Terms and conditions

Booking Conditions

Your contract is with Capital Breaks Limited, a member of ATOL - holder number 10101.
The following Terms shall have the meanings set out below when used in these Booking Conditions:

Booking conditions definitions
'We', 'Our', 'Us', 'Capital Breaks'	means Capital Breaks Limited.
'Holiday'	means the Holiday booked by you or any person on your behalf.
'Agent'	means any Agent through whom your booking with Capital Breaks is made.
'Force Majeure'	means any unforeseen, unexpected or unusual circumstances which are beyond the control of Capital Breaks, the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) war or threat of war; hostilities, civil commotion, riot; civil strife;; terrorist activity; nuclear incident; political unrest; government action; industrial dispute; natural or nuclear disaster; weather conditions; closure of airports; fire; flood; drought; health risks, re-scheduling or cancellation of flights or alteration of the airline or aircraft type by an airline and technical problems with transportation that are outside our control.
'Major Change'	a) includes the following when made before departure:- a change of accommodation to that of a lower official classification for the whole or a major part of your holiday, b) a change of UK departure airport (excluding change of London Airports), c) a change of outward departure time or overall length of your holiday of twelve or more hours.

'Package' means a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.

Your Holiday Contract
The 'Lead Name' is the name of the person taken when a booking is made. 'The Lead Name 'guarantees that he or she has the authority to accept and does accept on behalf of the parties booked on the holiday, the terms of these booking conditions. Our contract with you is made when the confirmation is issued. These Terms and Conditions govern all bookings made with Capital Breaks. . This contract is governed by English Law, and the jurisdiction of the English Courts – Jurisdiction to be agreed for non-residents.
The accuracy of your booking relies upon the information and details you have supplied when booking your holiday, therefore it is important for you to check that the details on your holiday confirmation form when you receive it, or if, you are making a late booking, at the actual time of booking, are exactly as you requested.
IT IS ESSENTIAL THAT YOUR NAME IS CORRECT AND IS EXACTLY AS IT APPEARS IN YOUR PASSPORT.
In the event of any discrepancy, please contact us or your Agent immediately as it may not be possible to make changes later.
None of our agents or staff posses the authority to alter any of these Terms and Conditions unless authorised to do so in writing by the company.

Prices and website/brochure accuracy
At the time you make booking, some or all of the information and prices indicated may have been altered or changed. We constantly monitor the accuracy of information and prices at the time of loading and make every effort to ensure that they are a true reflection of the facts. However, regrettably errors do occasionally occur and you should therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
Price quotations given to you verbally will be regarded as provisional until you have received the Company's final confirmation invoice.
We reserve the right to correct the price if, as a result of an administrative error an incorrect price has been displayed on the website or in the brochure.
Your travel arrangements are subject to price surcharges as a result of increases in; (1) transportation costs(e.g. fuel, scheduled air fare and any other airline surcharges which we are obliged to pay or collect, (2) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees) and (3) the exchange rates applied to the particular package.  Any benefits derived from decreases in these costs will be passed on to you.

In relation to package holidays: we will absorb without subsequent charge to you any cost increase equivalent to a maximum of 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 a 2% increase and with any relevant administration charges together with an amount to cover the agent's commission. If the increase results in you having to pay an increase of more than 10% of the price of your travel arrangements, you will be given the option of accepting a change to another holiday if we are able to offer one or cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred. If this the holiday offered as an alternative to the one you originally booked is of equivalent or higher quality, you will not have to pay more but if the alternative holiday offered is of lower quality you will be refunded the difference in price.
In the event of the price of your holiday recusing as a result of the changes outlined above, by more than 2% of your holiday cost, any refund due will be paid to you. However, it should be noted that travel arrangements are not always purchased in local currency and therefore apparent changes may not have any impact on the price of your travel due to contractual and other protections in force.

Passports, visas, health requirements and travel documents
It is important that you accept and acknowledge that it is your responsibility to ensure that you are in possession of all necessary passport, travel, inoculation and health documents before departure. We regret that we are unable to accept liability in the event that you are refused entry into any country or on to any carrier or method of transport relating to your booking due to the failure on your part to provide the 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. In the event we are asked to reissue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.

Insurance
We recommend that travel insurance is essential and seriously urge you to ensure that you have adequate travel insurance.
If you you purchase travel insurance via our website or brochure it is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs and for the needs of those travelling with you.

Your financial security
Our flight inclusive breaks are protected by ATOL (membership number 10101). When you buy an ATOL protected air package from us you will receive a confirmation invoice from us (or via our authorized agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 10101. In the unlikely event of our insolvency, the benefit to you will be that ATOL will ensure that you are not 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. A set fee of £2.50 per person booked on the company's air inclusive package holidays is paid to the Civil Aviation Authority to provide ATOL protection to you. Our ATOL number is 10101. Registered trading name is Capital Breaks Limited.

Paying for your holiday
Your chosen arrangements will not be binding until we have received full pre-payment from you.

Your ticket conditions
You accept when you travel with an air, sea, train or bus carrier that their up to date approved Conditions of Travel apply, some of which may exclude or limit liability. These conditions are often the subject of international agreements between countries, and copies of the Conditions which apply to your air, sea, train or bus travel are available on request from the agent with which you booked your holiday, or from us. When travel and health documents (passports, visas and inoculation certificates) are required for your holiday, it is your responsibility to procure them. We cannot be held liable in anyway for your failure to do so.

