Please read this section and the important information section carefully. When you book you guarantee that you have the authority to accept, and do accept on behalf of your party, the terms of this booking contract and have read the important information relating to your holiday. The terms and conditions in this section and your confirmation invoice comprise your agreement with Qsun and all those listed on the booking on whose behalf the party leader is acting.
For all bookings you must complete and sign a booking form.
Qsun offers accommodation only. Qsun will not independently sell flights or any other mode of travel. Flights should be booked independently by the client or through a registered travel agent which is ATOL protected (Air Travel Organiser's Licence) granted by the Civil Aviation Authority. In the unlikely event of the agent's insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to them for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.
- A contract exists when we dispatch our confirmation invoice detailing what you have booked. We will accept your booking when you or your travel agent asks for it to be confirmed. However, a contract is not made until the date shown on our confirmation invoice (subject to the correction of errors and omissions). Assuming we are able to confirm your booking, an invoice will be despatched as soon as possible.
- All telephone and website quotes are subject to our written confirmation.
- Any monies paid in order to go ahead with a request for accommodation constitutes a commitment to proceed with the booking if your request can be fulfilled. For this reason such a request must be confirmed in writing. Such monies are non-refundable unless the request cannot be fulfilled.
- Errors in costings are very rare, but should there be an obviously incorrect price, we will issue a new invoice and we will not be bound by the amount quoted on the incorrect invoice.
- It is very important that you check all the details on our confirmation invoice to ensure they are correct as this forms the basis of the contract. Items not mentioned on your invoice will not be supplied. Discrepancies should be brought to our attention within 7 days of the issue of the invoice otherwise the details shown on the invoice will be presumed to be correct.
- We aim to despatch confirmation invoices 2- 3 days after receipt of your deposit/final payment. If you do not receive a confirmation invoice after 2 weeks please contact us immediately. If we are unable to confirm your booking, we will offer an alternative holiday at the current selling price or a refund of all monies paid.
- Qsun holidays start and finish where stated on your invoice. We are not responsible for your travel to or from this point or for any expenses including travel, accommodation, subsistence and loss of earnings caused by delayed return to your departure point, howsoever caused. This contract is made on the terms of these booking conditions, which are governed by English Law. We both agree to submit to the jurisdiction of the English Courts. Your contract is with Qsun Ltd. Our contract with you is deemed to be made at the offices of Qsun - 9 Challis Avenue, St Mawgan, Cornwall TR8 4EJ.
BOOKING AND PAYMENT
- A deposit of £250 per person is required if you book more than 10 weeks prior to departure. The deposit is non-refundable. Deposits may be claimable on insurance, subject to terms. All money paid to your travel agent will be held by the agent on our behalf.
- We accept payment by cheque, direct bank transfer and credit card. In line with most tour operators there is a charge for use of credit cards of 1.25% (Visa and Mastercard) Payment will be taken in Euros at a fixed rate of 1.50 Euros to a pound sterling. Group leaders should read the section concerning group discounts and payments
- It is an express condition of booking that you have travel insurance offering at least the same level of cover as that offered by the insurance company linked on our website. No liability will be accepted by Qsun Limited for any clients travelling without adequate insurance. Insurance must be booked and paid in full at the time of booking your holiday.
- Unless any discrepancies are brought to our attention, once you have received our invoice it will be deemed that you have accepted this booking contract and the important information on behalf of all those on your booking. Please note that all telephone and website quotes are subject to our written confirmation.
- Names for those in your group must be provided (correctly as they appear on passports) at the time of booking for any holiday using scheduled flights. For those using charter flights names should ideally be provided at the time of booking, however, please read the section Cancellations and Alterations by you.
Final payment is due 10 weeks before your departure and if we do not receive the balance by this date we reserve the right to cancel your holiday and the cancellation charges shown the cancellations and amendments section will apply. We do not issue reminders for final balances. Full payment is required if booking within 10 weeks of departure. All names must be supplied no less than 10 weeks before departure (for those using a Travel Agent's transport services).
An oral request or provision of an option does not give rise to contractual obligations to you or to Qsun and may be cancelled by either party. We do not hold options on late availability prices. All options expire at the end of the final day stated.
The basic price shown in our price panel is for accommodation only.The price quoted on the final invoice is guaranteed, unless you change your booking. Brochure/website prices are in Euros and based on the current exchange rate as per www.xe.com/ucc.
