These Booking Conditions and the information detailed in our General Information will form the basis of your agreement and contract with Funway Holidays International Inc. They apply only to holiday arrangements which are confirmed with Funway in the UK. Funway Holidays International Inc. provides inclusive packages and these are sold subject to the following conditions as per the Tour Operators Code of Conduct of the Association of British Travel Agents (ABTA). In these booking conditions, “Package” means a package as defined in the Package Travel Regulations 1992.
Your Financial Protection
The Package Travel Regulations 1992 require us to provide security for the monies you pay for the package holidays booked from this website and for your repatriation in the event of our insolvency. When you buy an Air Travel Organisers’ Licensing (ATOL) protected air holiday package or flights from Funway Holidays International you will receive a Confirmation Invoice from us confirming your arrangements and our protection under our Air Travel Organiser’s Licence Number 2853. This means that in respect of all arrangements including flights, in the unlikely event of our insolvency, the Civil Aviation Authority (CAA) will ensure that you are not left stranded abroad or will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices and shown separately on our invoices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. We are also a member of the Association of British Travel Agents (ABTA Number V000X), therefore, if your holiday does not include flights, ABTA will financially protect your holiday in a similar way. Please ask us to confirm what protection may apply to your booking.
Holiday Contract
When a booking is made, the “lead name” on the booking guarantees that he or she has the authority and does accept on behalf of the party, the terms of these booking conditions. A contract will exist as soon as the confirmation invoice is issued. It is important to check the details on the invoice are exactly as requested. In the event of any discrepancy, please contact us immediately. English Law will apply to our agreement or to any dispute/claim arising. Any such dispute or claim must be dealt with by the Courts of England & Wales.
Bookings/Payments
To confirm a booking and avoid automatic cancellation, the required deposit/payment is required at the time of booking. Payment may be processed by you by credit card/debit card on the website according to the information and instructions provided therein. Final payment is due 56 days prior to day of departure. If a booking is made 57 or more days prior to departure a £150 per person deposit is required. The deposit amount will depend on the type of service being booked and will be advised at the time of booking. Some airlines or fare types require tickets to be issued at the time of booking, in which case the deposit will be at least the full cost of the ticket which is non-refundable. Some hoteliers require full payment of accommodation costs and it may not be possible to amend or cancel these arrangements after they have been confirmed. In some cases it may not be possible to offer refunds for air tickets or accommodation costs which could incur a cancellation charge of up to 100% of that part of the arrangements. For reservations made within 56 days prior to day of departure, full payment is due at time of booking.
In default of payment by due date we reserve the right to cancel the reservation and apply cancellation charges. The total package price will be determined only after all specific items are selected and will be communicated to you prior to completion of the reservation. Selected items will be detailed on your confirmation invoice. Funway reserves the right to re-invoice your reservation should any error or omission be made in computing the total cost of all components/travel arrangements required. All prices and descriptions shown are subject to change without notice. All known airport taxes, security charges, air passenger duty and energy fees/taxes are included in all package holidays and fly-drive prices. However, in the current climate it is possible that certain additional surcharges such as Resort Fees which are payable locally may be introduced by individual suppliers according to local circumstances. In such instances we will do our best to notify you at the time of booking or if introduced after your booking is confirmed we will contact you and ask whether you wish to continue with the booking or cancel without penalty.
Credit Card Payment
We accept payment by credit card, however credit card charges do apply. Payments via debit card do not incur charges. We cannot accept a credit card payment provided by a 3rd party who is not a named passenger on the booking. If multiple parties are travelling on one reservation, and the payment is being split between those parties the name and billing address for each card holder is required. If a non-traveller is paying for the holiday (e.g. as a wedding or honeymoon gift) we cannot process payment via credit card and in such instances another form of payment will be required.
