Terms & Conditions
These conditions apply when we are the organiser of your package including travel by air combined with a hotel, villa, car hire and cruise bookings. In all other cases, The Kernow Travel Company are simply an agent for the airline concerned and you will receive a Confirmation Invoice from them after the booking has been made. Where we act as an agent, only clauses 15 -17 apply and you should ask for a copy of the airlines booking conditions before confirming your holiday if you have not seen them already.
Your contract is with The Kernow Travel Company, a retail agent of Major Travel Plc registered in England. Our address: 151 Creak-a-Vose Park, St Stephen, St Austell, UK, PL26 7ND. A contract will exist when we have accepted a deposit and issued our confirmation invoice. These Booking Conditions, together with any other information brought to your attention before you booked your package, form the basis of your contract. Please read them carefully as they set out our respective rights and obligations and all bookings are accepted by us subject to these Booking Conditions. In these Booking Conditions references to “we” and “us” mean The Kernow Travel Company and “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf a booking is made.
1. We reserve the right to make changes to the details contained in any brochure or on our website before a contract is entered into. Any such changes will be communicated to you before a contract is concluded. You should carefully check your written confirmation to ensure that it is correct and exactly matches what you booked. If it is not you must contact us within 24 hours of receiving your confirmation to inform us of any inaccuracy, and take a note of whom you reported it to. If you do not do so, any necessary changes will be at the usual cost of amendments to this contract.
2. To make a booking a non-refundable deposit is required at the time of booking. We strongly recommend you take out comprehensive travel insurance as soon as your booking is confirmed.. Full payment must be received at least 10 weeks before departure. If the balance is not paid in time, we reserve the right to cancel the booking and retain the deposit. All reservations made less than 10 weeks prior to departure require full payment at the time of booking. Some airfares will require full payment at the time of booking in which case you will be advised when booking and this airfare may also be non refundable. Should you need to cancel after booking, the cancellation charges set out below will apply.
3. We reserve the right to make changes to the prices advertised before your booking is confirmed. After booking any 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 increase or decrease. We will absorb 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. 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 and insurance. If you wish to cancel you must do so within 14 days from the issue date printed on your final invoice. If the price of your holiday falls by more than 2% we will offer an appropriate refund. We provide full financial protection for you through our ATOL licence number 2933. 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 www.atol.org.uk.
4. Should you wish to change any of the details of your booking after we have confirmed it, we will do our best to help, however we may not always be able to meet your request and we cannot guarantee that we will be able to do so. Requests for changes should be made by the person who made the booking. Whenever requested changes are possible, the total itinerary costs will be recalculated, taking account into any seasonal flight or occupancy rates, cancellation charges or other supplements and a revised invoice will be issued. Additionally we will charge you £50 per person, per change up to a maximum of £100 per booking. Please note that changes to flights are will usually be treated as cancellations by airlines. Some flights have conditions which mean no changes can be made after we have confirmed the booking without you having to pay the full cost of the tickets originally booked. 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 cancellation fees will be payable.
5. To cancel your holiday, you must contact us in writing, your cancellation will only be effective on the day it is received in writing at our offices and the following charges will apply:
More than 71 days before departure: Loss of deposit, and airfare if advised at the time of booking
Les than 30 days:
Refunds, where applicable, are subject to the immediate return of all travel documents, such as tickets and vouchers. Unused services such as certain airfares partially used car rental or accommodation, are non refundable. Many air tickets have no refund value whatsoever and therefore airlines may impose 100% cancellation charges from the time of booking. We recommend that you take out appropriate travel insurance to cover such charges as you may be able to claim back the cancellation fees if the cancellation is covered by a suitable insurance policy.
6. On occasion it may be necessary to amend or cancel your arrangements, which we reserve the right to do at any time. ‘Minor’ changes, if they occur, may not necessarily be advised and will not qualify for compensation. In the case of ’significant changes’ we will inform you as soon as is reasonably possible, if there is time before your departure. A major change is one that we make to your arrangements before departure, such as changing your departure airport (except between Heathrow, Gatwick, Luton and Stansted) dependent upon particular circumstances, or a difference of more than 12 hours in departure times, or a change in your cruise ship, resort area or an offer of a lower classification cabin or hotel accommodation. In these cases you have a choice of:
a) accepting the changed arrangements as notified to you. b) Transferring to an alternative booking if we are able to offer one (please note that the price may differ from the original booking.) or c) Cancelling your arrangements and receiving a full refund. You must notify us of your choice within 7 days of our offer of the alternative booking arrangements. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements.
In no case, except for reasons of force majeure or failure on your part to pay the final balance, will we cancel your booking be cancelled less than 10 weeks before departure. If, however, your booking is cancelled, for example because the cruise is no longer operating less than 10 weeks before departure, compensation will be payable as set out below. In addition, we will offer alternative arrangements of a comparable standard if available, or return all monies paid.
The above options are not available where any change is minor or where the changes or cancellation by us arises out of alterations to the confirmed booking requested by you.
