Cosmos booking terms and conditions

Booking Conditions & Holiday Information

Booking Conditions - Important

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The Cosmos Booking Conditions spell out our obligations to you and your commitments to us when you book a holiday and, together with the information contained in the Holiday Information section (“Holiday Information”), this forms the basis of our contract with you. These Booking Conditions are subject to change from time to time and the applicable terms will be confirmed to you at the time of booking. You can also a range of Frequently Asked Questions (“FAQs”) on our website www.cosmos.co.uk/FAQ. We recommend that you check our FAQs prior to completing your booking. Where, in these Booking Conditions, we refer to "we,” "us" and "our,” this means Cosmos Tours Limited trading as Cosmos. Cosmos Tours Limited is part of an international group of travel companies. The UK group companies of Cosmos Tours Limited also include Archers Holidays and Avalon Waterways. References to "you" and "your" means all persons (or any of them) named on the booking (including anyone who is added or substituted at a later stage). Except where otherwise expressly stated, these Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. This brochure is issued on the sole responsibility of the tour operator. All references in these Booking Conditions to "holiday", "booking", "contract", "package", "tour" or "arrangements" means such holiday arrangements.

Booking Conditions - Our Commitment to You

1. Your Reservation

Once you have booked and paid your deposit or full payment as applicable, we will reserve your holiday on thebasis of these Booking Conditions. Your booking will be taken as confirmation that you have the authority to bookas the lead name on behalf of all persons named on your booking and a binding contract between us will comeinto existence when we send our Confirmation/Invoice to you or to your Travel Agent. Prior to doing so, we oryour Travel Agent may send you an acknowledgement of your booking and you will also be provided with anATOL certificate (where applicable) - see clause 17 "Financial Security" for more details. Any suchacknowledgement or ATOL certificate simply confirms that we are dealing with your booking request and is not aconfirmation of it. If you are booking a late/special offer holiday, any extra information and conditions that apply tothe late/special offer holiday will also be part of your contract. If in doubt, you should check with us or your TravelAgent. Please note that we reserve the right to refuse a booking at our discretion without giving any reason forsuch refusal. In such circumstances, any deposit or other payment received by us will be returned to you and anyATOL certificate provided shall be cancelled. Please check that each name is exactly as stated in the relevantpassport. Please also check that all information which appears on the Confirmation/Invoice or elsewhere iscorrect and complete. If any information which appears on the Confirmation/Invoice or elsewhere appears to beincorrect or incomplete, please contact us, or your Travel Agent, immediately (and in any case within 10 days ofreceipt of Confirmation/Invoice (within 5 days for flights). This will greatly help us to make the changes you need.We will do our best to rectify any inaccuracies notified. However, if you delay in informing us of these, it may notbe possible to correct them later. You will be responsible for any costs and expenses except where we made themistake. We can only accept a booking if the lead passenger is a minimum of 18 years old on or before the dateof departure - if under 18 at the time of booking, the written consent of a parent or guardian is required before thebooking can be made. Please note that for holidays, tours and cruises for certain destinations at least one roomoccupant will need to be 21 or older. For some cruises, this may be 25 or older.

2. Our Price Policy

We access real-time airline pricing to offer you the best holiday price available on the day you book. The ‘from’prices shown are based on 2 people sharing a room and the cheapest departure date. We will always advise youof the correct holiday price before you choose to book with us. Prices found in our brochure may differ fromthose displayed on this website, and certain offers may not be available in the brochure. Accordingly, it ispossible that when you book your holiday the actual price may have gone up or down from the advertised priceas factors such as live flight pricing can change. We reserve the right to correct errors at any time prior to theprice being confirmed at the time of booking. Please note that in rare cases errors may occur when inputtingprices into our reservations system or website. We regret that any contract entered into on the basis of anerroneous price will be void. In the unlikely event that such a situation arises you will be given the option to paythe correct price or cancel with a full refund. Changes in transportation costs, including the cost of fuel, dues,taxes or fees chargeable for services such as landing taxes or fees at ports and airports and exchange ratesmean that the price of your travel arrangements may change after you have booked. However, there will be nochange after the balance of the holiday is paid in full. The price of your travel arrangements will be calculatedusing exchange rates quoted in the Financial Times Guide to World Currencies in relation to the followingcurrencies: US Dollar, Canadian Dollar, Australian Dollar, New Zealand Dollar, Namibian Dollar, South AfricanRand, Thai Baht, Singapore Dollar, Malaysian Ringgit, Hong Kong Dollar, Japanese Yen, Emirati Dirham andEuro. Legislation allows us to pass on to you any surcharges when they exceed 2% of the full holiday cost. Youwill be charged the amount over and above that, plus an administration charge of £1 per person together with anamount to cover agents’ commission (if applicable). If this means that you have to pay an increase of more than10% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges.Should the price go down by more than 2% of your holiday cost due to changes in transportation costs such asthose listed above any refund due will be paid to you. However, please note that travel arrangements are notalways purchased in local currency and some apparent changes have no impact on the price of your travel due tocontractual and other protection in place.

