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 Holiday Information 
 Trading Charter 

OUR TRADING CHARTER WITH YOU

Ellen Smith Tours Ltd. Registered Office: Stanley House, Broadgate, Oldham Broadway Business Park, Chadderton, Oldham, OL9 9XA

DOES THIS TRADING CHARTER APPLY TO MY BOOKING?

Yes, if you are booking a "package" to which the Package Travel, Package Holidays and Package Tours Regulations 1992 apply and which does not comprise a flight, but not otherwise. In brief, those Regulations apply to a booking of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-

  • transport
  • accommodation
  • other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.

WHY SHOULD I READ THIS PAGE?

Because it is very important. Our Trading Charter forms a key part of our agreement with you because it not only comprises the booking terms and conditions for the booking of your package, but also the Consumer Guarantee (described below) from The Bonded Coach Holidays Group ("BCH Group"), part of the Confederation of Passenger Transport UK, providing protection for the money you pay to us for the booking should we go out of business. Both the booking terms and conditions and the Consumer Guarantee, together with the confirmation of booking we give you at the time we commit to your booking for you, together make up the legally binding contract between you as the lead name making the booking, anyone else in your party and us.

When you make this booking as the lead name you undertake that you are 18 and have the authority to accept, and do accept, on behalf of your party the terms of this Trading Charter. The contract is made subject to the terms of this Trading Charter, which are governed by English Law, and the non-exclusive jurisdiction of the English Courts. However, if you are resident in Scotland or Northern Ireland, you are able to choose the law and courts in your country, but if you wish to do so we would ask you to request this before placing your booking.

This Trading Charter and the Consumer Guarantee will not apply to any booking involving any type of flight. Instead, if you are booking a holiday which includes a flight, you will be supplied with the full booking conditions of the ATOL holder arranging your holiday with whom you have a contract. Your booking agent will have a copy or alternatively you can request one prior to booking your holiday from Destination Specialists, PO Box 791, 1st Floor, 12 Halkett Place, St. Helier, Jersey, JE4 0SP.

HOW AND WHEN DO I MAKE THIS CONTRACT WITH YOU?

We welcome you making contact with us in a number of ways. You can write to us, phone us, use a travel or booking agent, email or visit our website at www.ellensmith.co.uk. Whichever way you contact us the contract is made when your booking is entered on to our reservation system and we issue a confirmation of booking. We will send you or your booking agent the confirmation of your booking usually within seven working days. Please check this confirmation very carefully to ensure all the information is correct and tell us, or your agent, immediately of any errors.

HOW IS MY MONEY FOR THE PACKAGE I BOOK PROTECTED?

Your money is protected by the Consumer Guarantee described below and provided to you by the BCH Group.

This is possible because we subscribe to the Code of Conduct of the BCH Group, which requires us to take out a bond from a financial entity in favour of the BCH Group for it to use to provide protection for your package money in the unlikely event that, for financial reasons, we can't carry out our booking obligations to you.

BCHG CONSUMER GUARANTEE

The Bonded Coach Holiday Group guarantees to you that in the event of our failure through insolvency to provide your package as booked, BCH Group will:

  1. Wherever possible, arrange for your package to be completed;
  2. Where failure occurs after your package has begun, arrange for you and those in your party covered by the booking to be returned by an appropriate means of transport to their UK area of departure.
  3. If the package cannot be completed as booked, to reimburse your booking payments received by us, provided that BCH Group will first take in to account and withhold an appropriate amount if any part of the service has already been provided (including any substituted service) or you are entitled to a refund from your credit card provider.

In the event that you are to be reimbursed under the BCH Group consumer guarantee, you will be asked to assign absolutely to BCH Group any right, claim or cause of action which you may have arising out of or connected with the subject matter and will be asked to assist BCH Group in any claim brought by them connected with the subject matter.

PAYMENTS BY CREDIT CARD

If you made payment for the booking of any services using a credit card it is likely in many circumstances that you have recourse against the credit card company in the event of services not being supplied in whole or in part due to the supplier's financial failure. In those circumstances, you will be advised to check that you have exhausted your remedies against the credit card company.

WHEN DO I NEED TO PAY FOR MY PACKAGE AND HOW MUCH?

We reserve the right to alter the prices of any of the packages that we advertise. At the time of booking you will be told the current price of the package. You can book by paying a deposit for each person named on the booking. You will be told at what point in time you will become committed to a booking, but we are not committed to the booking until such time as we provide you with our Confirmation of Booking. Our commitment is always conditional upon any balance being paid before the dates listed below.

