Booking Conditions

These Booking Conditions apply to any booking that you make with us and should therefore be read carefully.  They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.

Your contract is with Sunsail Ltd trading as Club Vass, ATOL number 987. The company operating these holidays is hereinafter in these booking conditions called the "Company" or "we". When making your booking you guarantee that you have the authority to do so and accept on behalf of your party the terms of these booking conditions. Club Vass is a wholly owned subsidiary of TUI Travel with registered office The Port House, Port Solent, Portsmouth PO6 4TH.

Disabled people or those with reduced mobility or special needs

People with disabilities or reduced mobility should please contact our Sales Team to discuss the best holiday option to suit your needs. Please advise our Sales Consultants at the time of booking of any medical INFORMATION or special needs that any members of your party may have. Please note should we NOT be advised of special needs at time of booking we may be unable to accommodate your request on arrival.

Special Needs Policy - under 18's

All children are welcome to join in with any organized Kids activities; however we are not always able to offer one to one or specialist care that some children may require. In this situation, activities staff, together with the parents/guardian will decide between them which activities on the programme are most suited for the child to join.

Holiday insurance

You may not travel with us unless you have holiday insurance either through ourselves or by arranging an alternative policy yourself with comparable or greater cover than that offered by our provider. Please contact us for more details.

Flights and transfers

This brochure is issued at the sole responsibility of the company. It is not issued on behalf of the airline and does not commit any airline whose services are used in the course of the holiday.

Air travel where included in the price is on a licensed charter flight or a scheduled carrier recognized by the Civil Aviation Authority (CAA). For 2009, our charter flights will be from London Gatwick unless otherwise stated with Thomson Airways. Your holiday price includes your transfers to and from the airport to your chosen destination. Details of your flight numbers, carrier and timings will be provisionally confirmed to you when you make your booking. In the event of any major changes we will advise you as soon as we have details. Final details will also be shown on your flight tickets.

If you require UK Domestic connecting flights to meet our [charter or scheduled] flights, we can arrange flexible flight tickets for you. Please call for availability and prices at time of booking.

Minimum age

Most airlines do not accept Unaccompanied Minors. At the age of 16, children are classed by the airline as adults and can travel unaccompanied.

Passports and visas

You should check details of passport and visa requirements for your chosen destination with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your date of travel. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling.

Clients travelling overland to certain destinations may need to also pass through controls of other countries enroute so this should be allowed for with any passport/visa applications. When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. Each person wishing to visit the US must have either
i) an e-passport (if your passport is issued after 26 October 2006), or a machine readable passport containing a digital photograph (if your passport is issued after the 26 October 2005) and a Visa Waiver Form
ii) a valid passport and a valid visa which must be obtained before travel from the US authorities.
Children and minors wanting to travel with a Visa Waiver form must hold their own Machine Readable Passport or e-passport.
Please note that the nationals of some countries can only travel to the US if they have a valid visa as they are not eligible for the Visa Waiver Programme.
It is your responsibility to check with your doctor at least two months prior to travel for the latest health requirements, recommendations for your destination and any costs.

Your Security

When you book your holiday, it is essential to know that your holiday payments are secure.

The air holidays and flights in this brochure are ATOL Protected by the Civil Aviation Authority. When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us, or via our authorised agent through which you booked. This will confirm your arrangements and your protection under our Air Travel Organisers Licences. In the unlikely event of insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking.

For further information, ask your holiday advisor or visit the ATOL website at www.atol.org.uk. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in all advertised prices.

ATOL protection does not apply to all holidays and travel services shown in this brochure. Please ask us to confirm what protection may apply to your booking.

For package holidays which do not include travel by air we have arranged a bond with the Federation of Tour Operators (FTO. This means in the unlikely event of our insolvency before or during your holiday you will be repatriated if already abroad, or if your holiday has not yet started, the money which you have paid to us will be returned in full.

If you book arrangements other than a package holiday (as defined in the Package Travel, Package Holiday and Package Tours Regulations 1992) from this brochure, the financial protections referred to above does NOT apply.

TERMS & CONDITIONS

1. YOUR CONTRACT

Our contract with you is made when we send you a confirmation invoice. You should check the details of your confirmation carefully to ensure that it accurately reflects the accommodation, flights and additional pre-bookable services you have requested and immediately inform us of any discrepancies.

If the departure date of the holiday is less than 14 days from the date of issue of the Booking Confirmation this should be done within 24 hrs of that date. Otherwise we would expect a response and the Booking Confirmation Summary returned within 7 working days.

You should also, where requested send us any outstanding information that we may require. This information will form part of the contract between us.
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland, this contract will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this contract will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
By accepting this Contract you, the lead name, must be aged over 18 years and confirm that you and/or members of your party are fully able to participate in the holiday booked.