Travel Documents
Confirmation invoice and “E” Travel documents will be sent electronically using the email address supplied at the time of booking. If you do not receive your E- documents, please call our Call Centre at 0844 55 70 770. Documents will not be issued until full payment has been received. In the event that we are asked to reissue travel documents and we agree to do so, an administration charge of £25.00 per person will be payable by you.
Travel Advice
For government advice on your destination, see www.fco.gov.uk/knowbeforeyougo or www.abta.com. These are independent websites and Funway does not take responsibility for the content displayed within these websites.
Travel Insurance
Please note that prices do not include travel cancellation insurance or trip interruption insurance. All travellers should ensure that they purchase travel insurance to protect themselves to cover the risk of cancellation in certain circumstances, including repatriation and assistance in the event of accident or illness during their holiday.
Health & Innoculations
At this time UK residents do not require any vaccinations for travel to the USA. When travelling in the Far East, Middle East, Caribbean and Mexico inoculations will generally be recommended, dependent on the destination. For the latest information please check with your GP, consult the NHS “Advice on Health for Travellers” or visit www.doh.gov.uk. Do remember that many regions can be regarded as “Third World”. Due to the climate in these destinations, insects can be prevalent.
Physically Challenged Customers
Funway welcomes all customers and we endeavour to meet all individual needs. In order to assist you, we must be advised at time of booking of any disability and special requirements and will forward an ABTA disability checklist for you to complete and return to us. Special facilities can be requested but may not be guaranteed.
Special Requests
If you have a special request for a facility or service e.g. adjoining rooms or low floor, we shall pass these on to the relevant supplier but we cannot guarantee that it will be met and we shall have no liability to you if it is not. We cannot accept any booking which is conditional upon special requests being met.
Reward Programmes
You are welcome to add details of any applicable loyalty reward programmes or frequent flier schemes which you belong to, however, we are unable to guarantee those points or that rewards will be credited to your account, and will not accept liability for any discrepancies.
Seat Requests
We are unable to guarantee any seat requests for specific seating arrangements and neither can it be guaranteed that all members of the party will be seated together. If you have a specific requirement we strongly recommend you contact the airline direct. All transatlantic flights are non-smoking. We cannot accept any booking that is conditional upon special requests being met.
Special Meal Requests
The majority of airlines require at least 48-hours notice for any special meal requests, including children’s and vegetarian meals for those over two years of age. We strongly recommend that you contact the airline direct, however, such requests cannot be guaranteed.
In-flight Catering
Complimentary in-flight catering and non-alcoholic beverages are usually provided on transatlantic flights only. The knife and fork symbol on the airline documents is purely an indication that food will be available, it does not signify that a complimentary meal service will be offered.
Check-in
The recommended check-in time for all transatlantic flights is 3 hours prior to departure.
Luggage Allowance & Additional Baggage Charges
The luggage allowance on intercontinental services varies from airline to airline and cabin class with regards to weight and size. In addition, the vast majority of airlines now permit only one piece of checked baggage free of charge and extra baggage will be accepted on payment of the appropriate charge to the Airline either before or at the time of travel. Some Airlines will charge for all luggage on domestic flights booked as a published fare and also on some US Domestic flights. Please refer to the Airlines website regarding the applicable domestic baggage charges, as fees are payable at the time of check-in. Please ensure that you carefully check the airline website before travel for all current luggage fees, allowances and restrictions, as they are subject to change.
Infants
Infants under the age of 2 years on the date of outbound travel pay approximately £130.00 (on Economy flights) as long as they sit on an adult’s lap. Please note infants DO NOT have a separate baggage allowance. Any charge for the cot in the hotel room and for food has to be paid by the guest directly to the hotel. Cots cannot be guaranteed.
Currency
It is usually easy to exchange Sterling notes and most UK cash cards now work in most destinations. Before you travel we suggest you obtain some small denomination bills for immediate expenses on arrival, such as gratuities. We recommend you carry at least one credit card such as American Express, Visa, MasterCard or Diners Club, as you will be asked for an imprint of your card upon arrival at any hotel. Please advise your bank prior to your departure to ensure your choice of credit card will be accepted when you are on holiday.