3. If We Change Your Holiday Arrangements

We may occasionally have to change your holiday arrangements as they are made well in advance, and wereserve the right to do so. For instance, your flight details may change or your accommodation may becomeunavailable. However, we promise that we will not make any significant changes to your confirmed holidayarrangements less than 14 days before departure unless we are forced to do so as a result of unusual andunforeseeable circumstances beyond our control, the consequences of which we could not have avoided evenwith all due care (examples of which are contained in clause 7). A significant change is a change made beforedeparture, which we could reasonably expect to have a significant effect on your confirmed holiday. The followingchanges are a non-exhaustive list of examples of significant changes:

• A change of your departure airport (except between any local airports such as London airports);

• A reduction in the number of nights of your holiday;

• A change of your resort area or your accommodation to a lower accommodation category for the full duration ofyour stay;

• A change of your date of departure (please note that a flight which was scheduled to depart between 22.00hours and 04.59 hours but which is changed to depart after midnight (or moved forward to depart beforemidnight) is not treated as a change of date);

• A change from a day flight to a night flight if the time of your UK departure has changed by more than 4 hours.A night flight is one planned to depart from the UK between 22:00 hours and 04:59 hours;

• A change in time of your scheduled departure or return flight by more than 12 hours (but not a flight delay); or

• An increase in the price of your holiday of more than 10% of the total holiday price excluding any insurancepremiums and amendment charges.We will work on the basis of the flight times shown on your original Confirmation/ Invoice in deciding whetherthere has been a significant change to your arrangements as set out above.If we have to make any significant changes we will tell you or your Travel Agent as soon as reasonably possible. Ifthere is time to do so before departure you can then choose to:

• accept the changed arrangements or take any reasonable alternative holiday we can offer you (if this is lessexpensive than your original holiday, we will refund the difference but if it is significantly more expensive we mayask you to pay the difference). If you decide not to take the alternative we specifically offer you, you maypurchase any other available holiday from us at the applicable price and we will refund, or you will be required topay, the difference in price with your original holiday (please note that these Booking Conditions will apply to anyalternative holiday); or

• cancel your holiday.

Compensation per person – Any non-cruise holiday:

No. of days notification before departure

Minimum Compensation Per Person

More than 56 days

Nil

29-56 days

£20

15-28 days

£30

8-14 days

£40

7 days or less

£50

Compensation per person – Any holiday with a cruise:

No. of days notification before departure

Minimum Compensation Per Person

More than 70 days

Nil

59-69 days

£20

29-58 days

£30

15-28 days

£40

14 days or less

£50

Compensation per person - Any Avalon Cruise

No. of days notification before departure

Minimum Compensation Per Person

More than 90 days

Nil

29-90 days

£20

16-28 days

£30

8-15 days

£40

7 days or less

£50

If you wish to cancel your holiday or accept the reasonable alternative we offer you as a result of a significantchange, you must tell us within the time mentioned when we notify you about the significant change or, if no timelimit is mentioned, within 7 days of our notifying you. If you do not do so, we are entitled to assume that you wishto accept the changed arrangements.

If you choose to accept the new arrangements or purchase another holiday from us, we will, where applicable,reduce the price of your holiday by the compensation shown in the table below. If you choose to cancel yourholiday we will refund any money you have paid to us, as well as paying you compensation on the scale below(please note, we will only make one such reduction or payment per person).

A change of overseas airport, return UK airport, changes to aircraft type, changes to accommodation to anotherof the same or higher standard, change of carriers or outward/return flight time of less than 12 hours will not besignificant changes. Please note that carriers such as airlines used on the website may be subject to change.Similarly, if after making your booking we are advised that an aircraft will stop en route, we will advise you assoon as possible but such a change shall not constitute a significant change. Where your airport is changed, wepromise to transport you from your overseas accommodation to your alternative overseas airport and vice versaor from your UK airport of arrival to your UK departure airport. No compensation will be paid and no liabilitybeyond offering the above mentioned choices can be accepted where we are forced to make a significant changeas a result of unusual and unforeseeable circumstances beyond our control or force majeure, the consequencesof which we could not have avoided even with all due care (examples of which are contained in clause 7).

Please note: no compensation is payable for minor changes. A minor change is any change which we could notreasonably expect to have a significant effect on your confirmed holiday. Minor changes also do not entitle you tocancel or change to another holiday without paying our normal charges. However should you wish to make achange before the balance due date we may be able to transfer you to another holiday or hold your deposit for afuture holiday as per our price promise. Please see clauses 13(a) and 14(a) where the full details and terms areset out.