If you book within our balance due period you will need to pay the total package cost at the time of your booking.

If you do not pay the outstanding balance for your package on or before the date when it is due we may cancel your booking and you will be required to pay the cancellation charges detailed below. The date of cancellation will normally be the date on which we receive your written confirmation that you intend to cancel or 15 days after the balance due date, whichever comes first.

DEPOSIT £60 PER PERSON

Your balance is due 8 weeks prior to departure. Where you use an agent, they may require you to pay them earlier than this date and will advise you separately of the balance due date.

Where optional items are purchased as part of the package these are payable on the balance due date except where items, such as theatre tickets, have been specifically purchased for you. In this case the cost will be payable at a separate date notified to you and will not normally be refundable unless we obtain a refund from the supplier we use.

IF I USE AN AGENT WHO DOES MY MONEY BELONG TO?

Your agent will hold your deposit on your behalf until we issue a confirmation of your booking, which confirms there is a contract between us. The agent then holds this money on our behalf. The agent holds the balance you pay on our behalf until the date the balance is due. The agent will then forward to us.

CAN YOU CHANGE THE PRICE OF MY PACKAGE AFTER YOU HAVE ISSUED THE BOOKING CONFIRMATION?

Yes we can, but only in very limited circumstances and not within 30 days of your departure. The price of your package can be varied due to changes in:-

  • Transportation costs such as fuel and/or fuel tax, ferry operator fares and tolls, embarkation or disembarkation fees at terminals.
  • Exchange rates applied to the particular holiday booked; or
  • Dues and taxes including changes in VAT or any other Government imposed charges.

In the case of any variation described above, an amount equivalent to 2% of the price of your package, which excludes insurance premiums and any amendment charges, will be absorbed. An administration fee of £1.00 per person will be paid by you. If this means that you would have to pay an increase of more than 10% of the price of your package before increase, you may cancel it 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 for this reason, you must exercise your right to do so within 14 days from the issue date printed on your revised invoice. Alternatively, you can accept an offer of an alternative comparable package of equivalent or superior quality, if available, or an alternative package of lower quality, if available. You may then transfer payment made in respect of the original package to the alternative package. If the cost of the alternative package is less than the original package, the difference in price will be refunded. We will also pay compensation as set out below. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your package due to contractual and other protection in place.

We calculate the price of your package using the exchange rates quoted in the Financial Times Guide to World Currencies on 10th September 2014 using the following currencies:-

EuroZone £1= €1.243

CAN I CHANGE MY PACKAGE ARRANGEMENTS?

After we have issued our booking confirmation we will do our best to accommodate any changes you may want to make but we cannot guarantee to do so. Any changes must be notified to us in writing and signed by the lead name to whom the booking confirmation has been sent. If we are able to make the changes an amendment fee of £25.00 will be payable plus the cost that we incur in making the amendment. The costs of making a change increases the closer to the departure date you want to make it. Some arrangements, like particular types of tickets, cannot be changed without paying a cancellation charge of up to 100% of the cost of the ticket. CAN I TRANSFER MY BOOKING TO SOMEONE ELSE? You can transfer your booking to someone else provided you give us reasonable notice. This person must be able to satisfy all the conditions for the package and a change cannot normally be made later than seven days prior to departure. We will make an administration charge of £10.00 per booking for every transfer we make plus any reasonable additional costs caused by the transfer. You will remain responsible for ensuring that the package is paid for by the balance due date. This is in addition to (and does not affect) the separate liability of the transferee to us. HOW CAN I CANCEL MY PACKAGE? You, or any member of your party, may cancel at any time provided that the cancellation is made by the person in whose name we issued the confirmation of booking and is communicated to us in writing via the office at which you made your original booking. You will have to pay cancellation charges set out in the scale below to cover our estimated loss resulting from the cancellation. If you are insured against cancellation you may be able to recover the charges from your insurers. Your cancellation will take effect from the date when either the travel agent or we receive your written confirmation of your cancellation. You must also return any tickets or vouchers that you have received. A reduction in room occupancy may increase the charges for the remaining passengers by the application of supplements for low occupancy of rooms.

SCALE OF CANCELLATION CHARGES
Period before departure within which written cancellation of package price is received. Amount of cancellation charge as a % of the total package cost
More than 56 days Deposit only
49 - 55 days 30% or Deposit, if greater
22 - 48 days 50%
8 - 21 days 70%
1 - 7 days 90%
Departure Day or later including voluntary termination during the package Total Package Cost