Latin America Travel - BOOKING CONDITIONS

BOOKING AND CONTRACTUAL CONDITIONS
Your holiday contact is with Legendary Journeys Ltd., a member of ABTA.

YOUR HOLIDAY CONTRACT
When you make a booking you guarantee that you have authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. The contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.

YOUR FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this site and our brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 5599) administered by the Civil Aviation Authority and a bond held by ABTA. If you book arrangements other than a package holiday from this site or our brochure, your monies are protected by way of a bond held by ABTA.

ABTA
We are a member of ABTA, membership number W4375. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at http://www.abta.com/heretohelp.shtml

YOUR HOLIDAY PRICE
When making your booking you must make a deposit of £150 per person (for certain holidays the overseas operator may demand a higher deposit - e.g. rail, sea and safaris - if so you will be notified of the required deposit at the time of booking). Deposits are non-refundable. The balance of the price of your travel arrangements must be paid at least 2 calendar months before departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.

The price of your travel arrangements is calculated using the official exchange rate at the time of booking. Currently exchange rate is GBP £1.00 = US$1.6, as valid on 31 July 2009.

Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 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 that, plus an administration charge of £1.00 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 will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that 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.

IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your holiday arrangements in any way, for example your chosen departure date or accommodation, we will endeavour to meet your wishes to the best of our ability. An administration fee of £30 (plus communication charges) per alteration will be charged. You should be aware that these costs could increase considerably the closer to the departure date that the changes are made.

IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. If the reason for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Notified 61 or more days before departure - loss of deposit including any higher deposits as demanded by the overseas operators.
Notified 60 – 50 days before departure - 60%
Notified 49 – 45 days before departure - 75%
Notified 44 – 30 days before departure - 90%
Notified 29 days or less before departure - 100%
Some arrangements are booked through companies with whom we are in association (especially cruise or adventure operators, or for events such as carnival), and these may result in different cancellation fees and deadlines to those shown above. In such cases you will be notified at the time of booking.

ALTERATION TO ARRANGEMETS WHILST ABROAD BY YOU
We regret that no credit or refund is possible for any unused services provided in the cost of the holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and the Company or the Company's agents are not responsible for any extra costs that are involved or for any difficulties that may arise with onward travel as a result of such alterations. No credit or refund is possible for any lost, mislaid or destroyed travel documents, which should be the subject of a claim on your own insurance.

ALERATION TO CONFIRMED BOOKING BY US
It is unlikely that we will have to make any change to your holiday, but we do plan the arrangements many months in advance. Occasionally we need to make changes, which we reserve the right to do at any time. Most of these changes are minor, and we will advise you or your travel agent at the earliest possible date. When a major change occurs (such as alteration of your outward/return flights by more than 12 hours, reduction in the standard of accommodation) provided it does not arise from circumstances amounting to force majeure you will have the choice of either accepting the change of arrangements, taking another holiday from us, or cancelling your holiday and receiving a full refund. A change of aircraft or carrier is not considered a major change and would not entitle you to cancel and receive a full refund. In all cases we will pay compensation as detailed below.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used as follows: Air France, American Airlines, Aerogal; Aerolineas Argentinas; Aerosur; Aero Condor; British Airways; GOL; Iberia; LAN; TAP Air Portugal; British Airways; Iberia; Lufthansa; TACA; TAP Air Portugal; TAM Brazilian Airlines; VARIG. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.

PERIOD BEFORE DEPARTURE WITHIN WHICH A MAJOR CHANGE IS NOTIFIED TO YOU OR YOUR TRAVEL AGENT
Compensation per person
More than 56 days Nil
43 - 56 days £15
29 - 42 days £30
15 - 28 days £45
00 - 14 days £60
Important Note: Compensation will not be payable if we are forced to cancel or in any way to change your holiday due to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other circumstances amounting to force majeure. We also reserve the right in any circumstances to cancel your travel arrangements.

CANCELLATION OF CONFIRMED BOOKING BY US
In the event of the company having to cancel the holiday on or before the date when the payment of the balance of the price becomes due you will be offered the choice of an alternative holiday of at least comparable standard if available and if this is not acceptable, a full refund of all monies will be paid. In the unlikely event that we have to cancel after the date when payment of the balance of the price becomes due (always providing that the balance has been paid), compensation will be made as detailed below. In the event that a holiday has to be cancelled for reasons of force majeure, i.e. the occasion of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, all monies paid will be refunded but it is regretted there will be no compensation payable.
Cancellation within 56 days of departure:
42-56 days £30
29-42 days £40
15-28 days £50
00-14 days £100

PROMPT ASSISTANCE IN RESORT
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances

ARBITRATION
The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA / Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.

LIABILITY
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to

(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices: Latin America Travel, 19 Cusack Close, Twickenham TW1 4TB. Telephone: 020 7993 4340

CONDITIONS OF CARRIAGE
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices. Our brochure and web site are our responsibility as your tour operator. The brochure and web site information is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of the travel arrangements.
Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.

BROCHURE AND WEBSITE
Our brochure and web site observe the requirements of the Unfair Trading Regulations 2007, the Package Travel, Package Holidays and Package Tour Regulations 1992, or any amendment or re-enactment thereof. The company reserves the right to make any changes that may be necessary to the particulars within the brochure or on the web site at any time after publication. Where such changes occur, these will be subject to the rights as given under the appropriate headings in these Booking Conditions concerning cancellations and alterations.

DELAY AT AIRPORTS
All travel is by scheduled airlines and, in the event of departure delays such as airlines will advise clients of these details, and in the great majority of cases will arrange extra meals and overnight accommodation as necessary (at the airline's expense). Denied Boarding: Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your 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. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us are set out in separate clauses. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk As we advise both on the booking form and in these conditions, you should ensure that you take out comprehensive travel insurance which includes financial compensation in most cases for delays of 12 hours or more.

PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

EXCURSIONS
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

CHILDREN
Child reductions of up to 50% will be granted on some holidays, provided the child is between the ages of 2 and under 12 years, and shares a twin bedded room with two adults. Infants, under 2 years, will be charged 10% of the air fare plus nominal charges at the centre. Full details will be provided on receipt of specific requirements.

IF YOU HAVE A COMPLAINT
We do our best to give you an enjoyable trouble-free holiday but occasionally even the best-laid plans can go wrong. If you have a problem during your holiday, please inform the relevant authority (e.g. hotel, tour manager etc.) immediately who will endeavour to put things right. If your complaint cannot be completely resolved locally, please follow this up in writing within 28 days of your return home, giving all relevant information. It is therefore a condition of this contract that you communicate any problem to the authority in question whilst on tour. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem.

Important Notice

Unfortunately it is inevitable that some of the prices or details contained in our brochure or web site may have changed since last publication. You will be informed of any changes to any of the relevant details within the brochure or on the web site when you book either with your travel agent or with ourselves as part of our commitment to quality customer service. These Booking Conditions must be read in conjunction with the 'Important Information' page on this web site.

Latin America Travel is the trading name of Legendary Journeys Ltd, registered address 19 Cusack Close, Twickenham, Middlesex, TW1 4TB. Registered in the UK no 4124104 (VAT 766 0688 93).

All holidays in our brochure and on the web site are covered by the Civil Aviation Authority Travel Organisers licence ATOL No. 4455 and also ABTA Bond.