Holiday details

What is ATOL and what can it do for me?

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"ATOL" means an "Air Travel Organiser's Licence" granted by the Civil Aviation Authority (CAA). Firms selling air travel in the UK are required by law to hold ATOLS. ATOLs protect you from losing money, or being stranded abroad, when travel firms go bust.

Before any firm gets an ATOL, it has to lodge guarantees with the CAA: if it goes out of business, the CAA gives refunds to people who can't travel, and pays for people abroad to finish their holidays and fly home. This protection is included in the price of a holiday booked with an ATOL-holder. Please note ATOL Travel Protection extends primarily to customers who book and pay in the UK.

The Contract

Please read these terms and conditions carefully. They apply to all holidays and flights described in this brochure/website and they deal with your rights and obligations to us and ours to you. We are committed to a policy of fair trading and make every effort to ensure that you have an enjoyable holiday with us.

Consumer Protection & Financial Security

The air holidays and flights in this brochure/website are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is 6142. 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 us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk

Your Holiday Contract

As soon as we dispatch your holiday confirmation invoice, but not before, your contract with Just Sunshine takes effect. Once the contract is made, we are responsible to you to provide the holiday you have booked (unless the holiday is cancelled due to the minimum group number not being reached) and you are responsible to us to pay for it subject to our advertised terms and conditions detailed elsewhere in the brochure/website. Please note it is important to check carefully the written confirmation of your booking when you receive it, or, if booking late, that all the details are exactly as requested at the time of booking. Our responsibility is to provide you with the holiday you have booked as described in the brochure/website and as confirmed to you. If you wish to cancel or change your booking you may have to pay cancellation or amendment charges. With parties of two or more people, the person who makes the booking accepts responsibility for making all payments to Just Sunshine Ltd for all members of the party. We will send all documents and other information to that person who will, in turn, be responsible for ensuring that the other members of the party are kept fully informed.

Prices

All prices in the brochure/website are in pounds sterling per person and are based on two persons in a single room. As this brochure/website is prepared many months before the start of the holiday season to which it relates, we reserve the right to raise or lower prices at any time before you book. If, at the time of booking your holiday, the price has changed from that shown in the brochure/website you will be advised of the new price applicable to your booking before you confirm the holiday reservation. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.

Payment

Payment for your holiday is as follows - a) if you book more than 10 weeks before your holiday departure date you are required to pay a deposit of �100 per person. The balance is payable 10 weeks before departure and will be taken automatically by Just Sunshine from the debit or credit card with which you paid the deposit. b) if you book less than 10 weeks before departure you must pay the full price of your holiday at the time of making the booking. In the event of Just Sunshine's flight allocation being full and additional seats being bought in from another operator, you may be required to pay, in advance, for the full flight element of the holiday to secure the holiday booking. In such cases the minimum cancellation charge, in the event of you cancelling the holiday, would be the cost of the flight. Payment may be made by cheque (if there is time to clear it to meet the payment schedule shown above - you should allow 5 working days for clearance from the time we receive it), or with a debit or credit card (a surcharge may apply) acceptable by Just Sunshine. We reserve the right to cancel your holiday if you fail to make payment on time. In this case, you would then owe Just Sunshine the cancellation charges set out below.

Special Requests

If you have a special request which does not form part of the holiday as described in the brochure/website (for example, dietary requirements or room location) please let us know. We will always try to provide such requests but cannot guarantee to do so. Under no circumstances will such requests be accepted by us to form part of our contractual obligations and there will be no liability on our part if they are not met.

Holiday Insurance

It is a condition of booking that you take out Just Sunshine's holiday insurance or arrange another policy which provides you with at least the same amount of cover. The cost of medical and other treatment overseas can be high, and, if no insurance is taken, we will not be able to assist you in any way in the event of illness or an accident. Please also ensure that you are fully protected against possible flight delays. If you do not take our insurance, we require you to give us details of the alternative insurance you have arranged. As cancellation cover applies immediately, no refund of insurance premiums can be made. We believe the cover offered by Just Sunshine's insurance is adequate for most people, but, should you need additional cover for whatever reason, or should you wish to increase the insured amounts, it is your responsibility to arrange additional cover. Please note that all pre-existing conditions must be declared at the time of purchasing the insurance.