7. We will provide details of the relevant airline routing and intermediate stops as soon as possible, usually on the confirmation invoice but any changes to the actual airline or routing are considered to be a minor change and if this happens, you will not be entitled to cancel without penalty nor will compensation be paid. As between you and any airline, the airline’s standard conditions of carriage will apply which may limit the airline’s liability to you in certain circumstances. Airlines rescheduling, flight timings and aircraft are subject to such matters as regulatory control, maintenance requirements, weather conditions and the ability of passengers to check in on time. In the event of delay, responsibility for making special arrangements will rest with the airline concerned and The Kernow Travel Company will not be in a position to assist you. In extreme cases you may be entitled to compensation under your insurance policy. You are strongly recommended to contact the airline before commencing each flight to reconfirm its departure time. Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. We cannot be held liable if there is any change to a departure/ arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights, with the airline, 72 hours prior to departure.
We are also unable to make any special arrangements for the client if the client is delayed; these matters are in the sole discretion of the airline concerned. When you receive your tickets and travel documents you should check them carefully as times may have changed since you made your booking. You must check in at least two hours before the stated departure time. We will not be liable for any costs you have to pay if you fail to meet this deadline.
8. We cannot accept liability or pay compensation where the performance and/or prompt performance of our contractual obligations to you is prevented by or affected by “force majeure”. In these Booking Conditions “force majeure” means any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. Such events include but are not limited to cancellation of a special event by the organisers, industrial disputes, terrorist activity, natural, nuclear, chemical or biological disaster, fire, adverse weather conditions, and all similar events outside our control.
9. It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to your itinerary. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements and other immigration requirements for you and your party are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your own specific circumstances. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to indemnify us in relation to any costs which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk. For further information visit www.passport.gov.uk.
It is your responsibility to check visa requirements for your destination. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. If you do not hold a British Citizens passport, you must contact the Embassy, High Commission or Consulate of your destination, for up to date advice on passport requirements.
10. If you have a problem during your holiday, please inform the relevant supplier (e.g. your air line or hotelier) or our local agent/representative immediately who will endeavour to put things right, failing this please call us on 02070847471. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Relations Department at The Kernow Travel Company, Unit U, Old Imperial Laundry, 71 Warriner Gardens, SW11 4XW London UK, giving your booking reference and all other relevant information. We aim to respond as quickly as possible but as it may be necessary to contact suppliers overseas, we will advise you of any expected delays. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
11. (a) Subject to these terms, we accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described on our website or in our brochures. If, after departure, any parts of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers, acting in the course of their employment, we will pay you appropriate compensation, if this has affected the enjoyment of your travel arrangements. However, our liability in all cases shall be limited to a maximum of twice the value of the element not supplied excluding flights. The level of such compensation will taking into account all relevant factors including the invoice price of the tour, any steps it was reasonable for you to take to take to minimise the inconvenience or damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the package.
(b) Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or any member of your party, unless you are able to prove that such injury or illness was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you. It is a condition of the payment of compensation that you notify us of any complaint or claim as soon as possible and , assign to us any rights that you may have against any third party in connection with your claim. You must co-operate with us and our insurers in this regard. If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you booked with us – including for example any additional services or facilities provided to you by a cruise line, hotel or any other supplier which was not included as part of the original contract between us – we will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances provided we are advised of the incident within 30 days of the occurrence. We will not be responsible where you do not enjoy the holiday or suffer any other problems because of a reason which you did not make us aware of when the holiday was booked.
(c) And in all claims of whatever nature we will not be liable where the alleged loss or damage results from the fault of the person(s) affected or any members(s) of their party,. the fault of a third party not connected with the provision of your holiday or an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care . However we will always aim to offer assistance to you even in those cases where we have no liability to you.
Please note that the extent of our liability will in all cases be limited as if we were carriers under the appropriate conventions, such as the Warsaw and Montreal Conventions (international travel by air)and the Athens Convention (with respect to sea travel); You can ask for copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
The promises we give to you regarding the services we have agreed to provide or arrange as part of the contract, and the laws and regulations of the country in which your claim or complaint occurred, shall be used as the basis for ascertaining whether or not the services in question have been properly provided. If the services in question which caused the claim or complaint complied with the local laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided. Such shall be the case even if the services did not comply with the laws and regulations of the UK which would have applied if those services had been provided in the UK.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices at. Major Travel Plc. Registered office Building 3, 2nd Floor, The Exchange, Brent Cross Gardens, London NW4 3RJ
12. If you have any special requests for adjacent cabins or non-smoking rooms or a special diet, these should be made at the time of booking. We have no direct control over the provision of many services, such as specific cabin or seat numbers and whilst making every effort to obtain such facilities, we cannot guarantee their provision and such requests form no part of the contract.
13. If you are forced to return home early, we cannot refund the cost of any services you have not used, but you may be covered by your travel insurance. All guests are expected to conduct themselves in an acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party.
14. If you or any member of your party has any medical problem or disability which may affect your holiday, please provide us with full details before you confirm your booking so that we can advise as to the suitability of your chosen arrangements. This is particularly important for cruise arrangements where certain ports may have limited or no facilities for those using a wheelchair or those who suffer from limited mobility.
15. Where we only act as an agent for a Air line, we will pass on their confirmation invoice as soon as it is received. Please check to ensure there are no errors. Our liability in this case is limited to situations of proven negligence on our part, any other claims must be directed to the Air line concerned with whom you will be in contract.
16. For the purposes of the Data Protection Act 1998 we are a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party’s members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We must pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotels, transport companies, credit/debit company or bank). The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Where your travel arrangements are to take place outside the European Economic Area, (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not.
17. These Booking Conditions and any contract to which they apply are governed in all respects by English law. Any dispute, claim or other matter which arises out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales.