Please read these Booking Terms & Conditions carefully, as they set out our respective rights and obligations. In these Booking Terms & Conditions, references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made, or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:
1. He/she has read these Booking Terms & Conditions and has the authority to and does agree to be bound by them.
2. He/she agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto.
4. He/she is over 18 years of age and, where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
5. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking And Paying For Your Arrangements
Before you book, please discuss your choice of destination, accommodation and transport with our Travel Consultants, to make sure that it will be suitable for you and the people you will be travelling with. Some travel and accommodation arrangements are only available on a request basis - where this is the case, you will be advised at the time you make your enquiry and details of the arrangements on request will be shown on any documentation we issue. Any arrangements that we advise you are on request, are not confirmed or guaranteed and are subject to change until we receive confirmation from our supplier.
A booking is made with us when:
a) You tell us that you would like to accept our written or verbal quotation.
b) You pay us either a deposit or the full amount of your chosen arrangements. We will advise you at the time of booking as to whether full payment or a deposit is required (if you pay a deposit at the time of booking, full payment is required 10 weeks prior to departure, or 12 weeks prior if you are booking a villa), and
c) We issue you with a booking confirmation.
We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 70 days prior to scheduled departure (or 84 days in the event that you book a villa). If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in the relevant section of these Booking Terms and Conditions will become payable. Payment is accepted by most major credit cards, without charge. Confirmation of charges, if applicable, will be made at time of booking.
We endeavour to ensure that all the information and prices on our website and in any advertising material that we issue are accurate; however, occasionally, changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
3. Travel Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements, including cancellation charges, medical expenses and repatriation in the event of accident or illness. If you are undertaking any sports or adventure activities on your trip (including trekking), you should also make sure that your policy covers these. If you choose to travel without adequate insurance cover, we will not be liable for any losses, howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Special Requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the suppliers we work with. Our note of your request on your invoice/receipt confirms we have received, however, does not guarantee that we, or the relevant supplier, can meet your request. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights.
5. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
6. Fitness To Travel And Medical Conditions
We are not a specialist disability holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability that may affect your stay, please provide us with full details before we confirm your booking, so we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor's certificate, certifying that you are fit to participate in the holiday. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If, in our opinion, or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Excursions (or other tours that you may choose to book or pay for prior to travel or whilst you are on holiday) are not part of your contracted arrangements with us. For any excursion or other tour 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.
9. Passport, Visa And Immigration Requirements And Health Formalities
It is your responsibility to check and fulfil the passport, visa, and health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies, High Commissions or Consulates through which you are travelling and your own doctor, as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. Please note: some countries require 2-3 blank pages at the end of your passport. Special conditions apply for travel to the USA, and all passengers must have the appropriate visa and individual, machine-readable, passports. We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.
Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible.
We make every effort to ensure that your holiday arrangements run smoothly, but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately, who will endeavour to put things right. If this does not solve the problem, please telephone us, toll free, on 8000 3570 2891
or call our 24-hour helpline (as detailed in your itinerary). In the event that the problem cannot be resolved and you wish to make a complaint, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. The address to send correspondence to is: Client Services, Elegant Resorts Middle East, Umm Suqeim 1, Jumeirah Beach road, Dubai, PO Box 28060. Please keep your letter concise and to the point, as this will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our (and the applicable supplier's) ability to investigate your complaint, and will affect your rights under this contract.
11. Delays, Missed Transport Arrangements And Other Travel Information
We cannot accept liability for any delay which is due to any of the reasons set out in clause 13 of these Booking Terms & Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check-in or board on time).