Public Holidays
We are unable to accept liability for any alterations or withdrawal of facilities due to National or Public Holidays and suggest that you consult the relevant Tourist Board for further information.
The Culture & Local Traditions
The UAE and Oman are a melting pot of cultures and tradition is highly important therefore you will find it stricter when it comes to dress code and social conduct in public. It is advisable for visitors to adopt a modest dress code in public places. Shorts, mini skirts and skimpy clothing in general should be avoided in public places such as shopping malls, restaurants or around the city.
As in all Muslim countries public displays of affection such as kissing are not appropriate at any time. This form of greeting and intimate behaviour in public places is deemed disrespectful and may be subject to legal actions.
Careful consideration should be shown when taking photographs in public areas. Permission should be sought while photographing malls, government and private premises, military camps and also when taking photographs of anybody who is not known to you.
Ramadan
The Muslim holy month of Ramadan (20th July–18th August 2012) will last for approximately 30 days, however, because it is dependent upon the sighting of the moon, this can vary slightly and we advise you to check for specific dates.
During Ramadan, it is forbidden to eat, drink or smoke in public places (which includes hotels) between sunrise and sunset and live entertainment, loud music and dancing is not permitted. Hotels do usually provide a private area where non-Muslims can eat during the day. Although alcohol is available in Dubai hotels after sunset, this is not the case in other emirates, such as Abu Dharbi and Oman. After sunset Ramadan tents spring up serving traditional food and drink while the town centres bustle with life until late at night, as people go out to coffee shops, souks and malls to meet family and friends.
Weather
Some parts of the USA, Mexico, Caribbean and the Far East can be prone to erratic changes in weather patterns. These parts of the world are occasionally affected by hurricanes, particularly during June–October. Local tours and services may be affected by the weather. We cannot be held responsible for the weather, but will lend appropriate assistance if required. As the average year round temperatures in the UAE and Oman are much higher than you may be used to, we suggest you keep yourself re-hydrated at all times. Please ensure that your intake of fluids is more than the normal, we suggest 2–3 litres of bottled mineral water per person per day. Should your travel arrangements be affected by weather conditions Funway will endeavour to assist and offer practical support, however, such occurrences are treated as “force majeure” and we shall not be liable for any changes to your itinerary or arrangements.
Hotel Accommodation
Hotel prices are generally based on 2 adults sharing a room. Child or 3rd/4th adult prices may be based on the existing bedding in the hotel room. While some double rooms in the hotels have two double beds, this is not always the case and, depending on the size of the hotel rooms, some may only have one double bed or two single beds. Please note most rooms DO NOT provide three single beds. A cot or rollaway bed will usually incur an extra charge. All accommodation is based on “Run of House” or the category stated which may be located in any part of the hotel. In general, rooms are available by 3pm on the day of your arrival and should be vacated by 11am on your departure. In many hotels, the minimum check-in age is 18 years and above (21 years in the USA). Many hotels are keen to encourage a healthy environment and it is becoming increasingly common for properties to adopt an entirely smoke free policy. We are not in a position to supply a list of these establishments and would refer you to the hotels own website for more information.
Accommodation Ratings
Hotel categories and ratings are taken from our own Funway rating system, rather than any official categorisation, so you can see at a glance, the relative standard of each property.
Ideal for the budget conscious with some basic facilities (equivalent to Superior Tourist Class)
A dependable, comfortable hotel with standard rooms, facilities and public areas (equivalent to Moderate First Class)
An above average hotel, tastefully furnished with some exceptional features (equivalent to Superior First Class)
An outstanding hotel which has excellent facilities and offers the highest standards of service (equivalent to Deluxe)
is shown to further define a hotel’s category where necessary
Board Basis
Details of the board basis are included in the hotel description. Apartments and Villas are normally offered on a room only basis.
