1. Holiday Booking

Your holiday will be arranged through Red Sea Holidays (UK) Limited.  We are a limited company, registered in England.  Our registered company number is 06418075 and our registered office is 5 New Street Square, London EC4A 3TW.

 

When you buy an ATOL protected air holiday package or flight from Red Sea Holidays UK Limited you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9749. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and 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

These terms and conditions together with our privacy policy and security policy and where your holiday is booked via our website, our website terms and conditions of use, constitute our agreement with you for the sale of holiday packages.  Together, these are referred to as our 'Terms'.   Our agreement with you is also subject to any air carriers' terms and conditions of carriage.

Your booking is conditional on you accepting our Terms.  If you do not agree with any part of them, you must not proceed with your booking.  If there is any part that you do not fully understand, or if you have a query on the product, please contact us.

2. General Booking Conditions

These Terms contain some exclusions and limitations of liability.  If any part of the conditions proves to be invalid or unenforceable, the rest of the conditions will remain valid.  This agreement will be governed by English law and any disputes will be dealt with by the English courts.   If however you book your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.

3. How to book your holiday

The person making the booking is called the "Lead Name".  He or she must have the authority to contract on behalf of all the other people going on the holiday and the Lead Name is stating that all persons named on the booking have accepted these Terms.  The Lead Name will be responsible for the full cost of the holiday, including any insurance premiums and cancellation or amendment charges.  We will send all documents and other information regarding the holiday to the Lead Name who is responsible for keeping other members of the party informed.  The person making the booking must be over 18 years old.  If you choose to pay by credit card, there will be a 2% fee added to your booking.  We will send you a confirmation invoice within 7 days.  All bookings are subject to our Terms.

By clicking on the accept button, you confirm that you have read, understood and accepted our Terms.  When submitting your offer to purchase any product on this website at the suggested price, we will be able to accept this offer within one day of you submitting it, we will notify you by return e-mail if we have accepted your offer.     We will not have any contract with you for the supply of any product at the price offered until we have confirmed your booking and have received the necessary deposit and/or balance payment (see 'Payment' section below).  If you have any questions, please feel free to contact us.

Our contract with you is made when we accept your holiday enquiry and send you a confirmation invoice.  Please check that the holiday on the invoice is the one that you wanted.  We are responsible for providing the holiday we have confirmed to you.  If you cancel or alter your booking later on, you may have to pay an amendment charge.  If you book within 7 days of your departure date or if there is not enough time to send you a written confirmation, a contract between us will exist when we confirm your booking.  We reserve the right to refuse your booking.  If we do this we will refund any money already paid to us.

4. Minimum Age

Unaccompanied passengers under the age of 18 need a letter of consent from a parent or legal guardian.  The minimum age of unaccompanied travel is 16 years on the day of departure. NB: Laws governing minimum drinking ages vary across each resort.  Please ensure you are aware of these conditions before you travel. 

5. Definitions

"Major Change" includes (but is not limited to) the following:

1. A change of accommodation to one with an officially lower rating;
2. A change of more than 12 hours to your scheduled time of departure or return; and
3. A significant increase in the price of your holiday.

Any change in the airline or the type of aircraft from that stated on the website or on your ticket does not count as a Major Change.

"Unavoidable Event" means unusual and unforeseeable circumstances beyond our control or the control of our suppliers, resulting in events that could not have been avoided even if all reasonable care had been taken.  Such circumstances include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions (including heavy/ insufficient snowfalls or non-freezing conditions). 

6. Flights and Flight Times

The flights on this website are operated by UK, European and international charter airlines. We may change airlines or aircraft types at any time; this does not count as a Major Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times on this website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. A night flight means one that departs the UK between 22.00 hours and 05.59 hours, or arrives in the UK between 00.00 hours and 05.59 hours.

You are reminded that Captains of aircraft have absolute authority over the aircraft and its passengers while boarding or in flight. The Captain or other authorised representative of the airline can refuse to carry anyone if they are unruly, unfit to travel, or a danger to the flight or other passengers. If you or any member of your party is refused carriage in these circumstances, the contract between us will terminate immediately and we will have no further responsibility for, nor liability to, you or any member of your party.

7. EU Airline Blacklist

In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu/.

8. Data Protection Policy

To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your travel arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this.

9. Payment

You must pay a deposit of £110 per person (excluding infants under the age of 2 years on the date of return) plus any insurance premiums payable when you book. You must pay the rest of your holiday price at least 8 weeks before the date of departure. You may pay by cash, cheque or any major credit or debit card. Cheques require 5 working days to clear. Cheques that will not clear at least 8 weeks before departure cannot be accepted. If you fail to pay in full by 8 weeks before departure your holiday will be cancelled and you will lose your deposit. If you book within 8 weeks of departure, you must pay in full by major credit or debit card. Tickets will not be issued until your holiday has been paid for.

If you book through a travel agent, any money which you pay to that travel agent under or in contemplation of any contract with us is held by them on our behalf until the date of actual payment to us.

10. Description

Our experts inspect every property and facility regularly to ensure that the contents on this website are accurate. However, circumstances can change after publication.