If You Wish To Make Changes

Should you wish to change any of the details of your booking once the booking is confirmed by us, we will do our best to help. However, we have no obligation to make any change other than to allow you or any member of your party who is prevented from travelling to cancel the booking. Any changes must be confirmed in writing by the person who made the booking. Please note that a change of resort will be treated as a cancellation and re-booking. Please note too that we cannot accept any changes communicated to us by any other person on the booking. All correspondence should be sent by recorded delivery. If an amendment to the holiday is possible, a charge will be made as outlined in the scale below :

When notification of change is received more than 70 days before departure, the charge is �50 per name change and �60 per person for other changes.

When notification of change is received within 70 days of departure, cancellation charges will apply.

In addition to the charges shown above we may also have to charge you any additional costs involved. Scheduled airlines and certain charter airlines normally regard name changes and date changes as a cancellation and re-booking so any name change at any time may incur a 100% cancellation charge. It is not possible to change your departure date to a later or earlier date without incurring charges as shown under 'other changes'.

Changes whilst on holiday

If you wish to make any change whilst on holiday (e.g. changing your accommodation or resort, extending / curtailing your stay) all requests are subject to availability and normal booking conditions will apply. There will be cancellation and / or amendment charges if you change from one resort / hotel / cruise to another during your holiday.

If You Cancel

In certain cases, we start to incur costs for your holiday from the time we confirm your booking. Should you cancel, the closer your departure date is, the less likely we will be able to re-sell the holiday. It follows, therefore, that if you cancel your holiday there will be a cancellation charge, and the later the cancellation, the higher that charge will be. If you wish to cancel your holiday, the cancellation must be in writing and authorised by the person in whose name the booking is invoiced. These written instructions should be sent immediately to our administration department. Letters should be sent by recorded delivery. Cancellation takes effect from the date we receive your letter. Cancellation charges will be calculated as set out in the table below and will be notified to you within 2 weeks of cancellation (please remember these charges also apply if you fail to make payment on time and, as a result, we cancel your holiday) :

When the cancellation letter is received by us more than 70 days before departure we will charge you your deposit.

When the cancellation letter is received by us between 42 and 70 days before departure we will charge you 60% of your holiday cost or the deposit if that figure is greater

When the cancellation letter is received by us between 22 and 41 days before departure we will charge you 80% of your holiday cost or the deposit if that figure is greater

When the cancellation letter is received by us 21 days or fewer before departure we will charge you 100% of your holiday cost

Please note that if the reason for your cancellation is covered under the terms of your insurance policy (whether arranged through us or otherwise) you may be able to reclaim your cancellation charges subject to any excess payable. Cancellation charges exclude the insurance premium which is not refundable. Christmas holidays and holidays involving scheduled flights may involve higher cancellation charges and these will be advised at the time of the proposed cancellation.

If We Cancel or Make Changes

The Just Sunshine brochure/website is prepared many months before the holiday season (to which it relates) commences so changes may be made to the information contained in it. If any material changes occur before you book, we will tell you at the time of booking. It may be necessary, even after we have confirmed your booking, to amend your holiday arrangements. Most changes will be of a minor nature (e.g. changing to accommodation of the same or higher category) and will have little effect on your holiday. If possible, we will inform you as soon as possible before your departure but will have no other liability to you. Occasionally we may have to make a significant change (including cancellation) to your holiday after confirmation. Significant changes are as follows : * Change of UK departure airport (other than Gatwick, Heathrow, Stansted or Luton which are all classified as a London airport), *A single change of your time of departure from the UK by more than 12 hours, * Change of resort area, * Change of accommodation where the new accommodation is of a lower official category (where applicable). If we have to make a significant change we will notify you as soon as possible and you may then : a) Accept the change and the contract between us will be varied to incorporate the change. b) Purchase another available holiday from us at its advertised price. c) Withdraw from the booking completely in which case we will refund all monies paid to us. However, we will not cancel your holiday less than 4 weeks before your departure date except for reasons of force majeure or failure by you to pay the final balance. On all multi-centre holidays, Just Sunshine reserves the right to amend the holiday itinerary for operational reasons.

