday is of a reasonable standard and as described to you. If any part fails to reach this standard and affects the enjoyment of your holiday, we will offer reasonable compensation providing it is not due to events outside our control.
Oyster Luxury Travel & Diving Ltd accept responsibility for death, injury, or illness caused by the negligent acts and/or omissions of our employees or agents, together with our suppliers and sub-contractors, servants and/or agents of the same, whilst acting in the course of their employment in the provision of your package holiday. However Oyster Luxury Travel & Diving Ltd has no liability in regards to the diving element of your holiday, Oyster Travel are not liable for any claims as a result of injury, illness or death resulting from diving.
(b) Other Travel Arrangements - When acting only as a booking agent, Oyster Luxury Travel & Diving Ltd has no liability whatsoever for any aspect of the travel arrangements and accepts no liability for any loss, personal injury or death however incurred, except where caused by our own proven negligence.
If you have a problem during the course of your holiday, you must inform the supplier of the service, plus a representative whose details we have provided, or telephone our offices, immediately. Failure to do so may reduce or extinguish any possible claim. We will endeavour to put things right as soon as possible. We will acknowledge all complaints on their receipt and deal with them promptly and efficiently. Any disputes which cannot be amicably settled may (if the client so wishes), be referred to arbitration. Alternatively, you may wish to take any dispute to the Small Claims Court.
Passports / Visas / Health / Travel Advice: Passengers must be in possession of a valid passport, any necessary visas, including transit visas, plus any international health certificates required by the countries being visited. In the event that clients are refused permission to enter any country due to incorrect documentation, or health precautions, no liability can be accepted by Oyster Luxury Travel & Diving Ltd and no refunds can be made. Details of health requirements can be obtained from the Department of Health’s “T5 – Health advice for travellers” booklet or web site at www.doh.gov.uk. We also recommend you check the latest Foreign Office advice on your destination before departure. This can be obtained on the internet at www.fco.gov.uk.
Smoking: On most airlines smoking is not permitted. We recommend you contact your airline regarding current smoking policies for the airlines on which you intend to travel.
Seat Requests: Where possible, Oyster Luxury Travel & Diving Ltd will pass on any seat request to the relevant airline. However, we must stress that seating requests cannot be guaranteed and we cannot be held responsible for requested seating being unavailable at the time of check-in.
Special Meals: For travellers with special dietary requirements, special meals can normally be requested and must be done so, well in advance of the travel date. Oyster Luxury Travel & Diving Ltd accept no liability for any requested special meals not being available.
Direct/Codeshare Flights: Direct flights showing one flight number may require a change of aircraft or touchdown en-route. Some flight routings to the USA may also require customs and immigration clearance at the first arrival airport. Due to an increasing number of global airline alliances, ‘codeshare’ flights, where one airline operates a service on behalf of another, are commonplace. Your printed itinerary will confirm details of such flights.
Special Requests: any special requests (e.g. low floor, adjoining room) will be passed on to the relevant supplier. However, we cannot guarantee that it will be met and we have no liability to you. We will however, make every reasonable effort on your behalf. Some special requests may incur extra charges e.g. room with sea view, where this is the case the supplementary charge will be added to your confirmation invoice.
Overseas Departure Taxes: Many countries impose airport or departure taxes. Where these can be paid in advance, the cost will be included in the ticket price quoted. Other taxes may be payable in cash at the destination.