All Inclusive
Hotels often place restrictions on restaurants and meal arrangements. All inclusive does not necessarily mean that unlimited food and beverages are available 24 hours a day. Not all bars and restaurants operate on an All Inclusive basis. Cash bars may operate once All Inclusive bars close. Individual hotels operate different policies and full details will be provided locally. You may have to wear a wristband or carry ID to qualify for the full range of benefits. If you wristband/ID is lost, the hotel may charge for a replacement.
Honeymoon and Anniversary Offers
Honeymoon and Anniversary offers which appear within the hotel description are provided on a goodwill basis by the hotelier and may be changed or withdrawn, some offers are also subject to local availability. If you are celebrating a honeymoon or anniversary and meet the conditions of the offer do ensure that this is registered at the time of booking. You will also be expected to provide official verification, therefore, you should travel with your Marriage Certificate.
Cancellations/Refunds/Changes
You must request any changes you require in writing as soon as possible. We cannot guarantee that such requests will be met. Where we can meet requests, an amendment fee of £25 per person, per amendment, will be payable along with any additional costs imposed by any of our suppliers. Changes requested within 56 days of departure, will be treated as a cancellation and rebooking, and the cancellation charges below apply. Exceptions: Certain arrangements may not be amended or cancelled after they have been confirmed regardless of the notice period given to us. In some cases it may not be possible to offer any refunds for air tickets, hotel accommodation, tours, excursions or attraction tickets which could incur a cancellation charge of up to 100% of that part of the arrangements.
Your notice of cancellation will take effect when it is received by Funway Holidays, in writing, from your party leader. As we incur costs from the time we confirm your booking, we reserve the right to pass on these charges and the cancellation charges in the scale below will apply to the other elements of your booking (e.g. any extras, such as transfers, optional tours and car rental). The percentage cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which
written notification of cancellation
is received by us
|
Cancellation charge per person cancelling
|
| 57 days and over |
Deposit Only |
| 56–43 days |
30% |
| 42–29 days |
45% |
| 28–15 days |
60% |
| 14–1 days |
90% |
| Day of Departure and after |
100% |
In some cases the booking or part of the booking e.g. flights and/or accommodation will be subject to a 100% cancellation penalty when cancelled at any time after booking.
It is not possible to make refunds after departure from the UK for any services not used or partially unused. In certain cases the price of your holiday is calculated by reference to the number of occupants of a room. If one of these occupants cancels, not only will there be a cancellation charge, but also the remaining members of your party may have to pay an additional sum. Any name changes will be regarded as a cancellation and rebooking. Cancellation charges will apply.
Note: Cancellation charges made by our suppliers may be higher than the cost of the holiday deposit. Therefore we reserve the right to pass these charges on to you. Funway Holidays will advise of all charges before cancellation.
Changes and cancellation by the Company
Funway reserve the right to make changes to, and correct errors, in holiday details both before and after bookings have been confirmed. We also reserve the right to cancel confirmed bookings. However, we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control/“force majeure” as defined below.
Most changes are minor but occasionally, we may have to make a “significant change”. Examples of “significant changes” include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower official classification for the whole or a major part of your holiday, a change of UK departure point to one which is less convenient for you, a change of outward departure time or overall length of your holiday of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period.
If we have to make a significant change or cancel, 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 the following options:
- (for significant changes) accepting the changed arrangements or
- purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or
- cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
If we have to make a significant change or cancel [8 weeks or less before departure], subject to the exceptions below, we will pay you the following compensation:
Period before departure a significant change or
cancellation is notified to you
|
Compensation per person
(excluding infants)
|
| 57 days or over |
nil |
| 56–29 days |
£20 |
| 28–15 days |
£30 |
| 14–0 days |
£40 |
We will not pay you compensation where we make a significant change or cancel more than 8 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. These include unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by the airline or main charterer. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
Very rarely, we may be forced by “force majeure” (see below) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
“Force Majeure”
In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss (as more fully described in clause 3 below) as a result of “force majeure”.