Force Majeure This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.

Our Liability To You

We accept full liability for the proper performance of our obligations under our agreement with you for the provision of your holiday. If you or any member of your party suffers damage by our failure to perform or our improper performance of our agreement with you for the provision of your holiday, we accept liability except in the following circumstances :

a) if the failure or improper performance is your fault or the fault of any member of your party
b) if the failure is the fault of someone else not connected with the provision of the services which make up the holiday which we have confirmed to you
c) any unusual and unforeseeable circumstance beyond our control, the consequences of which could not have been avoided even if all due care had been exercised
d) any event where we or the supplier of any service, even with due care, could not foresee or forestall. Our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract. And Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail, and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers, and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

Complaints Procedure

If you have a complaint while you are on holiday you must inform the local representative or agent and the appropriate supplier immediately who, in turn, must inform our UK office. They will do their best to resolve the problem to your satisfaction. If you wish to pursue your complaint on return to the U.K., you must write to our Customer Services Department at our London office and send the letter by recorded delivery. We regret we cannot, at any time, accept telephone calls relating to complaints nor can we accept any complaint received more than 28 days after your return to the U.K. Please note that compensation and/or refunds, where applicable, will be paid to the person in whose name the booking was made.

Flights and Flight Timings

The flights in this brochure/website are scheduled to be operated by First Choice Airways, Thomsonfly, Thomas Cook Airlines, MyTravel Airways, Monarch, BMI, SunExpress, FlyJet, Turkish Airlines, Pegasus, Onur Air, British Airways, Air Carthago, Nouvelair, Air, Excel Airways, Astraeus Airlines, FlyGlobespan, LTE, Ryanair and easyJet. However, we reserve the right to change airlines and aircraft type without notice. Such changes will not be regarded as "significant" and you will not be entitled to cancel your holiday without paying the appropriate cancellation charge (see "If You Cancel"). Certain flights may require a technical stop en route (e.g. refuelling or picking up passengers). Where this is known in advance you will be advised accordingly. Although the flight times in this brochure/website are correct at the time of going to press, they are subject to alteration by, amongst other things, the various UK and overseas airport scheduling committees. All flight timings are provisional and are for guidance purposes only. Confirmed flight timings will be those shown on your flight ticket(s). You may be entitled to cancel your holiday booking without penalty when the change to your flight times is 12 hours or more (see "If We Make Changes"). All bookings are accepted subject to the Civil Aviation Authorities granting the relevant licences. You are reminded that aircraft captains have absolute authority over the aircraft and its passengers while boarding or in flight. The captain or other authorised representatives or the airline(s) can refuse to carry anyone if they are unruly or deemed unfit to travel or are seen as a danger to the flight or any other passengers. This decision is final and not open to appeal. If you are refused carriage in these circumstances, your holiday will terminate immediately as will the contract between you and Just Sunshine and we will have no further responsibility or liability to you.

Indemnity

When you book a Just Sunshine holiday you accept responsibility for the proper conduct of yourself and, where applicable, your party whilst on holiday. We reserve the right to cancel any holiday at any time. We also reserve the right to cancel or terminate your holiday and/or that of any member of your party due to misconduct. If your actions or those of any member of your party cause damage to the accommodation in which you are staying or cause delay to any flight or other means of transportation, you agree to fully indemnify us against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation or other operator of such flight or other means of transportation

Jurisdiction

The contract arising from any confirmed holiday booking is to be interpreted and is subject to the law of England. We agree to submit any dispute or claim under it to the English Courts (if you live in England or Wales), to the Scottish courts (if you live in Scotland) or to the Northern Ireland courts (if you live in Northern Ireland).

Subject to Availability

Please note that all holidays in this brochure/website are subject to availability and that all offers are subject to availability and may be withdrawn without notice.

ATOL 6142 Just Sunshine Ltd. Registered in England, Reg. No. 4572658