We will tell you of any changes that we know about when you book your holiday. If you have already booked, we will tell you of any change in circumstances that would affect your holiday as soon as we can before you leave.

Because this brochure is published many months before the start of the arrangements shown in it, we reserve the right to change any of the details shown in it at any time before we confirm your booking. If any such details are changed, you will be informed before we confirm your booking.

11. Our Responsibility

We accept responsibility for the proper performance of our obligations under this contract. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is:

1. attributable to you or a member of your party
2. attributable to a third party unconnected with the provision of the services to you, and is unforeseeable or unavoidable;
3. due to circumstances that could not have been prevented despite all reasonable precautions being made; or
4. due to an Unavoidable Event (see the section entitled "Definitions" in these Booking Conditions).

12. Limitations on our Liability

Our liability to you for any loss or damage which you may suffer is limited to two times 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.  In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant International Convention.  You can ask for copies of these international conventions from us.

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 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 generally limit the liability of transport operators. 

13. Complaints

If you have a complaint you must tell your Red Sea Holidays representative, the accommodation management or the airline staff immediately. If we cannot resolve the problem at the resort or during your flight, you must notify us of your claim within 35 days of your return from holiday to our Customer Services Department at Red Sea Holidays Customer Services, 75 Shoe Lane, London EC4A 3BQ.

If you do not tell us about your complaint, our ability to investigate it could be seriously hampered, and we will not deal with it unless there is a valid reason why you didn't inform us. You can, of course, pursue your claim elsewhere.

Disputes about your holiday that we cannot settle can be referred to arbitration under a special scheme administered by the Chartered Institute of Arbitrators. The scheme provides a simple and cheap method of arbitration based on documents alone. It does not apply to claims over £5,000 per person or £25,000 per booking form. A limit of £1,000 per person applies to any part of a claim for personal injury or illness. You must apply for arbitration within nine months of your return from holiday, but in special circumstances it may be offered outside this period. Information regarding complaints may be shared with other tour operators.

14. Changes to your Booking

For advice on amending a booking, please contact us in writing.

We do allow changes to be made to bookings already made, providing that these change requests are made to us at least 14 days before departure. Change requests must be sent to Red Sea Holidays, 75 Shoe Lane, London EC4A 3BQ. The Lead Name must sign the letter. With the exception of name changes, you may not make changes to your booking within 14 days of departure. You may however cancel your booking within this period subject to the payment of cancellation charges as outlined within our cancellation policy. At all other times, you may make changes to your holiday subject to the payment of the appropriate amendment fee(s). Any amendments to your holiday made between 15 days and 56 days of the due date of departure will be charged at an amount equal to the deposit paid for that booking (currently £110 per person). Any amendments made to your holiday more than 56 days from the due date of departure will be charged at £30 per person. The amendment fee(s) may vary based upon the type of amendment being requested and the number of days prior to travel at which we receive your change request. Your amendment will not be confirmed until you are in receipt of the revised notice.

Where you make a change to your booking that is subject to the payment of an amendment or administration charge, then this charge must be paid in full at the time the amendment is first made. Amendment, administration and credit card surcharges will not usually be refunded should you subsequently cancel your booking.

Where you request a change to any additional third party products or services booked to complement your holiday, they will incur an amendment charge equal to any unrecoverable financial commitment made to the product or service provider by Red Sea Holidays on your behalf. The third party will usually have their own terms and conditions related to the product or service provided to which you should also refer.

Where you make multiple changes to any combination of either your travel date, your holiday duration, the property at which you will be staying or your flight arrangements within a single transaction, Red Sea Holidays will usually only charge a single set of amendment fees per person and not a cumulative charge per change. Charges for all other amendments, for example to change passenger details, will usually be charged cumulatively per change.

If people drop out of your party, we will recalculate the cost of the holiday for the remaining travellers. If fewer adults share the accommodation, you may have to pay the extra room charges shown on this website. Within 56 days of departure, we will calculate prices for revised bookings at the more expensive of either the rates in force when you make the change or the ones that applied when you made the original booking. Outside of 56 days, you will be charged the same cost as at the time of the original booking but with the addition of any under occupancy supplements. We cannot guarantee a twin room for the remaining customer from a party of two. One person who occupies a twin room will probably have to pay a significant extra charge.

If you want to make changes while you are away on holiday, for example to upgrade your accommodation, we will try to help. These changes are subject to availability and must be paid for locally.

You should notify us of any changes as soon as you are aware of them.

15. Airline Policies

Most airlines treat name changes as cancellations and impose extra charges, which you will have to pay. If you make changes after an airline ticket has been issued, you may have to pay for the cancelled ticket and buy a new ticket at full cost.

16. If You Cancel  

To cancel the entire holiday, the Lead Name must write to our Administration Department by recorded delivery at the address on your booking confirmation.  Cancellation takes effect on the date we receive your letter.  If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking.