Scheduled and Charter Airlines
Air transportation is by scheduled service of IATA member airlines and certain charter carriers. All details are correct at time of going to press and are liable to change at any time. Our confirmation invoice will detail the airline operator, origin/destination airports and provisional timings of reserved flights. Information on aircraft type, flight routings and timings of designated flights provided at time of booking is subject to change. Changes to the schedule or flight time will be advised on your final airline documents but it is possible that further changes can occur. We strongly recommend the relevant carrier is contacted before departure. We/airlines reserve the right to substitute alternative aircraft and/or airlines at any time. Scheduled and Charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we are informed by the airline or main charterer.
Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
Please be aware that charter flights and some promotional fares and published fares of schedule airlines, require full payment at the time of booking and are non-refundable, this may increase the deposit required to confirm your booking. It is essential that at the time of booking passengers names are an exact match with names as they appear in passports.
Flight Delays and Cancellations
Funway will not accept liability, or pay compensation for (or as a consequence of) long haul/domestic flight delays. The airline will assist by allocating you seats on the next available flight and where appropriate provide overnight accommodation. For travel delay compensation please refer to your travel insurance policy.
Under EU Law, you do have rights in certain circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out above. If the airline does not comply with these rules you should contact the Civil Aviation Authority on 0207 453 6350 www.caa.co.uk.
Passports, Visas/Proof of Citizenship
It is the passengers’ responsibility to be in possession of a valid machine readable passport and/or visa if required. This applies to children and babies. Your passport must be valid for six months beyond the duration of your stay, and visas may be required. Requirements may change and you must check the up to date position in good time before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. The above guidelines apply only to holders of UK Passports.
The majority of British machine-readable passport holders do not normally require a visa to visit the USA providing they will be in the USA no more than 90 days, hold a return ticket, do not have a criminal record and complete the Electronic System for Travel Authorization Scheme, known as ESTA at least 72 hours before travel. Any passengers holding a British passport issued overseas, will be required to prove, upon check-in and arrival, that they have accommodation booked in the USA and have the full address of that, including the zip (postal) code. We provide this information on your accommodation voucher so do ensure you keep this to hand. Please note that any passengers who are denied entry as a result of incomplete documentation will not be eligible for a refund. We strongly recommend that you contract your travel agent or the US Embassy for full details of the conditions of the ESTA and/or entry requirements as exclusions apply. Tel: 09055 444546 (calls are charged at £1.30 per minute) or visit london.usembassy.gov.
Electronic System for Travel Authorisation Scheme
As of 12th January 2009, the US introduced a compulsory online registration under the Electronic System for Travel Authorization scheme, known as ESTA, which contains the same information as the I-94W form previously handed out on board aircraft which a passenger was required to complete and present to US immigration. The ESTA will replace the I-94W and all travellers from Visa Waiver Countries only must apply for Travel Authorisation at least 72 hours in advance of their departure and must also have a machine readable passport. The U.S. Department of Homeland Security DHS operate these additional controls and all travellers will be responsible for supplying and processing this online declaration. The ESTA can be applied for online at https://esta.cbp.dhs.gov. Please note as of 8th September 2010, there will be a $14 fee. ESTA covers multiple entries and is valid for two years. The Travel Authorisation is not a visa and only pre-screens the traveller and allows him or her to travel to the United States and apply for admission. An approved Traveller Authorisation is not a guaranteed entry, but is a prerequisite to travel to the United States by air or sea. A person from a non-visa waiver country should not attempt to apply for a Travel Authorisation and will require a US entry Visa. As of 12th January 2009 failure to obtain an ESTA could result in a passenger being denied boarding by the airline. The alternative is to hold a valid visa. The ESTA is part of the Visa Waiver Programme and does not replace the need for a visa. The Visit USA website www.visitusa.org.uk/Visa-and-ESTA-Information/125 carries some useful background information on the ESTA.
