Terms & conditions
YOUR COMMITMENT TO MOSAIC HOLIDAYS
1. YOUR HOLIDAY CONTRACT
When you ask us, or your travel agent to book your holiday, you must accept and confirm that you have read our booking conditions, important information and our description of your holiday. If we are able to offer the holiday you request, we will advise you of the up to date price and once confirmed, a contract will exist. For package holidays, you contract will be with ourselves, Mosaic Holidays Ltd but if you choose to purchase a single element, such as a flight or accommodation on its own, we will be acting simply as an agent of the supplier and your contract will be with them. In that case, clauses 7 and 8 of our ‘Commitment To You’ will not apply and you can ask to see the specific terms of business of the supplier themselves. In this case our only obligation is to take reasonable care in making the reservations as requested by you. All contracts are subject to the law of England and Wales and you agree to submit to the jurisdiction of the Courts of England and Wales. If you live in Scotland or Northern Ireland you may choose to submit to those jurisdictions instead.
2. PAYMENT FOR THE HOLIDAY
When you book you are required to pay a deposit of £100 plus the cost of any confirmed flights per person (maybe higher at peak periods, or if an element of your holiday is non-changeable and non-transferable. You will be advised at time of booking) and the correct insurance premium (please see note under cancellation charges). You are not required to make any further payments until 10 weeks before departure. At 10 weeks
before departure you are required to pay the balance due in full. For holidays to be taken within 10 weeks of booking, the full amount is due, not a deposit. If you do not pay the full amount due, we reserve the right to treat your booking as cancelled. There is no contract between us until a written confirmation has been sent to you. All monies paid directly to Mosaic Holidays can be authorised to us immediately by giving details of a valid card or subsequently by cheque, which will have to be cleared before confirmation can be issued. The receipt of this amount will be deemed as your acceptance of the booking conditions, and after the payment has been made and cleared, a written confirmation containing the details of your holiday will be issued. There is no contract between us until payment has been made and a written confirmation issued, except for late bookings when a contract will exist when you ask for the holiday to be confirmed. You must check your confirmation carefully as soon as you receive it. For all payments made directly with us with a credit card, a percentage fee is levied on total charges which will be confirmed at the time of booking.
3. IF YOU CHANGE YOUR BOOKING
If you want to change any details of your booking (e.g. transfer to a different comparable Mosaic Holidays’ holiday, which must be taken within a reasonable time, departure date, airport, change or cancel a pre-departure special offer or excursion), we will do our best to effect this change. For this service, we charge an Amendment Fee of £100 per person plus any non-refundable costs arising from the contract terms of our suppliers. However, if the change occurs within 70 days of the departure, the cancellation charges shown in paragraph 4 will apply. When the price varies depending on the number of persons booked into the accommodation and you wish to change the number of persons, the price will be recharged on the basis of the new party size as shown in the price panel. Any increase in price per person payable as a result of a part cancellation is not a Cancellation Charge. A separate Cancellation Charge will be levied in respect of bookings cancelled in accordance with paragraph 4. A new confirmation invoice will be issued as appropriate, on which the Cancellation Charges will be shown
4. IF YOU CANCEL YOUR HOLIDAY
Once your holiday has been confirmed, you or any member of your party may cancel all or part of your booking. However, the cancellation will only be valid if all details are confirmed in writing and signed by the person who made the booking. Your written instructions should either go to the travel agent you booked with, asking them to notify us immediately, or, if you booked direct, to Mosaic Holidays. We will charge you a cancellation fee on the scales shown below. This is to compensate us for the expense of processing your booking and for the risk that we may not be able to resell the holiday. The amount payable (by whoever confirmed the booking) depends on when we received your written instructions. The more notice given the smaller the charge. If the reason for cancellation is covered by your insurance policy, you should be able to make a claim.
|Period before scheduled departure within which written instructions are received by Mosaic Holidays:
||Amount of cancellation charge (shown as a % of total holiday price, excluding insurance premium):|
|More than 70 days||Deposit plus any non-refundable flight costs|
|43-70 days||30% or deposit if Greater|
|22 - 42 days||70% or deposit if Greater|
|0 - 21||100%|
In certain cases, the carrier or hotelier may apply a higher cancellation charge or charge the appropriate single supplement, which we reserve the
right to pass on. Please enquire at the time of cancellation.
5. TRANSFER OF BOOKING
If any member of your party is unable to travel as a result of injury, death or sickness of the passenger, close relative or friend, jury service or redundancy, you may transfer the booking to another suitable person, providing that notices is given in writing at least 35 days before departure and providing that the alternative passenger is acceptable to Mosaic Holidays. An administrative charge of £100 will be levied, plus any non-refundable costs arising from the contract terms of our suppliers. It should also be noted that many scheduled airlines will treat such transfers as cancellations and, as such, rebooking will depend on space availability in the designated class of travel at the time of the proposed transfer.
