Making a booking and payment.
1. A deposit of £100 per person is required if flights are included in your booking. The deposit is 25% of the accommodation / land arrangements price if flights are not required. (The full price must be paid if the departure date is within 8 weeks). No booking will be confirmed until the required deposit has been received by the Company. An additional deposit may be required for other travel arrangements which have a high cancellation penalty, for example villas, cruises, coach/rail tours and specially created holidays. You will be advised at the time of booking if a higher deposit is required. Certain air fares may require full payment at the time of booking.
Your booking is confirmed when we dispatch our written confirmation invoice and the contract between you and us comes into existence when we issue that invoice.
2. The invoiced balance must be paid at least 8 weeks before your departure date. If it is not, we may cancel the holiday booked, retain the deposit and apply cancellation charges.


Prices
3. We reserve the right to change our prices at any time before you book.
At the time of booking your holiday we will quote the latest price based on prevailing air fares and exchange rates. Because we take the risk inherent in adverse exchange rate fluctuations we make no refunds or price reductions if fluctuations are favourable.
Scheduled airlines reserve the right to increase prices at any time and the air fares, airport taxes and airport service charges shown on our confirmation invoice will only be guaranteed once full payment is received and your flight ticket has been issued.
Once you have booked and paid your deposit or full payment, the price of your holiday, other than scheduled flight arrangements as specified above, will not be subject to surcharges unless caused by the action of any government (such as the imposition of or increase in VAT, passenger service fees, airport fees and taxes). Even in this case, we will absorb 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying an increase of more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice by written notification to us from you or your travel agent. Any cancellation will apply to all members of your party.
If consumer levies are introduced to fund additional financial protection for consumers any such levy we are required to make in respect of your booking will be invoiced to you as a separate item and will not be subject to the surcharge guarantee.

Changes by you.
4. If, after issue of our confirmation invoice, you wish to change any aspect of your holiday we will endeavour to arrange accordingly provided we receive notification in writing at least 14 days before the departure date plus minimum payment of (a) any additional charge payable for the change itself; (b) £30 per booking for administrative costs and (c) any charges imposed by the applicable airline or accommodation provider. Airlines treat a name change as a cancellation of the original passenger, requiring applicable penalties to be applied, and the replacement passenger to be booked at the prevailing air fare.
Alterations cannot be made within 14 days of the departure date; any request to change received during that period will be treated as a cancellation of the booking and means we retain the deposit and apply the cancellation charges.

Cancellation by you.
5. The booking can be cancelled by written notification to us. Such cancellation applies to all of your party unless otherwise stated. Any other member of your party may cancel for himself/herself alone by giving us written notification. Upon cancellation we retain the deposit relating to the person(s) whose holiday has been cancelled and apply cancellation charges.

The departure date is excluded when calculating the relevant period.

Important note: Additionally, you may incur further charges on cancellation, e.g. because certain travel arrangements, such as those with Instant Purchase flight tickets which cannot be changed after the original reservation has been made and a 100% cancellation charge may apply and/or because, for example, cancellation by only one member of your party may mean that a single holidaymaker's supplement becomes payable in respect of another member of the party. Higher cancellation charges will normally apply to other travel arrangements such as villas, cruises, coach/rail tours and specially created holidays. It is usually possible for you to insure against cancellation charges if cancellation arises from medical or similar reason: see paragraph 12.

Changes by the Company
6. Changes to your holiday may be necessary and we reserve the right to make these at any time. Most changes are minor and we will advise you or your travel agent as soon as possible. Flight details are subject to change by the airlines. If the time of your outward or return transatlantic flight is changed by 12 + hours, that is a major change. When a major change occurs then (provided it does not arise from force majeure) you may (a) accept the change of arrangements or (b) take another available holiday from us or (c) cancel your holiday and receive a full refund plus compensation. You must inform us of your decision as soon as possible. Such decision must be on behalf of all members of your party.
The compensation payable per adult on cancellation is:

* Compensation will be paid on a pro-rata basis for children invoiced at a reduced price.

The note in paragraph 5 applies to this paragraph.
Important note: Compensation will not be payable in addition to our fully refunding all payments received if we are forced to cancel or in any way change your holiday due to war, terrorist activity, civil strife, riot, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions or the threat of any of the foregoing or to other circumstances amounting to force majeure.

Cancellation by the Company
7. Additionally, we reserve the right in any circumstances to cancel your holiday. Many holidays operate subject to a minimum number of participants. In no case will we cancel your holiday less than 21 days before the booked departure date except for reasons of force majeure or non-payment by due date of all sums invoiced for your booking. If we cancel your holiday 21 days before the departure date or for reason of force majeure later than that you may (a) take another available holiday from us or (b) receive a full refund of all payments made to us plus (provided cancellation does not arise from force majeure) compensation in accordance with paragraph 6. You must inform us of your decision as soon as possible and such decision must be on behalf of all members of your party.

