Holidays
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What are my Rights ? The Terms will be set out in the Tour Operators' brochures. The Tour Operator is also liable for the services provided to you by hotels and airlines if it is part of the Tour Operator's package. The Association of British Travel Agents (ABTA) has issued two Codes of Conduct to protect holidaymakers, namely, the Tour Operators' Code and the Travel Agents' Code. The Tour Operators' Code provides that Tour Operators must include information in their brochures regarding the following: a. Liability - For foreign inclusive holidays the contract must include a term "accepting responsibility for acts and/or omissions of their employees, agents, sub-contractors and suppliers." However they can limit liability for acts and omissions which occur during the actual transportation, e.g. by air, rail or sea, if this complies with international conventions. b. Cancellation - The cancellation must not be made after the dates the balance of the price becomes due otherwise the Tour Operator must pay compensation on a scale. The nearer to departure cancellation occurs the higher the compensation will be. If cancellation occurs before the balance of the price is paid then the customer must be told as soon as possible and offered either a full refund or an alternative, comparable holiday. c. Over Booking - If a holiday is cancelled or altered due to over-booking of hotels and the Tour Operator is aware over-booking has occurred they must immediately inform the customer and offer an alternative, comparable holiday or full refund. If over-booking is only discovered on arrival by the customer then they must be offered alternative accommodation and if the location or facilities are inferior, they must be offered compensation. d. Surcharges - These must not be made less than 30 days before departure or they will not be recoverable. Also Tour Operators are expected to bear up to 2% of the increased cost of the holiday price. If surcharges exceed 10% then the customer may cancel the holiday and seek a refund. e. Building Works - The Tour Operator must notify customers if they become aware that building works exist at a resort and it is likely to affect the enjoyment of the holiday. They must offer the customer an alternative resort or their money back.
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