Secure Flight Passenger Data
Secure Flight is being introduced by the United States Transportation Security Administration (TSA) for passengers on all flights travelling in and out of the USA, on or after 1st November 2010. This means that all bookings must have the following Secure Flight Passenger data (SFPD) collected and shown in the passenger’s booking. Passenger full name, date of birth, gender, itinerary. If applicable, Redress Number (Redress Number is a unique number given to a person who has previously been incorrectly identified as a watch list match). The TSA requires passengers to provide mandatory Secure Flight Passenger Data before ticketing. To assist data collection call our Reservations Team on 0844 55 70 626. Secure Flight is intended to address the security and efficiency of airline watch list checking. Compliance with Secure Flight is mandatory for all carriers operating within US airspace. Please be aware that Secure Flight does not replace APIS or ESTA and this information must still be provided. We strongly recommend that this information is captured as early as possible during the booking process to avoid difficulties with flight documentation.
Transit Visa Requirements for passengers travelling to Mexico & the Caribbean via US Gateway Cities
All passengers who are travelling to Mexico or the Caribbean via US Gateway Cities are required to complete both the Electronic System for Travel Authorisation scheme known as ESTA and must also provide Secure Flight Passenger Data information which applies to all carriers operating within US airspace. The ESTA can be applied for online at https://esta.cbp.dhs.gov/esta. (refer to ESTA details above).
Visas Requirements for entry into Oman
British Passport holders visiting Oman do require a visa, which can be purchased on arrival at a cost of approximately £35 (payable in Oman Rial) for stays of up to 30 days. Non-British Passport holders should check with the relevant embassy for documentation requirements.
Seasonal Changes
Some destinations may experience certain times of the year when their resorts have lower occupancy levels. There are also public, National holidays and local festivities when services may be disrupted. Should a feature be considered by you to be crucial to the enjoyment of your holiday it is essential you declare your specific interest/requirement at the time of booking to enable us to verify, and confirm in writing, the availability of such a desired feature. We are unable to provide all details of National or Public holidays or any local festivities which may take place during your stay. Please contact the relevant tourist office for details.
Building and Development Work
Many cities and hotels change and develop constantly. We have no control over building work, but we will do our best to tell you about any specific work going on at your accommodation, if there is time before you go on holiday. We are reliant upon information received from the hotels and the details provided by them. Please do bear in mind, however, that it is extremely difficult to foresee the extent, nature and effect of any such activity at a particular time.
Transfers
Transfers are not included in the price of your holiday, unless otherwise advised. Airport transfers are available at a supplement and are based on a seat in a shuttle bus. Shuttle services do not usually operate between midnight and 07.00 a.m.
Car Rental Requirements—USA
Drivers must be at least 21 years of age and in possession of valid ID, a valid drivers licence (not International Driving Permit) and a major credit card. Drivers 21–24 years of age will be surcharged directly by the car rental company. Unless pre-purchased, car rental does not include CDW/EP insurance, petrol, taxes etc., which are payable directly to car rental company. Each day’s rental is based on a 24-hour period, with additional hours subject to surcharge.
Car Rental Upgrades
Vehicle upgrades arranged locally at Alamo rental stations will be charged at a daily rate, which may be considerably higher than the Funway Holidays upgrade fees offered at the time of booking. Any local fees will be printed on the Alamo Rental Agreement, which you should check carefully before leaving the depot. Funway Holidays will not be liable for any additional costs incurred as a result of your decision to upgrade or purchase optional extras locally.
Data Protection Statement
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to process your booking. In making this booking, you consent to this information being passed on to the relevant persons). Full details of our data protection policy are available upon request.
Complaints and Problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday arrangements whilst away, it is essential to take up the matter locally with our supplier and contact our toll-free USA help desk (see your documentation). Please note we will not reimburse any mobile phone charges to our helpdesk service office, which is accessible by toll free contact. Most problems or complaints can be resolved while you are away, however if you remain dissatisfied, you must write to us within 28 days of your return to the UK giving full details of your complaint. You can submit correspondence via Royal Mail or email us at customerrelations@funway.co.uk. We regret we cannot accept liability for any complaints or claims which do not involve death, personal injury or illness, if you fail to notify the complaint or claim in accordance with this clause.
Arbitration
We are a member of ABTA, membership number V000X. We are obliged to maintain a high standard of service to you as stipulated by ABTAs’ Code of Conduct scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at www.abta.com. ABTA operate an independent arbitration scheme which is administered independently. It provides a simple and inexpensive method of arbitration on documents alone with restricted liability in respect of costs. Full details can be obtained from the ABTA website. The application for arbitration and Statement of Claim must be received by the Administrators within eighteen months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement.
Flights and Other Services
You are reminded that the captain of any aircraft has absolute authority over the aircraft and passengers whilst boarding or in flight. The Captain or other authorized representatives of an airline can refuse to carry anyone if they are deemed unruly, are otherwise unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your holiday contract will terminate immediately. Funway will have no further responsibility or liability to you.
Improper Behaviour
When you book a holiday with Funway you accept responsibility for the proper conduct for yourself and your party whilst on holiday. If your actions or those of a member of your party cause damage to the accommodation in which you’re staying, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify (i.e. compensate or reimburse) Funway against any claim (including legal costs) made against Funway by or on behalf of the owners of such accommodation or the operator of such flights or other means of transportation. Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, or other person of authority, your behaviour is causing danger, damage to property or affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen will not be liable for any refund, compensation or any other costs you may have to pay.
Funway
Liability
- In respect of Packages
Funway, the tour operator promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that they will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of Funway, their employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Funway will be responsible for what their employees, agents and suppliers do or not do if they were at the time acting within the course of their employment or carrying out work they had been asked to do.
- In respect of other arrangements
Funway promise to use reasonable skill and care in the performance of their contractual obligations, subject to and in accordance with these Booking Conditions. Their contractual obligations consist of using reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, as well as using our reasonable skill and care in choosing our suppliers.
- In respect of Packages and other arrangements
Funway will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: - the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or “force majeure” as defined above.
- Except as specifically set out in these conditions, Funway will not accept any further or different liability than the Package Travel, Package Tours and Package Holidays Regulations impose. In addition, regardless of any contrary representations made by us, we only promise to use reasonable skill and care as set out above and we do not have any further or different liability to you. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
- Funway limit the maximum amount they may have to pay you for any claims you may make against them. The maximum amount Funway will have to pay you where they are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £75 per person affected unless a lower limitation applies to your claim under this clause or clause. For all other claims which do not involve death or personal injury, the maximum amount they will have to pay you if they are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
- Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most they will have to pay you for that claim or that part of a claim if they are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question. When making any payment, Funway are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. In any circumstances in which the 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; any sums you receive from the carrier will be deducted from any amount due from ourselves.
- Funway 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 or website.
- The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
- You must tell us and the supplier concerned about your claim or complaint as set out in “Complaints and Problems” above.
- Funway do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
Prices
In respect of Packages, changes in fees (including transportation costs, fuel costs, taxes, fees such as landing taxes or embarkation/disembarkation fees at airports and exchange rates) and services mean that the price of your travel arrangements may change after you have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of departure. In relation to package holidays, we will absorb and you will not be charged for any increase equivalent up to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements (excluding insurance premiums and amendments charges), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred. 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 for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. However, please note that 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. The price of your travel arrangements was calculated using the rate of exchange applicable to the purchase of foreign currency which is used to pay for these supplies. For arrangements which are not Packages, we reserve the right to pass on any cost increases to you in full.
Website Prices
All prices quoted are calculated on rates of exchange as known in January 2012. Prices can go up or down. Before you make a booking you will be given the up to date price of your chosen holiday, including cost of any supplements, fuel surcharges, upgrades or additional facilities which you have requested.