The carrier(s), flight timings and types of aircraft shown in our brochures or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
12. Advance Passenger Information
Advance Passenger Information is required from all passengers travelling internationally. Advance Passenger Information means your passport/identity card details and, in some instances, your contact information is provided to the authorities before you travel. The airlines will only provide each country's customs and Immigration Authorities with the required relevant information. Some governments also require airlines to provide them with direct access to airline passenger bookings, which may contain other passenger data. It is important that the information provided is accurate so you pass through Immigration, on arrival, without delay. You must provide this information when you check in and we strongly recommend that you do so in advance of going to the airport. Failure to hold correct documentation or submitting incorrect details with Advance Passenger Information or visa applications may result in refusal of carriage or entry to a country. Neither we, nor the airline will accept liability if this happens.
13. Force Majeure
Except where otherwise expressly stated in these Booking Terms & Conditions, we will not be liable to pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authorities, including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside the control of Elegant Resorts or the supplier concerned. Advice from Government Offices to avoid or leave a particular country may constitute Force Majeure.
14. Conditions Of Suppliers
Many of the services that make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions, which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
15. Changes By You To Your Holiday
If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of up to AED275 per person, per change, as well as any applicable rate changes or extra costs incurred, as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person, provided that written notice is given. An administration fee will be charged (details are available upon request).
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements), providing we are notified not less than 28 days before departure and you pay an amendment fee of up to AED275 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Terms & Conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
16. If You Cancel Your Holiday
If you decide to cancel your confirmed booking, you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
|Period before departure within which notice of Cancellation by you is received ||Amount of cancellation charge |
|More than 70 days ||loss of deposit |
|70-57 days ||30% of total holiday cost (or loss of deposit if greater) |
| 55-43 days ||50% of total holiday cost |
|42-22 days ||70% of total holiday cost |
|21-10 days ||90% of total holiday cost |
|9 days or fewer ||100% of total holiday cost |
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If any member of your group cancels and you cannot fill that person's place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges, which arose before the cancellation and any deposits paid for any pre-booked items or services.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
17. If We Change Or Cancel Your Holiday
As we plan your arrangements many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a major change to your booking, we will inform you as soon as reasonably possible, if there is time before your departure. Examples of minor changes include a change of accommodation to another of the same or higher standard.
Occasionally, we may have to make a major change to your confirmed arrangements. Examples of 'major changes' include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away
- A change of outward departure time or overall length of your arrangements of twelve or more hours
- A change of UAE departure airport
- A significant change to your itinerary, missing out one or more destination entirely
We will not cancel your travel arrangements less than 70 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your booking before this date if, for example, the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or cancellation, 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:
i) accepting the changed arrangements
ii) having a refund of all monies paid, or
iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will assume that you have chosen to accept the change or alternative booking arrangements.
In the event of a change or cancellation, regrettably, we cannot reimburse you for any incidental expenses incurred by you, such as visas, vaccinations, equipment, transport, insurance or similar costs.
18. Our Responsibility
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" as set out below. Subject to these Booking Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated, taking into consideration all relevant factors such as, but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible, or pay you compensation, for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a) The act(s) and/or omission(s) of the person(s) affected;
b) The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised, or
d) An event which we (or our suppliers) could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) Loss of, and/or damage to, any luggage or personal possessions and money:
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy, which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under a) above and which don't involve injury, illness or death:
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i. The extent of our liability will, in all cases, be limited as if we were carriers under the appropriate conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these conventions from our offices. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to have been included by reference into this contract.
ii. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii. When making any payment, we are entitled to deduct any money that you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
19. Cruise Packages
We sell the Cruise Package to you as principal, but third party Cruise suppliers provide the Cruise, operate the Cruise Ship and act as carrier. The conditions of carriage of the third party Cruise supplier will also apply when you book a Cruise Package. These are available on request.
21. Governing Law
Our Booking Terms & Conditions (and any disputes arising from them) are governed by English law. You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales regarding any such dispute.
22. Changes To Booking Terms & Conditions
The Booking Terms & Conditions which apply to your holiday are those which are featured on our website at the time of booking, and any other terms notified to you in writing before departure. We reserve the right to update these Booking Terms & Conditions from time to time. Any such updates shall take effect immediately upon posting on our website.