4. If We Cancel Your Holiday

We may occasionally have to cancel your holiday arrangements, which we reserve the right to do. However, wepromise we will not cancel your holiday after the balance of payment is due unless you have failed to comply withany requirement of these Booking Conditions entitling us to cancel (such as paying on time) or where we areforced to do so as a result of unusual and unforeseeable circumstances beyond our control or force majeure. Ifwe have to cancel, we will tell you as soon as possible. Except where you have failed to comply with anyrequirement of these Booking Conditions entitling us to cancel we will offer you the choice of:

• taking the reasonable alternative holiday we offer you (if this is less expensive than your original holiday, we willrefund the difference but if it is more expensive we may ask you to pay the difference). If you decide not to takethe alternative we specifically offer you, you may purchase any other available holiday from us at the applicableprice and we will refund, or you will be required to pay, the difference in price with your original holiday, or

• receiving a prompt refund of all monies paid to us.

If you wish to purchase an alternative holiday, you must tell us within the time mentioned when we notify you ofthe cancellation or, if no time limit is mentioned, within 7 days of us notifying you. If you do not do so, we areentitled to assume that you require a refund.

If you choose to accept the alternative holiday we offer to you or purchase another holiday from us, we willreduce the price of your holiday by the compensation shown in clause 3 above unless we are forced to cancelyour holiday due to unusual or unforeseeable circumstances, in which case no compensation will be payable.

If you choose to cancel your holiday we will refund any money you have paid to us, as well as paying youcompensation on the scale shown in clause 3 above unless we are forced to cancel your holiday due to unusualor unforeseeable circumstances, in which case no compensation will be payable (please note, we will only makeone such reduction or payment per person).

Where the holiday is cancelled due to unusual or unforeseeable circumstances beyond our control and theconsequences of which we could not have avoided even with all due care, we will try to offer you a reasonablealternative holiday, or a refund, where a reasonable alternative is not available.

Minimum Numbers: We regret that in certain circumstances we may only be able to operate certain holidaysshown on our website or in our brochures if a sufficient number of people book them. If there is insufficientdemand, we have the right to cancel the holiday in question. If we have to do so, we promise we will tell you nolater than the date the balance of your holiday price is due. In this situation, you will then have the choice of theoptions shown in this clause. If possible, we will endeavour to offer you the same holiday departing on a differentdate. Where we cancel for lack of numbers in accordance with this paragraph, no compensation or otheramounts (for example, the cost of any connected travel arrangements you have made independently) will bepayable.

5. Your Flight/Train/Cruise

You will be informed of the airline(s)/train(s) ship(s) operating your package holiday flight(s)/ train journeys at thetime of booking. Timings planned are given for your guidance but your actual flight/train/cruise timings will bethose shown on your airline/train/cruise itinerary (or tickets) that you should check carefully as soon as youreceive them. We may substitute alternative airlines/train/cruise companies and/or aircraft/trains/ships and/orairports/stations/ports of destination if necessary, in which case, subject to the note below on the Community Listof banned carriers, you cannot transfer to another holiday or cancel without incurring normal cancellation charges(see clause 14 under 'If You Cancel Your Booking'). Any such change will be a minor one not entitling you tocompensation, though we shall notify you of the identity of any substitute airline/train company as soon aspossible and in all cases at check-in or at the boarding gate. Where we substitute the airline or aircraft we hadoriginally intended to use in connection with your holiday, it may as a result not be possible to provide any in-flightcatering which had been advertised. For the avoidance of any doubt, any such change will be a minor change notentitling you to compensation. Please note that some services are not refundable and therefore may not be liableto change or cancellation. If this is the case, you will be advised of this fact at the time of booking. Note: ECRegulation No 2111/2005 requires the establishment of a Community list of carriers which are subject to anoperating ban throughout the EU and publication of that list to passengers (seewww.ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm).

In the event that the assigned airline or any substitute airline is or becomes listed on the Community list you maybe entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban.Further information can also be found on the CAA's website at www.caa.co.uk.Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensationfrom your airline in cases of denied boarding, a cancellation, or delay to flights. Full details of these rights will bepublicised at EU airports and will also be available from airlines. However, reimbursement in such cases is theresponsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Yourright to a refund and/or compensation from us is set out in the clauses 3 and 4 above. If your airline does notcomply with these rules you should complain to the Civil Aviation Authority on 020 7453 6888or atpassengercomplaints@caa.co.uk.