CANCELLATIONS & ALTERATIONS BY QSUN
- We plan our holiday arrangements many months in advance. Therefore it is occasionally necessary to make changes to the holidays as described in the brochure. We reserve the right to change travel arrangements after this contract has been entered into. If we are obliged to make a major material change to your holiday as defined above, or if we cancel the holiday within 56 days of the original departure date you may choose to:
- Accept the changed arrangement or
- Purchase another available holiday from us at the prevailing selling price
- Cancel your holiday and receive a full refund
- Compensation payments or refunds will not be made where changes or cancellations are made due to hostilities, political unrest, situations which constitute force majeure such as war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural disasters, epidemics or health risks, fire, technical problems due to transport, closure or congestion of airports, stations or ports, cancellations or changes of schedule by carriers ceasing to operate due to adverse weather conditions or other events outside our control or unless you are in default of payment.
- If, due to circumstances outside our control in respect of which we were not able to notify you prior to departure, we are not able to provide you with the accommodation booked, we will endeavour to provide accommodation of a similar standard in the same area. If we are unable to do so and can only provide accommodation of a lower standard, we will refund the difference in price.
CANCELLATIONS & ALTERATIONS BY YOU
- Cancellations must be confirmed in writing by the person who signed the booking form (recorded delivery advised) or by your travel agent - also in writing. We cannot accept verbal cancellations.
The following cancellation charges are payable, as a proportion of the invoiced cost from the date we receive written confirmation.
Days prior to arrival % of total price 71 days or more Loss of deposit 70 to 56 days 25% 55 to 29 days 65% 26 to 15 days 80% Less than 14 days or no show 100%
- If cancellation of a party member results in under occupancy of a room or the villa, those remaining must pay the appropriate empty bed charge. Cancellations may also affect entitlement to group places. Most scheduled travel arrangements will incur 100% cancellation charge.
- If you wish to amend your booking in any way once a confirmation invoice has been issued, we will do our utmost to make these changes but it may not always be possible. Change of dates, for example, involves an administration charge of £20 per person if more than 10 weeks prior to departure and £50 if within 10 weeks of departure. Any amendment must be in writing from the party leader (only) or your agent. If your amendment involves a recalculation of holiday costs we will send a revised invoice confirming these changes. If you wish to add a person to your booking, we cannot guarantee that this can be done and such changes cannot always be accepted within 14 days prior to the date of departure.
- Dishonoured cheques will be treated as a cancellation, with relevant charges payable.
We accept responsibility only for the proven negligence of our employees when acting in our employ.
- We cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances amounting to force majeure. Force majeure means any event, which we or the supplier of the services in question could not foresee or avoid. Such events may include, but are not limited to, war or threat of war, riots, civil strife, terrorist activity, industrial action or disaster, technical problems or accidents at airports, stations, ports or transfers, natural or nuclear activity, adverse weather conditions, fire and all similar events outside our control.
- Qsun accepts responsibility should services they are contracted to provide prove deficient, and for loss or damage you may suffer on holiday as a result of the proven negligence of our employees or agents, providing this is brought to our attention while on holiday and in writing to us in the UK within 3 months of your return from holiday.
Accommodation and transport are provided by independent suppliers, for whom we accept responsibility as follows: if you suffer death, bodily injury or illness arising from the proven negligence of our suppliers, we accept responsibility provided they were acting within the scope of employment when the accident occurred. The only limitations that apply on our acceptance of liability as set out above are (whichever is the less): except in cases of personal injury, death or illness our liability will not be in excess of twice the price of the holiday of the person making the claim against us; and nor will our liability exceed any limitation applicable under any international convention governing or relating to the provision of the service complained about, even if that convention has not been ratified or applied in the United Kingdom. All clients are bound by the conditions of carriage of all airlines, coach companies, and other suppliers of transport, accommodation and services which go to make up their holiday. These conditions are subject to international agreements between countries and some may exclude or limit liability. Copies may be made available on request.
- Should any payment be made to you by us in any of the circumstances referred to in this section, we reserve the right to claim in your place against the party responsible for causing the illness, injury or death, and you must agree to assign that part of your rights to us and we will be subrogated to those rights.
- Where appropriate, and subject to our reasonable discretion, general assistance shall be given to clients who through misadventure suffer illness, personal injury or death during their holidays arising from an activity which does not form part of the inclusive holiday nor of an excursion offered by us provided you tell us and the supplier involved whilst you are on holiday and write to us within 3 months of your return from holiday. Where the client undertakes legal action, with our prior agreement, we shall meet initial associated legal costs, provided the client requests such assistance within 90 days of the misadventure. Our aggregate costs in respect of this section shall not exceed £5,000 per booking form. In the event of a successful claim for costs against a third party or there being suitable insurance policies in force, costs incurred by Qsun shall be recoverable from the client.