If You Change Your Booking
If you wish to make any changes to your travel arrangements, although we will do our utmost to assist you it may not always be possible. Upon receipt of your payment, travel documents will be issued to you and change or cancellation fees will be charged as from that date. Any request for changes to be made must be from the 'Lead Name' on the booking or from your Agent and should be made in writing. You will be asked to pay an administration charge of £20.00 per person and any further costs we incur in making any alteration. You should be aware that these costs may increase the closer to the departure date that changes are made.
Please note that in some cases changes (for example name) are not permitted by the airline and most treat name changes as a cancellation and charge accordingly.
A reduction in the number of clients travelling may result in a higher per person charge to the remaining travellers. Any supplement arising from this change will be invoiced to you and must be paid before you travel. charge invoice may be raised if applicable.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. In some cases, any changes made may mean you having to pay for the cancelled arrangements and purchasing new ones at full cost. For example theatre tickets and many special air fares are completely non-refundable.

If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time however the instruction will only be valid when received in our offices by mail or fax (not e-mail) from the 'Lead Name' on the booking or your Agent on your behalf.
Our standard cancellation policy is 100% penalty after full payment has been received. However we will use reasonable endeavours to retrieve any refunds from suppliers that do not impose the same condition on Capital Breaks Ltd.
Please note that, in the event of some members of your party cancelling, we will recalculate the cost of the holiday for the remaining travellers in addition to the applicable cancellation charges. . This may include but not be limited to charges such as single room supplements.

If We Change or Cancel Your Holiday
There may be changes beyond our control for example (but not limited to) flight/train timings, tour operation days or a the closure of a hotel. Our arrangements are contracted many months in advance and so we therefore reserve the right to make changes and correct errors in holiday details both before and after bookings have been confirmed. However, we will only cancel your confirmed booking as a result of circumstances outside our control or in the cases of Force Majeure. Certain destinations can occasionally suffer from extreme weather conditions such as hurricanes. Due to their unpredictability weather conditions are a Force Majeure event and we shall not be liable for any changes either before departure or during the holiday, which in our absolute opinion are necessary to protect your safety. In this event, we will offer you suitable alternative arrangements. Under these circumstances, if you decide not to travel, we will return to you the monies you have paid us. No compensation is payable. Although most of the changes that we implement are minor, we may occasionally be obliged have to make a Major Change. In the event of our having to implement a Major Change or cancel your holiday booking, we will inform you as soon as possible and, upon the assumption that there is sufficient time for us to do so before departure, we will offer you the choice of the following options:

1. (for Major Changes) accepting the changed arrangements or
2. Purchasing alternative arrangements from us, of a similar standard to those originally booked, subject to availability (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
3. accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

We will not pay you compensation for any changes or cancellations caused by third party resort developments, changes or cancellations to schedules by airlines, a reduction of the number of persons who have booked being less than is required for the package or tour or any reasons imputable to "Force Majeure". 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.
We will not pay you compensation if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.

Flight
Under European Law, you have rights under 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 publicised 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.
The carrier(s), flight timings and types of aircraft shown in this brochure and on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your e-tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been issued – we will contact you as soon as possible if this occurs. 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 note that, in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under two years of age on the day of the child's return flight.

Rail Booking Conditions

All routes: Your tickets may not be used on trains arriving into any London terminal before 10:00am Monday to Friday. Travel on Sat/Sun permitted at any time.

East Coast trains: Exclusions: Trains departing Kings Cross 06.45am-07.59am and 15.59pm-17.45pm inclusive Monday-Friday and returning before 10.08am in London Monday - Friday.

Your rail ticket is not transferable and does not allow a break of journey. Train schedules and details of permitted routes are available on the National Rail website.

In order to allow time for delivery Rail Tickets may only be purchased for journeys departing in 5 days or more

Disorderly Behaviour
We reserve the right to terminate without notice the travel arrangements of any client whose behaviour is such that it is likely to cause danger or upset to any other person or damage to property. The person(s) concerned will be required to leave the accommodation or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.
Your accommodation is provided solely for the use of passengers shown on the final confirmation invoice as confirmed by us: subletting, sharing or assignment is prohibited.

If You Have A Complaint
In the unlikely event that you have any reason to complain or experience any problems with your travel arrangements whilst away, you must immediately inform our representative and the supplier of the service(s) in question locally. If the problem cannot be resolved locally or during the flight then you must write within 35 days of your return to the UK giving your booking reference and full details of your complaint. Your complaint should be in writing, to our Customer Relations Department at Capital Breaks Limited, Encore House, 50-51 Bedford Row, London WC1R 4LR.

If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst in the resort or during your holiday and this may affect your rights under this contract.

Our Liability To You
Our liability to you for any loss or damage which you may suffer is limited to twice 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 limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination. However you should be aware that these vary widely across the programme and may well not match those standards we enjoy in the UK. Any compensation payable by us shall be limited in accordance with the lowest limit allowed under applicable international conventions; Warsaw Convention 1929 as amended, Montreal Convention 1999 as amended, EC Reg Number 2027-1997, EC Reg Number 889-2002, EC Reg Number 261-2004, EC Reg Number 2111-2005 and EC Reg Number 1107-2006, Athens Convention 1974 (for ships), Berne Convention (for rail) and Paris Convention (for accommodation) governing the services, or the amount you can recover from them under the laws of the UK or the country in which they operate. Transport operators have their own conditions of carriage, which form part of your contract with us. These conditions, and the provisions of the international conventions, generally limit the liability of transport operators. Copies available on request.

Data protection/privacy

Special requests and medical problems
We are happy to advise and assist you in choosing a suitable holiday. If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. A customer care information form will be sent to you to complete and return. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please call our team of advisors on 0207 492 1600

Registered office: Encore House, 50-51 Bedford Row, London. WC1R 4LR. Registered company No: 07258456.