2. YOUR HOLIDAY PRICE

The prices in this brochure are in pounds sterling. Prices are accurate at the date of publication, but could have since changed. Prices in this brochure supersede all other prices in other material printed at an earlier stage. Once you have made your booking and paid a deposit of £150 per person is required. The cost of your holiday will not normally be subject to any change. This does not apply to invoice errors or omissions. Once a booking has been made, offers and discounts cannot be applied retrospectively. The balance of the price of your holiday must be paid at least 10 weeks before your departure date. Should you wish to pay by credit card a 2% surcharge applies.

If the balance is not paid in time, we may cancel your travel arrangements and retain your deposit. If you book through a travel agent, all contact will be via them. The price of your holiday may be subject to surcharges on the following items: (i) credit card surcharges. (ii) transportation costs, including the costs of fuel, or (iii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations than this, 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. 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 because of this, you must exercise your right to do so within 14 days from the date of issue printed on the invoice advising you of the surcharge. No surcharge will be imposed within 30 days of your departure. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph "If we change or cancel your holiday", to accept an offer of alternative travel arrangements from us if we are able to do so. Travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. We have included in our prices a charge representing the extra aircraft insurance and security costs which have been imposed on airlines and tour operators. You should be aware that this charge may change between the date of publication and the time of travel. Since these costs are beyond our control, we reserve the right to increase the amount of this charge at any time. We will of course inform you of any such change should that become necessary. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.

The UK government have announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports with a new Emissions Tax, known as Aviation Duty, with effect from 1st November 2009. At this time we are not aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.

3. IF YOU CHANGE YOUR BOOKING

If, after our confirmation summary has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible.

If you or any member of your party is unable to proceed with the holiday, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and your request is received by us at least 14 days prior to departure. Any request for changes to be made must be in writing signed by the Lead Name or your travel agent. If your change request is submitted more then 10 weeks before departure, you will be asked to pay an amendment fee of £35 per person and any further costs we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Please note that some airlines treat changes as cancellations and you will responsible for any aadditional costs in respect of airline tickets.

Should you request an amendment within 10 weeks of departure date then this will be treated as a cancellation and re-booking and will be subject to the charges as stated below in paragraph "If you cancel your holiday". The price of your holiday may increase or decrease to reflect the changes requested by you

4. IF YOU CANCEL YOUR HOLIDAY

You may cancel your travel arrangements at any time. Written notification from the Lead Name or your travel agent on your behalf must be received by the Aftersales Department and it will be effective on the date which it is received

Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.

Cancellations & booking amendments accrue the following charges:

Please note that certain costs may be refunded should you cancel your holiday (i.e. air passenger duty tax) before cancellation is applied.

PART PARTY CANCELLATIONS
If people drop out of your party, we will recalculate the cost of the holiday for the remaining travelers. The remaining two or more members of your party are re- invoiced at the per person rate appropriate to their new party size and the cancelling members are charged the appropriate cancellation fee according to our scale of charges above.

5. IF WE CHANGE OR CANCEL YOUR HOLIDAY

The arrangements for holidays in this brochure are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary.

Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. Occasionally we may need to make a major change which includes, but is not limited to the following:

(a) a change of your UK departure airport
(b) a significant change of destination
(c) a change of accommodation/boat to a significantly lower standard
(d) an alteration to your scheduled time of departure or return by more than 12 hours; and
(e) a change from a day to a night flight where the departure time changes by more than 4 hours

If we are unable to provide the booked travel arrangements and have had to cancel them before the holiday is due to start, you can either:

(a) Accept our offer of a replacement holiday of equivalent or higher value (subject to availability)
(b) Accept our offer of a replacement holiday of lower value (subject to availability) and we will refund the difference in cost
(c) Accept a full refund of the money you have paid

If you accept a Major Change, or if we have to cancel your holiday then in addition to any refund, we will pay you as a minimum compensation in accordance with the amounts noted below. For children in respect of whom reduced rates have been charged, credit/compensation will be paid on a pro-rata basis of the adult rate. Children under 2 are not entitled to any compensation. No compensation will be paid where the change or cancellation is due to Force Majeure, or because the number of persons who have booked is less than that required for the package. In all other cases we will pay compensation as detailed below:

Force Majeure means unforeseeable and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions. Carriers such as airlines used in this brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include: alteration of your outbound/inbound flights by less than 12 hours, changes to aircraft type, change of accommodation type or room number.

If after you have travelled we have to make changes to your holiday and such changes prove to be significant, we will make suitable alternative arrangements and compensate you if appropriate. If it is impossible to make suitable alternative arrangements or these are not accepted by you for good reason we will return you to your point of departure and if appropriate compensate you.

6. HOLIDAY TERMINATION AND INDEMNITY

You must accept responsibility for the proper conduct of yourself and any members of your party. We cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the reasonable instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.

