TERMS & CONDITIONS
Company Name: Select Latin America Ltd
ATOL Number: 3760
A binding contract is only entered into when Select Latin America Ltd has issued a confirmation invoice. This takes place after we have received a completed and signed booking form with payment of the deposit.
If you have booked your flights with us we will inform you of any international flight details, intended airline operator and destination airport. We are not in a position to give aircraft types.
An initial deposit of £500 per person or 10% (whichever is greater) is required together with the booking form. If booking less than 8 weeks prior to departure the full amount is payable. Any balance is due 70 days (Antarctica bookings 110 days) prior to departure. All insurance premiums must be paid in full with the deposit. If the balance is not paid in time we reserve the right to cancel your holiday and apply the cancellation charges as set out below. Cheques should be made payable to Select Latin America Ltd. We also accept major credit and debit cards although we will impose a 2.5% surcharge for any payments by credit card. For group departures and boat charters a second deposit may be required 16 weeks prior to departure of £800 per person. In respect of individual and customised travel additional deposits may be required at the time changes or arrangements are made to the itinerary. All monies paid by you to a travel agent are at all times held by the travel agent on behalf of Select Latin America Ltd.
4. Cancellations by you
4.1 You may cancel your holiday at any time, provided that the cancellation is confirmed in writing by the person signing the booking form. The following scale will apply to cover administration charges and pre-payments undertaken by us:
4.1 Period before departure
More than 70 days - Loss of deposit
69-39 days - 50% of the holiday cost
Less than 39 days - 100% of the holiday cost
4.2 If airline tickets have been issued no refund on that part may be possible. Insurance premiums may not be refunded.
4.3 If you change your booking by transferring it to another person we will arrange for such a transfer provided that:
4.3.1 The reason you wish to transfer your booking is: personal illness or serious illness of a close member of your family, jury service, redundancy or unavoidable work commitments;
4.3.2 You, or the transferee, pays
any balance due before the transfer is authorised by us, and the transfer meets all the conditions of the holiday you booked;
4.3.3 Your request for a transfer is sent to us in writing 28 days before departure together with full details of the transferee, documentary proof of the circumstances referred to in 4.3.1 above and payment of a fee of £25 per booking to cover our administration costs;
4.3.4 the transfer is subject to the payment of any additional charges for the airlines to amend the relevant tickets.
5. Cancellations by Select Latin America Ltd
For group tours, if the required minimum number of 8 holiday makers is required (unless otherwise stated) and if the minimum requirement is not reached we will, subject to 30 days warning, either cancel the departure, offer a full refund, or apply a supplement subject to passenger approval.
6. Alterations by you
We will do our best to make any alterations you may require after confirmation has been issued, subject to the payment of any increased cost relevant to the change.
7. Alterations by Select Latin America Ltd
7.1 Occasionally we have to make changes (including changes of price) for reasons of flight cancellations, lack of boat availability due to local operational conditions arising from the limited number of cruise boats operating from the Galapagos archipelago, schedule changes, or ‘force majeure’. This legal term means unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers can avoid. Examples are war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions.
7.2 If the alteration is significant (see 7.3 below) then we will notify you as soon as possible and offer you the choice of: accepting the modification; changing the booking to an alternative holiday; cancelling and receiving a full refund. If the alternative is cheaper we will refund the difference, and if it is more expensive you will pay the difference to us. If there is a significant change within 8 weeks of departure for any reason other than those mentioned in paragraph 7.1 and you decide to cancel and receive a full refund then we will also pay you reasonable compensation .
7.3 Significant alterations are change of flight time by more than 12 hours, changes in transportation cost, change of international airport (unless between airports that serve the same city), change of destination or a change to a lower standard of accommodation.
7.4 Your booking is accepted on the understanding that you realise that the tourism infrastructure in relation to both travel and accommodation may be substantially lower than you would expect in Europe or North America. As a consequence we do our best to make sure connections and transfers go smoothly but this may not always be possible due to flight cancellation, local political situations, weather, mechanical breakdown, or other unforeseen circumstances. No refunds will be given for services not utilised.
8. Exchange rates:
Sterling prices in this document are based on the US Dollar / Pound Sterling exchange rate notified to you at the time of booking.
If payment is made in full on booking, no surcharges will apply, otherwise surcharges may be applied in the event of: a variation of the exchange rate specified in paragraph 8, governmental action, airport charges, and aircraft fuel costs. We will absorb amounts up to 2% of the holiday price excluding insurance premiums. Only amounts in excess of 2% will be passed on, and if this means paying more than an increase of 10% of the holiday price you will be entitled to cancel your booking claim a full refund of all money paid, (except insurance premiums, visa and vaccination costs (if cancellation is made within 7 days of the notification.
Should you or one of the persons included in your booking suffer death, personal injury or illness arising out of an activity forming part of your holiday arrangements we will accept responsibility unless there has been no fault on our part or our suppliers and the cause was your own or the relevant persons fault, or one which neither we nor our suppliers could have anticipated or avoided even with the exercise or all due care. However, where death or personal injury is suffered in the course of air, rail or sea travel and hotel accommodation we limit our liability to compensate you in accordance with the provisions of, respectively, the Warsaw Convention as amended by the Montreal Convention, the 1961 Berne Convention, the1974 Athens Convention and the 1962 Paris Convention. Where the cause of death or personal injury is the act or omission of our agents, suppliers or sub-contractors our acceptance of liability is subject to you assigning to us your rights against them and to your co-operation with us in any legal action we may wish to take against them. The maximum liability for any damages other than for personal injury or illness will be limited to the price paid for the holiday.
It is an essential condition of your booking a holiday that you take out adequate holiday insurance to our reasonable satisfaction and in accordance with our recommended levels of cover. We will ask you to let us have evidence of the insurance prior to the commencement of the holiday and your holiday is subject to adequate insurance cover being in place before then. If you wish we can recommend policies for travel insurance.
If you have any complaint you should make it known at the earliest opportunity to our local representatives. If they are unable to resolve the problem to your satisfaction you should contact our head office as soon as possible. If at the end of your holiday you feel that your complaint has not been properly dealt with you must first notify us in writing within 20 days of your schedule date of return and we will do our best to resolve the problem.
13. Bonding and Financial Protection
Select Latin America Ltd holds an Air Travel Organiser's Licence (ATOL 3760) granted by the Civil Aviation Authority. The Authority checks our finances and requires us to arrange a bond which ensures that you will be repatriated and/or refunded in the unlikely event of our insolvency for air holidays.
The accommodation that we provide on our holidays may not be subject to any local hotel regulations or classification.
15. Health and Emergencies
Because our tours may involve travelling in remote areas or at high altitudes far from medical facilities, it is important that you inform us of your medical condition and that each member of your party to enable us to give guidance on the advisability of taking any particular tour. Your tour leader has the right to ask any person to withdraw from the tour if it is considered necessary for the well being or safety of that person or the other members of that group. The individual concerned will be responsible for any additional costs incurred. Scuba diving in the Galapagos should only be undertaken by experienced and fit divers as the waters are cold and subject to very strong currents. At the time of printing these conditions, divers are warned that there is no recompression facility on the Archipelago.
16. Choice of Law
All matters arising from your contract with us are governed by English Law and are subject to the exclusive jurisdiction of the English Courts.
17. Your financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.