9. If you have a problem during your holiday with the arrangements you have booked with us, immediately inform the relevant supplier (airline, hotel, car hire firm, etc.). If we engage a resort representative inform him/her instead. If the problem is not resolved, you must (i) immediately put any complaint in writing and hand or post it to the relevant supplier (or any resort representative) and (ii) within 30 days of returning to the UK send us a detailed written complaint. If the supplier/resort representative requires a report form you must complete and return it promptly. If we require further information you must supply that promptly in writing. This simple procedure must be followed, as both supplier and we must be able promptly to investigate the problem and to rectify it if possible. Your failure to comply with this procedure means we cannot accept responsibility.

Disputes in connection with your contract which cannot be settled amicably may (if you wish) be referred to arbitration under a special scheme arranged by the Association of British Travel Agents (ABTA) and administered independently by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. It does not apply to claims for an amount greater than £5,000 per person or £25,000 per booking form. Neither does it apply to claims solely or mainly in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees. Full details will be provided on request or can be obtained from the ABTA website.

The Company’s responsibility.

10. We accept responsibility for ensuring that the holiday you book with us is supplied as described in our website/brochure and that the services offered are of a reasonable standard. If any part of the package is not provided as promised and if this fact has understandably adversely affected the enjoyment of your holiday, we will pay you appropriate compensation. We also accept responsibility for the acts and omissions of ourselves and our employees, suppliers and agents.

The previous part of this paragraph does not apply to death, injury or illness caused by any negligent act or omission by us, our employees, suppliers, agents or sub-contractors or their employees or agents while acting within the scope of their employment in the provision of your holiday so far as the same has been booked with us (i.e., not so far as it is the subject of any separate or additional arrangement made direct with any of our suppliers or any sub-contractors or their respective employees or agents in providing additional or different services or goods pursuant to an arrangement to which we are not a party). In the case of death, injury or illness which occurs as mentioned, we will pay you and/or the relevant member/s of your party compensation payable under English law in such circumstances.

Further, in respect of carriage by air, sea and rail and the provision of accommodation, our liability will be limited as provided by the relevant international convention.

11. If you or any member of your party suffers death, illness or injury while outside the UK which arises in circumstances not covered by paragraph 10, we may at our discretion offer advice and assistance to help resolve any claim there may be against a third party. If you wish to avail yourself of this service, you must advise us of full details in writing within 90 days of the occurrence. If legal action is contemplated we reserve the right to nominate the lawyers to act and our written authority must be obtained before any proceedings are started. You must provide a written undertaking to us from yourself and/or the relevant member/s of your party to assign to us any costs recovered and any benefits received in respect of such claim under any insurance policy. We will have no liability for advice or assistance we provide. The maximum cost to be borne by us in respect of you and your party is £5,000.

12. You should insure yourself and your party against cancellation charges, medical expenses arising abroad, loss of luggage and money and personal liability at least to the same extent as afforded by either insurance cover we can provide as described in our brochure or your travel agent can provide. We strongly recommend you insure through us. However, you are free to make arrangements for yourself and your party for comparable cover or to decide not to insure. In accepting these booking conditions you contract with us on behalf of yourself and each adult member of your party that, if you do not insure as recommended by this paragraph, you and each adult member of your party absolve us from all expense and loss you, they, any member of your party under 18, we or any third party may suffer from anything which arises to the extent that an indemnity or reimbursement would have been afforded if you had arranged insurance.

13. In relation to all flights, the carrier's conditions of carriage apply to you and your party. Some of these conditions limit the carrier's and thus our liability. All car hire and motorhome rental is subject to the terms of business and pricing procedures of the rental company.

Jurisdiction.

14. All the above conditions and everything stated in our current brochures and websites are incorporated in the contract between you and us, which is governed by the law of England. If there is any conflict between the wording of these conditions and the current provisions of English statutory laws, the latter shall prevail, i.e., these conditions do not reduce your statutory rights. Both parties including all members of your party will submit to the jurisdiction of the English courts at all times unless you choose the private arbitration scheme where relevant. Time is of essence of these conditions.

12/03

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CAR RENTAL - TERMS & CONDITIONS

Our special car rental rates are only available when return air tickets for transatlantic travel are purchased from this programme.
Changes in car rental arrangements may not be made within 14 days of departure; changes made more than 14 days prior to departure will be subject to administrative charges as specified in our booking conditions.

Licence Requirements. At the time of renting, each driver must be in possession of a valid driving licence issued by their country of residence. An international driver's permit on its own is not acceptable but is required if you have a foreign language (not British) licence.
It is the responsibility of the renter/driver to observe all local traffic laws.