Under the terms of this contract you are required to have suitable travel insurance for your holiday and you must advise us of the details of your alternative policy including the name of the insurer and the policy number as soon as possible. The cost of medical treatment and repatriation in the event of serious accident or illness must be included. Clients in breach of this fundamental condition will be deemed to have indemnified the
company for any consequential loss incurred by the company on their behalf and will be recoverable from you.
7. IF YOU HAVE A COMPLAINT
Should you have a complaint about any part of your holiday, you must immediately inform our agent/representative and the supplier e.g. the hotel outlining the nature of the complaint. Issues can most easily be dealt with as they arise, at your resort, when our agent/representative can see and understand the exact nature of any problems you have. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, details of the complaint should be notified in writing to our office (quoting the number(s) of your Booking Reference(s) and your departure date) within 35 days of returning from the resort. Failure to comply with this instruction will jeopardise your complaint.
8. HOLIDAY PARTICIPATION
We reserve the right to decline to accept or retain any person as a client at any time, and we shall be under no liability for any extra costs incurred by such a person as a result of our doing so. Furthermore, in our absolute discretion we reserve the right to terminate without notice the holiday arrangements of any client whose behaviour is such that it is likely in our opinion to cause distress, damage, danger or annoyance to our customers, employees, agent’s property or third party. If you are prevented from travelling because, in the opinion of a person in authority, you appear to be unfit to travel or cause distress or discomfort to other passengers, then our responsibility for your holiday ceases. Full cancellation charges will apply. Mosaic Holidays has no control over the behaviour of other people visiting or staying in your resort accommodation.
9. YOUR ACCOMMODATION
Only the passengers shown on our Final Invoice have the right to use the accommodation provided. It is prohibited to assign, share or sublet the accommodation to any other persons.
10. YOUR TICKET’S CONDITIONS
When you travel with an air or sea carrier, you accept that their Conditions of Carriage apply, some of which limit or exclude liability. These conditions are often the subject of international agreements between countries such as the Warsaw Convention of 1929 as amended and the Montreal Convention 1995 as amended Regulation EU261/2004; If your flight is delayed or cancelled, you may be entitled to compensation.
Reimbursement in certain cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. If your airline does not comply with these rules, you should complain to the Civil Aviation Authority via their website caa.co.uk. It is your responsibility to acquire the required travel and health documents for your destination (e.g. visas, passports and vaccination certificates). Mosaic Holidays cannot be held liable in any way for any failure to do so. If an element of your holiday is a schedules airfare, please note that the tickets are printed within a set period prior to the date of departure. Once such tickets are printed, the tickets have no refund value whatsoever. Additionally, the airline may refuse to issue replacement tickets and new additional tickets may have to be purchased by you.
MOSAIC HOLIDAYS COMMITMENT TO YOU
1. PROVISION OF YOUR HOLIDAY
We will arrange for the provision of the services to you which form part of the holiday as confirmed to you. We cannot accept responsibility for verbal price quotes or description. These services will be supplied either by independently contracted suppliers or by ourselves. We allocate your chosen holiday to you when you or your travel agent asks for your holiday to be confirmed. All holidays advertised are subject to availability.
2. PRICING POLICY
The prices quoted in this brochure are per person and based on 2 adults sharing a twin room/double room and are for guidance only. Mosaic Holidays has the right to increase or reduce prices at any time. Verbally quoted prices are treated as a provisional. However, once the price is confirmed in writing on the confirmation invoice and the deposit paid, it is guaranteed and subject only to additional fuel surcharges passed on by the airline. Only additional fuel surcharges passed on by the airline. Surcharges can be levied within 30 days of travel. 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.
3. IF WE MAKE CHANGES TO YOUR HOLIDAY
It is highly unlikely that we will have to make changes to your holiday. However, as arrangements are made many months in advance, sometimes this is unavoidable and we reserve the right to do so at any time. Most changes are minor. If changes have to be made which are of a significant nature, we will inform you or your travel agent when you make the booking. If the booking has already been made, we will inform you as soon
as is reasonably possible if there is time before your departure. If there is a major change, we will inform you, or your travel agent, as soon as is reasonably possible if there is time before your departure. A major change is one that we make to your holiday arrangements before departure, that involves changing your time of departure or return by more than twelve hours, UK airport(s) (although please note a change from Gatwick to Heathrow or Stansted or vice versa is not classified as a ‘major change’), resort area or offering accommodation of a lower category. You then have the choice of either:
A. accepting the changed arrangements as notified to you; B. purchasing another comparable available holiday from us; or C. cancelling your holiday. If you choose A or B, we will pay you compensation on the scale shown below. If you choose C, we will refund you all money you have paid to us plus at least compensation on the scale shown in the table below.
|Period before scheduled departure within which is notified to you or your travel agent:||Compensation Per Person:|
|More than 70 days||Nil|
|42 - 70 days||£10|
|28 - 41 days||£20|
|15 - 27 days||£30||Compensation for children will be|
|0 - 14 days||£50||will be on a pro-rata basis.|
Compensation payments do not apply to changes caused by any force majeure, health risks, reason of war or threat of war, riots, civil strife, terrorist
activity, industrial disputes, natural and nuclear disasters, fire, technical problems to transport, closure or congestion of airports or ports, cancellations
or changes of schedules by airlines and similar events beyond our control.
4. IF WE CANCEL YOUR HOLIDAY
We reserve the right to cancel your holiday in any circumstance. Should this happen, we will offer you an alternative available holiday, of a comparable standard, for you to purchase or refund to you all money paid to us. Please note that it is advisable to leave UK departure point travel arrangements until your final travel documents are received. Your holiday should not be cancelled less than 10 weeks before the scheduled departure date, except for reasons of war, etc (see important note above). Please note that all Group Tours operated by Mosaic Holidays can only operate on a ‘minimum number’ basis. If the minimum number is not achieved, we shall inform you not later than 10 weeks prior to the date of departure. In the event that minimum numbers are not achieved, we reserve the right to cancel your Group Holiday providing we notify you 10 weeks prior to departure (no notification will be given for excursions). The provisions in clause 4 will then apply. No compensation will be payable if the cancellation is more than 10 weeks before departure, nor for consequential losses.
5. WHAT HAPPENS TO COMPLAINTS
We aim to resolve complaints on the spot while you are on holiday. If we can’t, you may choose to use the low cost arbitration scheme offered by ABTA. Details of how to do so are available from ABTA at 30 Park Street London SE1 9EQ.
6. OUR RESPONSIBILITY FOR YOUR HOLIDAY
We accept responsibility for ensuring that all component parts of your holiday (which are pre-booked and pre-paid in the U.K.) are supplied to you as confirmed by us on your confirmation invoice, and services offered reach a reasonable standard. If any significant part is not supplied, we will pay you a suitable compensation if this has affected the enjoyment of your holiday (see clause 3 above). Our limit in this case is twice the price of your holiday. We have taken all reasonable and proper steps to ensure that proper arrangements have been made for all our holidays and that the suppliers of the various services provided to you as part of your holiday are efficient, safe and reputable and comply with the local and national laws and regulations of the country in which they provide those services. However, we do not have direct control over the provision of services to clients by suppliers, and we cannot be held responsible or liable for death, injury or illness caused to clients, unless through negligence of our employees, agents, subcontractors and suppliers and their staff whilst acting within the scope of their employment. If the claim relates to travel by air or sea our liability will be limited by relevant International Conventions in respect of both liability and value. Responsibility in respect of air and cruise carriers are at all times subject to their Conditions of Carriage (see point 10 above). You must contact us immediately if you believe you may have a claim and assist us in any action we seek to take against a supplier or other person. Otherwise our liability to you for any loss or damage which you may suffer, is limited to twice the price of your holiday. Note: We are not liable for information found on other than our own website/brochure nor for the standards of properties not listed in our system. Due to our commitment to staff training, we sometimes record telephone conversations.
7. PERSONAL INJURY (UNCONNECTED WITH ARRANGEMENTS MADE BY US)
Although we cannot accept responsibility for clients who, by misadventure, suffer illness, personal injury or death during the period of their holiday arising out of an activity which does not form part of the foreign inclusive holiday or excursions booked through the company, general assistance will be offered to clients at our discretion to a maximum of £5,000 per booking. In addition, should there be a successful claim for costs against a third party or there being suitable insurance policy/ies in force, costs actually incurred by the tour operator shall be recoverable from the clients. You must make a claim under your insurance policy’s legal expenses claim and if you are successful, replay us any money we have spent on helping you.
8. LATE BOOKINGS
We recommend that you place your booking as early as possible, but understand that some clients may have no choice but to book late. More often than not the Company can accept bookings up to a week before departure, when the full cost must be paid at the time of booking by credit card or debit card. Clients making late bookings should first check that they can comply with all Visa, passport and medical requirements.
If any part of these conditions is found to be invalid or unenforceable, the remainder of the terms will still be valid.
This version was produced in December 2015, and supersedes all previous editions. Travel documents will only be issued when full payment has been received and cleared by Mosaic Holidays Ltd.
YOUR FINANCIAL SECURITY
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. All money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
For further information visit the ATOL website at www.atol.org.com