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ABTA ATOL

For your financial protection

Booking Conditions

 

"Your Financial Protection
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."

The following Booking Conditions form the basis of your contract with Czech-It-Out Limited trading as Goa Way. We hold air Travel Organiser’s Licence No 5237 Issued by the Civil Aviation Authority. These arrangements mean your money will be refunded or you will be brought back to the UK if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency. Please read these conditions carefully as they set out our respective rights and obligations. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Czech-It-Out Limited trading as Goa Way.


1. Making your booking

To make a booking, you must telephone our reservations department. The person making the booking (The party leader) must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons on the booking. By making the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us.
Once we have received all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader or your travel agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. Minors under 16 are not allowed to travel on their own.


2. Payment

In order to confirm your chosen holiday, a deposit of £100.00 per person (or full payment if booking within eight weeks of departure) must be paid at the time of booking. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking (you must be insured - see clause 7).
The balance of the holiday cost must be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be payable. For flight inclusive bookings, all monies paid to such agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you.


3. Your contract

A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader or your travel agent. We accept the jurisdiction of the Courts in any part of the UK in which the client is domiciled. For clients not domiciled in the UK the Courts of England shall have sole jurisdiction.

4. The cost of your holiday

We reserve the right to change our prices at any time. The price of your chosen holiday will be confirmed at the time of booking. Once the price of your chosen holiday has been confirmed, then subject to the correction of errors, we will only increase the price in the following circumstances: direct government action, increase in transportation costs and/or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports. Even in the above cases, we will absorb increased costs up to a total amount equivalent to 2% of the cost of your confirmed holiday (excluding insurance premiums and any amendment charges). Only if the increased costs exceed this 2% will we levy a surcharge and where a surcharge is payable we will levy an administration charge of £5.00 per person together with an amount to cover agent’s commission (if applicable). If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us except for insurance premiums and amendment charges. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel for this reason. 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. We promise not to levy a surcharge within 30 days of departure.

We reserve the right to correct errors in both advertised and confirmed prices including those prices included in any special offers we may run. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

5. Changes by you

Should you wish to make any changes to your confirmed holiday, you must notify us in writing at least two months prior to the date of departure. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £25.00 per person per amendment will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

6. Cancellation by you
Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at the office through which you made your original booking. As we incur costs from the time we confirm your booking and may be unable to re-sell your holiday, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and any amendment / cancellation charges which have already been incurred. Insurance premiums and amendment / cancellation charges are not refundable in the event of the person(s) to whom they apply cancelling.

Period before departure within which written notification of cancellation is received by us
  Cancellation charge per person cancelling
     
More than 56 days
  Deposit only
Between 28 and 56 days
  50%
Between 15 and 27 days   75%
14 days or less
  100%

7. Insurance

We consider adequate travel insurance to be essential. If you decide not to purchase this insurance, then you undertake on behalf of yourselves and all members of your party to indemnify both ourselves and our overseas agents and representatives (as applicable) for any costs, expenses or losses we/they incur which would otherwise have been met had such insurance cover been taken out. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.

8. Changes and cancellation by us

We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a “significant change”. “Significant changes” include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours or a change of departure or arrival airport (except between airports within the same city airport system, or changes of aircraft type). If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

(a) (for significant changes) accepting the changed arrangements or

(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or

(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will pay you compensation subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or [we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached - in this case we will notify you at least 8 weeks prior to departure. No compensation will be payable if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). In all cases, our liability for significant changes and cancellations is limited to offering you the above mentioned options and, where applicable, compensation payments. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel more than 8 weeks before departure. Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

9. Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

10. Our Liability to you

(1) The accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers. However, subject to these Booking Conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable where any failure to perform or improper performance of the whole or any part of our contract was due to:-

(a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of the party or
(b) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
(c) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.

(2) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you or any member of your party on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £45 per person affected as you are assumed to have taken out adequate insurance at the time of booking. Please also see clause 10(4) below.

(3) It is a condition of the acceptance of liability set out in clause 10(1) of these Booking Conditions that you notify us of any claim you and/or any member(s) of your party has in accordance with clause 11 “Complaints and problems”. For all claims, any person(s) to whom any payment is made (and their parent or guardian if that person is under 18) must assign to ourselves or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide ourselves and our insurers with all assistance we may reasonably require.

(4) Except where otherwise expressly stated in these booking conditions, where any claim or part of a claim concerns or is based on any travel arrangements made by us (including the process of getting on or off the transport concerned) which are provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention (e.g. Warsaw Convention as amended for international travel by air and/or, for carriers with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for international and national travel by air, Athens Convention for international travel by sea) in that situation. You must give credit for all payments due or received from any carrier or hotel keeper which in any way relate to the claim in question.

11. Injury, illness or death not resulting from the holiday arrangements

If you or any of your party suffers illness, injury or death, through misadventure, as a result of an activity which does not form part of your contracted holiday arrangements, we will provide you with all reasonable assistance. This assistance may include our making contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total of cost to ourselves of £5,000 per booking from. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay us the costs and expenses we spend in assisting you.

12. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question. If necessary, you should call our London office. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness. If you fail to follow this simple procedure we may not be able to accept responsibility as we have been deprived of the opportunity to investigate and rectify the problem.

13. If you have a complaint which cannot be resolved to your satisfaction, you may decide to have the dispute dealt with

by arbitration under a special ABTA Arbitration Scheme. Although arranged by ABTA, this Scheme is administered quite independently by Chartered Institute of Arbitrators. The Scheme (details of which can be supplied to you on request) provides for a simple and inexpensive method of arbitration with the case being decided on the basis of written statements and documents only. Your liability to pay any costs is also restricted. The most which can be claimed under this scheme is £5,000 per person up to a maximum of £15,000 per booking. It does not generally apply to personal injury claims except those involving minor injury or illness where the maximum amount which can be claimed is £1,000 per person. Nor does it apply to claims which are solely or mainly in respect of physical illness or the consequences of such injury or illness. If you wish to use the Scheme, you must request this in writing within 9 months of the scheduled end of your holiday.

14. Behaviour

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

15. Conditions of suppliers.

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see clause 10 (4)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

16. Special requests and medical problems

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. [We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking. In any event, you must give us full details in writing at the time of booking.

17. Passports, visas and health requirements

Requirements may change and you must check the up to date position in good time before departure. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a completed and issued form E111 (details in leaflet T6 referred to above) prior to departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. 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. You must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

18. Brochure Accuracy

Please note, the information and prices shown in our brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of our brochure and prices, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your travel agent at the time of booking.

Our brochure is our sole responsibility, it is not issued on behalf of and does not commit any independent organisation/carrierswhose services are featured in it.

19. Delay

We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc

20. Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.

21. Flights

The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched - we will contact you as soon as possible if this occurs. We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges. Please note in relation to flights that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve accommodation onboard the airline advised at the time of booking or such other airline as may be substituted. It is your responsibility to reconfirm the onward or return sectors of any air journey with the carrier concerned or such carrier’s duly authorised agents and according to such carrier’s regulations.