Mercury Holidays Booking Conditions
These Booking Conditions, are supplemented with our privacy policy, the general information contained in the ‘For you to know’ and ‘Holiday Insurance’ sections, where your holiday is booked via our website, our Website Terms of Use and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us, Sunspot Tours Ltd of St John’s House, Suffolk Way, Sevenoaks, Kent, TN13 1YL trading as Mercury Holidays (ATOL number 1631, ABTA membership number VO211, Company number 01470134) (‘We’, ‘us’ or ‘our’ ‘Mercury Holidays’).
- Services provided by other parties.
We will not accept responsibility for services or facilities which do not form part of our agreement, are not detailed on your confirmation or where they are not advertised in our brochure or on our website. For example if an airline cancels a flight, we are not responsible for any pre-departure car parking, hotel, taxis or airport lounge facility except where they have been booked through us and form part of your contracted arrangements with us (in which case they will be detailed on your booking confirmation). In resort we are not responsible for any excursion, service or facility which your hotel or any other supplier agrees to provide for you while you are away. All queries and claims in relation to such services should be directed to the provider of that service.
2. Bookings & Payments
Subject to availability, our holidays can be booked by telephoning our reservations department, using the appropriate telephone number in our brochure, or by visiting our website www.mercuryholidays.co.uk. The first named person making the booking must be over 18 and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services. The first named person making the booking agrees on behalf of all persons detailed on the booking that (a) he/she consents to our use of personal data in accordance with our Privacy Policy and our Privacy Statement (see clause 23 below) and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements) (see clause 23 below); (b) guarantees that they have authority to accept and does accept on behalf of all persons named on the booking, these Booking Conditions and agrees to be bound by them including the financial responsibility for payment of the booking. The first named person making the booking guarantees payment to us of the total cost of the holiday booked. A deposit from £250pp for a beach holiday or from £295pp for an Escorted Tour, River Cruise, Fly-Drive or Multi-Centre Holidays, or full payment if booking within twelve weeks of departure, is payable at the time of booking. Please note the deposit may be increased depending on the airline and/or country you are travelling to. You will be advised of the amount of the deposit payable at the time of booking, however those who have made bookings on the website may be contacted up to 72 hours after the booking has been made and advised of any increases. The balance of the cost of your arrangements (including any applicable surcharge) is due by the balance due date notified to you. This will normally be twelve weeks before departure but may be sooner for a River Cruise or Escorted Tour booking, please check your confirmation. If the deposit or balance is not received by us in full by the applicable due date, we reserve the right to treat the booking as cancelled by you in which case we shall retain your deposit. We do not send reminders of monies owing. Your booking is confirmed and a binding contract between us and you comes into existence when we have received payment of the deposit or the full cost of your booking (where applicable) and we issue you with a booking confirmation confirming the details of your booking (which will be sent to you or your travel agent). If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate in addition to the booking confirmation. Contact us immediately (and no later than ten days of receipt) if any information which appears on the booking confirmation or ATOL certificate or any other document is incorrect or incomplete so that the error can be investigated. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake or omission notified to us within the time limits specified above if the error was our fault, but you must meet any costs involved in our doing so if the error was as a result of your fault. If we are notified of inaccuracies or errors more than 10 days after you have received your confirmation, any costs to amend the booking will be your responsibility. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL 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 financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer 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. Credit and Debit Cards: You may make payment by debit or credit card.
3. Pricing
The prices shown in our brochure and on our website are per person in £’s sterling. Our brochure prices are accurate at the time of publication, but you should only use them as a guide. The prices we give are the best value available at the time of pricing and generally are selected from dates outside of the high season. The price you pay will depend on when you are travelling and prices may go up and down throughout the season.
The brochure price is based on the standard occupancy for the room type included in the package so the price will change if the room is occupied by a different number of guests. Please note some special offers cannot be combined. The final price of your holiday will be confirmed at time of booking. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Please consider that the prices in our brochure are based on the lowest airfares available at the time of going to print. Our short haul destinations are based on low cost airlines and flight prices fluctuate daily and flight prices may also increase with scheduled airlines and during peak travel periods. Ultimately the nearer to your date of departure that you book your holiday, the higher the flight costs may be, therefore increasing your holiday price. We always recommend you book early to take advantage of the lower flight prices and to avoid disappointment. You will be advised of the current price of the holiday that you wish to book before your booking is confirmed and contract created. All our prices (including flight and hotel supplements) are based on the shared occupancy of double or twin-bedded rooms. (Alternative accommodation supplements are given with the individual holiday details and all accommodation supplements are per person per night). I
f a 3rd week is free, this will still be subject to any room supplements. Please note: The price of your confirmed holiday is subject at all times to changes in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; or (ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) the exchange rates relevant to the package. Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. 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 and/or additional services or travel arrangements. You will be charged for the amount over and above that.
However, if this means that you have to pay an increase of more than 8% of the price of your holiday (excluding insurance premiums, any amendment charges and/or additional services or 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 lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges, insurance premiums and/or additional services or travel arrangements).
Should you decide to cancel because of this, you must exercise your right to do so within 7 days from the issue date printed on the invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Should the price of your holiday go down due to the changes mentioned above, any refund will be paid to you less an administrative fee of £10. 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. We promise not to levy a surcharge within 20 days of your departure date nor will we offer refunds in this time.
Requests to change your booking after confirmation (e.g transferring to a different hotel, departure date or airport) must be made in writing, but we are not bound to comply with such requests. If additional people are added to your booking, they are added on the understanding that they have also accepted these booking conditions and will pay any additional costs. Where we can meet a request for a change to your holiday we will issue a revised holiday invoice to confirm this. To avoid incurring booking service changes at a later date, please remember to book all additional items when you confirm your holiday. All amendments/alterations will incur the following charges:
A. An amendment fee from £25 per person for all destinations will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
If you wish to amend your booking in any way (subject to (B.) below) more than 12 weeks before your original departure date we will advise you of the cost of making such amendment. Please note that it may be the case that some costs payable in respect of the booking are non-refundable and, where you do not wish to proceed with the original booking (or with the amended booking) we will treat this as a cancellation by you and the cancellation charges shown in clause 7 below will apply. These charges reflect that certain costs may be non-refundable. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and a fee may be payable in accordance with clause 7. Any new arrangements you request will be treated as an entirely new booking.
B. Transfer of Booking: If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a) that person is introduced by you and satisfies all the conditions applicable to the holiday; b) we are notified not less than 7 days before departure; c) you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and d) the transferee agrees to these Booking Conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
IMPORTANT NOTE. Certain arrangements (e.g flights) may not be amended or transferred 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 have to pay for the cancelled arrangements and having to purchase new ones at full cost.
7. Cancellations made by you.
Should you or any member of your party need to cancel your booking or any part of it, once it has been confirmed, you must notify us as soon as possible. You can notify us by phone, email or in writing. Your notice of cancellation will only take effect when it is received by us and will be effective from the date on which we receive it. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. The charges which we will impose are set out below, and their level will depend on when we receive your written notification of cancellation. Any amendment fees, insurance premiums, airport taxes or higher level deposit paid cannot be refunded and are payable in full. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Pre departure at which notice of cancellation is received | Cancellation charges |
---|---|
More than 84 days | Deposit only (including initial deposits, where applicable, and further deposits)* |
84 – 70 days | 50%* (but no less than the deposit value) |
69 – 43 days | 70%* |
42 – 29 days | 80%* |
28 – 15 days | 90%* |
14 days or less | 100% * |
The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period, taking into account the charges we will incur from our suppliers (some of which will be up to 100%) and the expected cost savings and income from alternative deployment of the travel services (if possible) calculated as an average charge over a period of time.
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur cancellation charges from your suppliers (up to 100% of booking value) in addition to the charge above. Please note that any services booked through us and supplied by Holiday Extras are cancelled in accordance with Holiday Extras own terms and conditions, and could be non-refundable. Therefore, in the event of cancellation, it is possible that no refund will be given to you on that part of your booking. Note: cancellation charges above are shown as a percentage of holiday cost (excluding insurance premiums or amendment fees). Please ensure that you are in receipt of written confirmation from us of your cancellation. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. We will deduct the cancellation charge(s) from any monies you have already paid to us. Important note: Airport taxes are not refundable if your holiday is cancelled. Please be advised that if you pay a higher deposit at the time of booking, e.g 50% of the cost of your holiday then this is a non-refundable deposit, because it relates to a non-refundable element of the booking as per our supplier’s terms.
For flight inclusive bookings, you must in addition pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
Cancellation by You due to Force Majeure Unavoidable & Extraordinary Circumstances: You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. This clause 7 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134).
We start planning the holidays many months in advance. Whilst it is unlikely that we will have to cancel your holiday or make changes to it, occasionally we may have to do so, and we reserve the right to do so at any time. We also reserve the right to make changes to or correct errors in our brochure, and on our website. Further, your flight details may change, or a hotel may close down. If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. 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 or higher standard, changes of carriers.
Please note that carriers such as airlines used in the brochure or on our website may be subject to change. We promise not to make any significant changes (as described below) to or cancel your confirmed holiday arrangements less than 28 days before departure, unless we are forced to do so as a result of force majeure (see clause 11) or (in the event that we cancel) because you have failed to pay for your holiday in accordance with these Booking Conditions. If we have to cancel or make a significant change to your arrangements, we will tell you as soon as possible and we will give you the following choices:
a) Accepting the changed arrangements as notified to you; or b) Accepting an offer of alternative travel arrangements of a similar or higher standard to that originally booked if available with you paying an additional fee or receiving a refund in respect of any price difference c) Accepting an offer of alternative travel arrangements of a lower standard to that originally booked if available (with a refund in respect of any price difference) d) Cancelling or accepting the cancellation and receiving a full & prompt refund of all monies paid to us.
A significant change is a change made before departure which, on the basis of the information given to us by you at the time of making your booking, we can reasonably expect will have a major effect on your holiday. The following changes are examples of significant changes when made before departure:
- A reduction in the number of nights of your holiday
- A significant change to your itinerary, missing out one or more destination entirely
- A change of your outward departure time or overall length of your arrangements by more than 12 hours
- A change of UK departure airport except between
i) The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend ii) The South Coast airports: Southampton, Bournemouth and Exeter iii) The South Western airports: Cardiff and Bristol iv) The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield v) The Northern airports: Liverpool, Manchester and Leeds Bradford vi) The North Eastern airports: Newcastle and Teesside vii) The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
- A change from a day flight to night flight (providing time of departure is changed by more than 8 hours for shorthaul and 12 hours for longhaul). A night flight which is changed to depart after or before midnight is not a change of date. A change of overseas airport, return UK airport or return flight time of less than 12 hours will not be a significant change. Where your airport is changed we promise to transport you from your overseas accommodation to your alternative overseas airport or from your UK airport of arrival to your UK departure airport (except for changes made from/to: Gatwick / Heathrow / Stansted / Luton or Glasgow / Prestwick or Birmingham / East Midlands).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the alternative booking arrangements. We will not cancel your travel arrangements less than 84 days before departure, except for reasons of force majeure or failure by you to pay the final balance. In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(i) if, where we make a significant change, you do not accept the changed arrangements and cancel your booking; (ii) If we cancel your booking and no alternative arrangements are available and/or we do not offer one. If we make a significant change and you do not accept the alternative arrangements or if we cancel less than 84 days before departure, we will also pay compensation as detailed:
Period before departure | Compensation per person |
---|---|
84 – 15 days | £10 |
14 days or less | £20 |
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
IMPORTANT NOTE: We will not pay you compensation and the above options will not be available where:
(i) we are forced to make a change or cancel as a result of force majeure (see clause 11); (ii) we make a minor change; (iii) we cancel as a result of your failure to make full payment on time; (iv) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. (vi) where we make a significant change or cancel your arrangements more than 84 days before departure;
Compensation will not be paid in respect of children staying at hotels for free and, where payable, will be paid on a pro-rata basis of the adult rate where children have received a reduced rate. Very rarely, we may be forced by force majeure (see clause 11) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to pay you compensation or meet any costs or expenses you incur as a result. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
Where your flight or other transport arrangement forms part of your booking with us, if you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under retained EU Law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Under EC 261/2004 (denied boarding and flight disruption) if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it. Full details of these rights will be publicised at EU and UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. We have no liability to you in these circumstances whatsoever and your claim for this assistance and any compensation must be made directly to the airline. Liability of an airline under EU 261/2004 will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). The carrier(s), flight timings and types of aircraft shown in this brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know. Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_e) detailing air carriers that are subject to an operating ban with the EU Community and a UK List (available at https://www.caa.co.uk/Data-and-analysis/Safety-and-security/Banned-airlines-list/) detailing air carriers that are subject to an operating ban within the UK. This brochure and our website is our responsibility, as your tour operator. It 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 your travel arrangements.
Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. You are reminded that captains of aircraft have absolute authority over the aircraft and its passengers whilst boarding or in flight. The captain or other authorised representative of an airline can refuse to carry anyone if they are unruly or otherwise unfit to travel. If you are refused carriage in these circumstances your holiday will terminate immediately and we shall have no further responsibility or liability to you.
17. Flight information
The Package Travel and Linked Travel Arrangements Regulations 2018, as amended require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security for flight inclusive packages by way of a bond held by the Civil Aviation Authority of CAA House, 45-59 Kingsway, London WC2B 6TE, claims@caa.co.uk under ATOL number 1631. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate from us (or via our authorised agent through which you booked). 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. For further information, visit the ATOL website at www.atol.org.uk.
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 (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. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA). Please ask us to confirm what protection may apply to your booking. We provide financial security for holidays not including flights by way of a bond held with ABTA of 30 Park Street, London, SE1 9EQ, No. V0211.
If your package holiday does not include flights, ABTA will financially protect your holiday in the same way. If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply so your monies will not be financially protected. Please ask us for further details. A package holiday is defined as more than one of the following when they are booked and paid for at an inclusive price: flights, accommodation plus any other tourist services that are not ancillary to transport or accommodation.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation or comply with any entry, passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
It is your responsibility to check any health and vaccination requirements applicable to your booked arrangements. We can only provide general information about this. Health and hygiene facilities and disease risks vary from country to country. You should take health advice about your own needs as early as possible and in good time before your departure. Sources of information include www.fco.gov.uk, www.travelhealthpro.org.uk, www.hpa.org.uk, your General Practitioner or a specialist clinic.
Pregnancy – Airline regulations state that women 28 weeks pregnant or more into pregnancy at the time of return travel must have a medical certificate or fitness to travel document.
- Two Star – Standard medium class.
- Two Star Plus – Standard plus medium class.
- Three Star – Medium class.
- Three Star plus – Superior medium class.
- Four Star – Standard first Class.
- Four Star Plus – Standard plus first class.
- Five Star – Superior first class.
Additional properties will be available on the website which have not been inspected by a member of our staff we are therefore reliant on information provided to us in good faith. Please note that star ratings are provided for guidance only and are liable to change without notice. Where your chosen accommodation’s star rating is reduced after you have made your booking, this would not constitute a significant change and we would not have any liability to you for this.
Changes and Cancellations by Mercury Holidays
If we have to cancel or make a significant change to your arrangements, we will give you the following choices:
a) accepting the changed arrangements as notified to you;
b) purchasing another tour from us, of a similar or higher standard to that originally booked if available (at no extra cost);
c) purchasing another tour from us, of a lower standard to that originally booked if available (with a refund in respect of any price difference) or
d) cancelling your booking or accepting the cancellation & receiving a full & prompt refund of all monies paid to us.
Please note that the above options and/or compensation (including any reimbursement of independent travel arrangements) shall not be payable in the following circumstances:
- Where the change we make is a ‘minor change’;
- In the event that we are forced to make a change or cancel as a result of force majeure (as defined in clause 11);
- where we cancel as a result of your failure to make full payment on time;
- where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you;
- We cancel your arrangements because the minimum number of participants to run the tour has not been reached. (We will tell you if we have to cancel for this reason not less than 28 days before departure).