Collection of Car. Cars are usually only available for rental from airports and the off-airport rental stations are linked to the airports by frequent courtesy bus services. In some cities, for example, Orlando and San Francisco, we can reserve cars for pick up at “downtown” locations. Please ask for details.

Deposit. Your credit card, which must be in the name of the renter, will be debited for any incidental charges at the time of rental. Alternatively, a minimum cash deposit of $100 per car, per week will be required as security.

Minimum Age. The minimum age for drivers is 21 years. A driver aged 21-24 years inclusive, is classified an Underage Driver and, whether the main driver or an additional driver, must pay locally a charge of US$20 plus tax per day. (In New York State, where the minimum age is 18 years, drivers aged 18 to 20 years inclusive are each subject to an additional charge fee of $45.93 plus tax per day). In Canada the charge is CA$25 plus tax per day.

Additional Drivers. Each additional driver must pay locally a charge of US$5.99 plus tax per day (except in California and Nevada where there is no additional driver charge). In Canada the charge is CA$3.99 plus tax per day. Each additional driver must be present to show their valid driver’s license at the time of rental.
Additional driver(s) fees (up to a maximum of three additional drivers) are included with Super Cover Gold. This option does not include any Underage Driver Fees.

Seat Belts. It is compulsory throughout the USA and Canada for seat belts to be worn in both the front and rear seats.

Child / Infant Seats. Children up to five years old are required by law to be transported in approved child restraint seats. These must be requested at the time of booking and the cost, payable direct to the car rental company, is currently US$4.99 plus tax per day; a refundable deposit of $50 is also required. In Canada the charge is CA$5 plus tax per day.

Fuel Charges. All fuel costs are payable by the renter. When you pick up your rental car you pay for the first tank of fuel* and return the car as empty as possible. (Note: there is no credit for unused fuel at the end of the rental).
* Your first tank of fuel is included with Super Cover Gold.

Driving Areas and One Way Rentals. All rentals include unlimited mileage. Cars rented in the USA or Canada can be driven anywhere in the United States and Canada but must be returned to an Alamo location in the country where rented. Vehicles rented in Alaska must be returned in Alaska. Cars must not be driven on unpaved roads as Collision Damage Waiver and liability insurance may be automatically void. Cars may not be driven into Mexico.
See Car Hire section for vehicle types and areas where free one way rentals are permitted. One way rentals between other cities cost from US$50/CA$50; please ask for details of current costs when booking.

Basic Third Party Liability. Third party liability at the statutory minimum required by each state is included. Unlike the UK where we are accustomed to unlimited third liability American states require only a basic third party liability, as little as $20,000 in Florida and up to $50,000 in some other states. Please see the Extended Protection section below.

Extended Protection (EP). EP increases third party liability cover to $1 million and provides cover of up to $1 million for accidental death or injury to you or your passengers should you be hit by a negligent, uninsured, underinsured or hit and run motorist.
EP is included with Super Cover and Super Cover Gold.

Collision Damage Waiver (CDW). The renter is liable for any damage to the rental car up to its full value regardless of fault. CDW waives that liability although it does not apply in New York State where the renter is liable for the first $100.
CDW is included with Super Cover and Super Cover Gold.

Sales Taxes and Airport Fees are included with Super Cover and Super Cover Gold.

Carefree Personal Protection. At the time of renting you may be offered optional insurance which provides emergency medical care and transportation for the renter and authorised drivers in case of an accident and protection of personal possessions against theft, loss or damage. The cost is currently US$7.99/CA$7.99 per day, payable to the car rental company. If you have taken out travel insurance you may consider you already have adequate cover.

In the event of a rental being curtailed car rental companies do not permit refunds on any pre-purchased rental costs and options. Only unused rental vouchers can be considered for refund subject to deduction of an administration fee in accordance with our booking conditions.

Privacy Statement

Data Protection
To process your booking and ensure your travel arrangements run smoothly we (and your travel agent) need to use the information you provide.

We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to relevant suppliers of your travel arrangements such s airlines, hotels, transportation companies, etc. The information may also be provided to public authorities such as customs/immigration if required by them or as required by law.

Additionally, where your holiday is outside the European Economic Area (EEA) controls on data protection may not be as strong as the legal requirements in this country. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information you give us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot process your booking. In making a booking with us you consent such information being passed to the relevant persons.

We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures.
If you do not wish to receive such approaches in the future, simply email us at unsubscribe@holiday-america.net

Links to other websites
On our website we provide links to other websites for your convenience and information. These sites may have different security and privacy policies and we have no control over and take no responsibility for any information submitted to these sites.

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Holiday America
PO Box 45
Bexhill-on-Sea
East Sussex TN40 1PY, UK
Tel: +44 (0)1424 224400
Fax: +44 (0)1424 223300

Email: enquiries@holiday-america.net

Office hours: Monday to Friday 0900 – 1730; Saturday 0900 – 1300