The following Cancellation fees apply:

Time before departure when cancellation instruction is received by us	#Cancellation charge as a % of total holiday cost (excluding any insurance premiums and any amendment fees already paid to us)
Up to 57 days	Loss of deposit
56 - 29 days	50% or deposit if greater
28 - 22 days	70% or deposit if greater
21 - 15 days	80% or deposit if greater
14 - 8 days	90% or deposit if greater
7 days or less	100%

# Airlines sometimes apply cancellation charges. We will provide details of this after we receive your cancellation instruction.

17. If We Change or Cancel Your Holiday

We may have to make changes to your holiday, or cancel it, after we accept your booking. Most changes are minor and we will always tell you as soon as possible before your departure.  In such circumstances, we will have no liability to you.  Occasionally we may need to make a Major Change (see the Definitions section).  If we do, you must tell us as soon as possible if you wish to accept the change or cancel the holiday with a full refund.  If we cancel your holiday before it starts, and it is not your fault, or if you cancel because you decline a Major Change, you have the following options:

1. Accept our offer of a replacement holiday of lower quality (if available), and we will refund the difference in cost;
2. Accept our offer of a replacement holiday of equivalent or higher quality (if available); or
3. Ask for a refund of the money you have paid.

If you accept a Major Change, or if we cancel your holiday, we will, as a minimum, compensate you according to the scale below, in addition to any refund.  We will not pay compensation when the change or cancellation is due to an Unavoidable Event or because the number of persons who have booked is less than that required for the package.

If you have paid reduced rates for children, we will pay credit or compensation on a pro rata basis of the adult rate.  Children travelling on free child places, and infants, are not entitled to compensation.

Notice of cancellation	Compensation per full-fare paying passenger
0 - 14 days	£30
15 - 28 days	£20
29 - 56 days	£10
More than 56 days	£0

In the event that you are unable to board your flight due to a problem within our control (you are "denied boarding") we will provide welfare as appropriate for the period of any delay.  If any similar alternative flight offered is not acceptable, you have a right to reimbursement of the cost of any flight (you should note that this is not a right to reimbursement of the full holiday cost unless the above paragraph in relation to cancellation applies).  You will also be entitled to compensation, according to the length of your flight on scales laid down by the European Commission, details of which are available on request. 

18. Termination and Compensation

You and your party must behave reasonably while on holiday.  We reserve the right, at our reasonable discretion, to terminate the holidays of people who indulge in serious misconduct.  If we do so, we will have no further responsibility or liability to you.  If you or any member of your party wilfully, recklessly or negligently damages any accommodation, property or person, or causes delay to or diversion of any flight or other means of transport, you agree to compensate us for any loss we may suffer, including legal costs.  Guests who participate in organised sports and watersports activities in all hotels do so at their own risk.  They must follow the supervisors' instructions.

19. Minimum Numbers

For all holidays on this website a minimum number of people need to book to enable the holiday to take place. If this number is not achieved and we have to cancel your holiday we will tell you immediately, at least 6 weeks before departure. We will refund the full cost of your holiday and the insurance premium, unless you obtained cover with another company. Where we cancel for this reason you are entitled to the options detailed in the paragraph ‘If we change or cancel your holiday', but you are not entitled to compensation in these circumstances.

20. Prices

The prices on this website were accurate at the time it was published. We reserve the right to change holiday prices throughout the season depending on the availability of places. Under-occupancy supplements may apply if rooms are not filled to maximum occupancy. Prices include a cost for fuel that was estimated at the time of booking, we reserve the right to add a fuel supplement to holiday prices. We may also change the price of flight insurance, and the air travel security charge which tour operators and airlines have to charge.

Once you have booked your holiday, the price of any flight supplements will not change. The price of your travel arrangements is subject to surcharges for increases in: (i) transportation costs (e.g. fuel, scheduled airfare and any other airline surcharges which Red Sea Holidays are obliged to pay or collect), (ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees); and (iii) the exchange rates applied to the particular package. Any benefits derived from decreases in these costs will be passed on to you.

In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For variations larger than 2% you will be charged for any increase, and refunded for any decrease. No price increases will be made within 30 days of departure.

In either case there will be an administration charge of £1 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements 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 final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph "If we change or cancel your holiday", to accept an offer of alternative travel arrangements from us if we are able to do so and compensation if appropriate.

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.

21. Aviation Duty

The UK government have announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports with a new Emissions Tax, known as Aviation Duty, with effect from 1st November 2009. At the time of publishing on this website, we are not aware of the final details of the new Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown in on this website to reflect those changes in costs.

22. Paying for Your Holiday: Exchange Rates

The exchange rates we use are calculated and updated bi-annually by reference to the FTO base date with exchange rates as published in the Financial Times under the section ‘FT Guide to World Currencies'. All prices include VAT on all holidays to EC countries.

23. Aviation Insurance and Security Charge

We have included in our prices a charge representing the extra aircraft insurance and security costs, which have been imposed on airlines and tour operators.  You should be aware that this charge may change between the date of publication and the time of travel.  Since these costs are beyond our control, we reserve the right to increase the amount of this charge at any time.  We will of course inform you of any such change should that become necessary.  We have included in our prices an estimate of fuel costs based on our forward view of oil prices at the date of publication.  In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.