7. IF YOU HAVE A COMPLAINT

If you have a problem during your holiday, please inform a relevant Club Vass member of staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 35 days of your return home by writing to our Customer Relations Department, The Port House, Port Solent, Portsmouth, PO6 4TH, giving your booking reference. It is strongly suggested that you communicate any problem to our Club, base or staff without delay and complete a report whilst in the resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this will reduce your rights to compensation.

It is unlikely you will have a compliant that can not be settled amiably between us. But disputes within this contract which cannot be settled may be referred to ABTA's special arbitration scheme. This scheme does not apply to claims for any amount greater than £5,000 per person or £25,000 per booking. Where a claim includes, in part, a claim for personal injury or illness, a limit of £1,000 per person applies to that part of the claim. To proceed to arbitration you must send written notice to ABTA within 9 months of your scheduled return. Full details are available from the Association of British Travel Agents, at 68 -71 Newman Street London, W1T3AH. www.abta.com.

8. OUR LIABILITY TO YOU

Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non performance or improper performance of the services involved in the holiday, and is subject to the following limitation of liability. Where any claim for damages is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by air, sea or rail any compensation payable will be limited. The maximum amount of compensation 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 under the International Convention or Regulation which applies to the travel arrangements in question (which includes, without limitation, the Warsaw Convention as amended, the Montreal Convention 1999 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), Geneva Convention 1973 (road), the London Convention (applies to the use or operation of pleasure craft) or any such statute or regulation as may from time to time amend or supersede any of the above. You acknowledge that all of these terms and conditions form part of your contract with us and that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Copies of the conditions of carriage and any conventions which may apply are available on request. Any independent arrangements that you make which are not part of the holiday are entirely at your own risk.

We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, agents, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment. We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:

(a) such failure is attributable to you or a member of your party
(b) such failure is attributable to a third party unconnected with the provision of the services to be provided
to you and is unforeseeable or unavoidable
(c) such failure is due to Force Majeure (see the Definitions section in paragraph 5.)
(d) or an event which could not be foreseen or prevented even with all due care.

9. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we may at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.

If your claim is successful then you must repay the amount of any financial assistance we have given you as soon as you recover it.

10. EQUIPMENT AND YACHT INSURANCE COVER

Our equipment is comprehensively insured. Our policy provides full cover for the equipment and no less than £3m third party cover. We cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect information of previous sailing experience when requested.

11. SAFETY

As with all activity based holidays, watersports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. In the interests of safety however, it maybe necessary for our staff to restrict activities available subject to prevailing conditions. In this situation our staffs decision is final..

12. WHAT IF MY ROOM IS NOT AVAILABLE?

Should your room not be available when you arrive we may substitute another room if necessary for a different type and in a different hotel or area.

13. CONDITIONS OF CARRIAGE

The contractual terms of the companies that provide the transportation for your travel arrangements will apply to the
contract. These may contain terms that affect your rights to compensation.

You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines' conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables.. In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (1) in the case of apparent damage, before you disembark from the ship or the baggage is redelivered to you; or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. The Athens Convention, and the carriers' conditions of carriage, may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables. A copy of the conditions of carriage applicable to your holiday, can be supplied on request.

Air carrier liability for passengers and their baggage regulation (EC) no.889/2002 Notice (Sterling) : This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this. Compensation in the case of death of injury There are no financial limits to the liability for passenger injury or death. For damages up to 100000 SDRs (approximately £80,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000). Passenger delays In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300). Baggage delays In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800). Destruction, loss or damage to baggage The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. Higher limits for baggage A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. Time limit for action Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
EU Airline Blacklist In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu/

15. PHOTOGRAPHY

An essential part of the success of our brochures is using photography that gives clients a true idea of the product, and during the course of the season we occasionally have photographers at our Clubs, in which case you will be advised on your arrival.

If you have any concerns, please notify an available Manager.. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.

16. BROCHURE ACCURACY

The brochure is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of going to press (August 2008) but it has to be remembered that facilities may be withdrawn from our Clubs and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability. Our Sales Consultants are instructed to advise enquirers of amendments which the company regard as significant. We shall be entitled to make any modifications it feels appropriate to the equipment provided at any time, without prior notice.

Our Sales Consultants are often asked for information not contained in the brochure. However, whilst every effort is made to ensure that all information given is correct, we cannot however be held responsible if this should prove inaccurate, unless requested and answered in writing.

17. DATA PROTECTION

To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. we will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration.

If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this.

We may wish to contact you to get your feedback or to provide details of other products and offers from us. If you would prefer not to be contacted, please write to The Marketing Service Team The Port House, Port Solent, Portsmouth PO6 4TH.

Club Vass Active Holidays, Club Vass Holidays, Club Vassiliki Holidays,
Club Margarita Holidays & Club Dahab Holidays are all trading names of
Sunsail Ltd
Air Travel Organiser's Licence No. 987 Company Registration No. 2830117
Registered Office:Sunsail Ltd, Port House, Port Solent, Portsmouth PO6 4TH
Tel 02392 222222