- If, due to adverse weather conditions or other circumstances beyond our control, pre-booked activities, excursions or tours are not available, our liability is limited to a refund of monies paid for such services.
- No refunds are given for unused portions of the holiday, e.g. journeys, transfers, car hire, empty accommodation, uneaten meals. No representative is authorised to make or promise refunds and no such promises will be accepted by Qsun.
- Where excursions or services such as surf lessons are provided by a company outside of Qsun, even where such excursions or services are sold through our representative or a supplier of Qsun, we will have no liability for these services.
- All clients undertake not to damage their accommodation, and to abide by local regulations. Clients are liable for the cost of any damage or loss and Qsun shall be entitled to recover costs from the client if necessary before homebound transfer. The party leader shall be liable in the first instance for any claims against the party. Clients undertake not to harm the reputation of Qsun, or cause offence to other clients or to representatives of Qsun. The holiday of any client in breach of this undertaking is liable to be terminated and Qsun shall have no further contractual obligations to that client. If in the opinion of any person in authority such as an aircraft captain, manager or Qsun employee you appear to be unfit to travel or likely to offend other passengers, we may terminate your holiday arrangements with us and our responsibility for your holiday ceases. In this case no refund or compensation will be paid.
- Clients are responsible at all times for their own personal documents, for their baggage and belongings.
- We will try to meet any special requests. Please note that special requests do not form part of our contractual agreement and we will have no liability if they are not met.
TRANSPORT (if supplied by a third party)
- All travel arrangements including routings, aircraft type and arrival airports are provisional until confirmed on your tickets and may change after this due to circumstances beyond the airlines control.
- Qsun reserve the right to make any necessary change to your travel arrangements including changing the means of transport in a force majeure situation in order for us to be able to meet our obligation to transport you to and from the accommodation or your UK departure airport.
- Airlines do not offer compensation for inconvenience or loss of holiday, unused accommodation or facilities due to flight delays.
- Please be aware that we are often not advised by scheduled airlines of delays to flights either internal or international.
- In the event of a charter flight delay over 3 hours, in conjunction with the airline, the third party aim to provide light refreshments. If the delay is over 6 hours the third party aim to provide a meal although both will be dependent on local circumstances.
- If the baggage allowance on charter tickets is exceeded there may be a charge for the excess or it may not be possible to load it on to the flight. The baggage allowance for scheduled flights is also shown on your flight tickets and the same rules apply.
- It is the responsibility of the owner to ensure that their property is taken from the point of arrival to the transfer vehicle and from the transfer vehicle to the accommodation and vice versa on departure.
We want your holiday to be as enjoyable as possible, but occasionally even the best laid plans can go wrong. In the unlikely event of there being something not to your liking whilst on holiday, we aim to resolve it as quickly and amicably as possible.
- You must report it immediately to the relevant supplier of the services in question and to a Qsun employee, thereby giving them the opportunity to remedy the problem. Part of this reporting procedure is that you complete a form so all parties are clear on the precise nature of the issues involved. It is an express condition of your Agreement that this simple procedure is followed. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If you are still dissatisfied we ask that you write to us giving details of your complaint. We do not automatically follow up a report made in resort as in many cases these are resolved.
- If you are still dissatisfied please write to us within 28 days of your return quoting your booking reference and providing details of your dissatisfaction. We will acknowledge your letter and investigate the points raised and reply within 28 days. If this is not possible we will send you a letter advising you of our progress. The prices and conditions on our website are valid from May 2005. We reserve the right to increase or decrease the price of unsold holidays at any time and to correct omissions or errors. For these holidays supplements and discounts may not be as stated in this brochure. Any further issues of the brochure will supersede these conditions and prices. Current selling prices will be shown on our web site.
WEBSITE AND BROCHURE DESCRIPTIONS
All descriptions on our website, in our brochure, made orally or in writing, are given in good faith based on information believed to be correct at the time. After the brochure is printed however, changes can take place, which are beyond our control. Our reservations staff will have the most up to date information and we will do our utmost to notify you of changes before your departure. Photographs of rooms represent the type of accommodation available but not all rooms will be the same shape, size or style.