Ocean cruises / River Cruises: Limitations of Liability for Loss of Life or Injury and or Damage to PropertyWhere the booking has been made in a European Union Member State (EU) or the ship has an EU flag or wherethe first port of embarkation or final port of disembarkation is in the EU international carriage of passengers andtheir luggage by sea for shall be governed by EU Regulation 392/2009 and where ratified the Athens Protocol2002, which may be found at: http://www.transportrecht.org/dokumente/AthenProt2002e.pdf andhttp://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:131:0024:0046:EN:PDF.

Domestic sea carriage by sea or use of the ship as a floating hotel in the UK shall be governed by the MerchantShipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014 (2014Order) which applies the Athens Convention 1974 limits. A copy of the Athens Convention 1974 may be viewedat: http://www.admiraltylawguide.com/conven/passengers1974.html.

In all other cases carriage by sea or use of the ship as a floating hotel shall be governed by the AthensConvention 1974.

Any liability of the Carrier for death or personal injury or for loss of or damage to luggage arising out of carriageby sea shall be solely brought and determined in accordance with the Athens Convention 2002 EU Regulation392/2009 or where applicable the 2014 Order or Athens Convention 1974.

Where the Athens Convention or 2014 Order apply or the ship is being used as a floating hotel the aggregateliability of the Carrier for the death of or personal injury to a Guest shall in no event exceed the monetarylimitations of 46,666 SDRs (approx. £42,664.11) as set forth in the Athens Convention 1974. The maximumliability for international sea going cruises pursuant to EU392/2009 and the Athens Protocol 2002 is 400,000SDRs per passenger per incident (approx. £365,697.57) or 250,000 SDRs (approximately £228,560.98) in thecase of War and Terrorism pursuant to EU Regulation 392/2009 and the Athens Convention 2002.

Liability for loss of or damage to property (save for medical and mobility equipment pursuant to the AthensConventions and EU Regulation 392/2009 is limited. Cabin luggage is limited to 833 SDRs under the AthensConvention 1974 and 2014 Order (approx. £761.57) and 2,250 SDRs (approx. £2,057.05) under the AthensConvention 2002 and EU Regulation 392/2009.

In all cases of carriage by sea luggage is assumed to be delivered without damage unless written notice is givenby the Guest within the following periods:

• In the case of apparent damage before or at the time of disembarkation or redelivery.

• In the case of damage which is not apparent or loss of luggage, within 15 days from the disembarkation ordelivery or from the date any such delivery should have taken place.

The Carrier shall not be liable for any loss or damage to luggage that occurs outside the course of carriageincluding any loss or damage before or after the luggage comes into the Carrier’s actual possession, custody andcontrol, including, but not limited to, where the luggage is in the possession, custody and control of airlines orother transportation services.

The Carrier provides safekeeping for valuables aboard Ship and encourages Guests to deposit any jewellery orother valuables brought aboard the Ship with the Reception Desk staff who will issue a receipt for such valuables.The Carrier provides an in-room personal safe for Guest’s convenience. However, the Carrier shall not be liablefor any loss of or damage to money, jewellery, watches, precious stones and metals, securities, financialinstruments, tickets and/or other valuables unless they have been delivered to the Reception Desk forsafekeeping and a receipt issued in which case the Carrier’s liability is limited in sums set out in the AthensConvention 1974 of 1,200 SDRs (approx. £1,097.09) and SDRs 3,375 (approx. £3,085.57) under EU Regulation392/2009 and the Athens Convention 2002. The use of safes on board is not a deposit with the Ship under theAthens Convention 1974 or 2002 or EU Regulation 392/2009.

Where carriage is performed on Inland waterways and the vessel does not go to sea the liability provisionsrelating to sea going vessels do not apply to the cruise. In those cases the liability of the Carrier to Guests shallbe determined in accordance with English law (the Merchant Shipping Act) and The Convention on Limitation ofLiability for Maritime Claims 1996 (LLMC 96) as amended by SI 1998/1258, a copy of which will be provided byon request or can be found at:(http://www.legislation.gov.uk/uksi/1998/1258/article/4/made).

The limits for non-sea going passenger vessels is 175,000 SDRs per passenger limit (approx. £ 159,992.69).Liability for property claims will be at least 1,000,000 SDR’s (approx. £914,243.92) under SI 1998/1258 (4)(b)(i)).The Strasbourg Convention on the Limitation of Liability of Owners of Inland Navigation Vessels, referred to asthe “Strasbourg Convention” with protocols and amendments, applies to vessels sailing on waterways located inthe territory of a state party subject to (i) the "Revised Convention relating to the Navigation of the Rhine of 17October 1868" and (ii) the "Convention of 27 October 1956 concerning the canalization of the Moselle" (Article15(1) of the Strasbourg Convention: http://www.ivr.nl/downloads/forms/B2.pdf). If the Strasbourg Conventionapplies the limits for Guest claims are 60,000 SDRs (approx. £54,854.64) per Guest subject to a minimum of6,000,000 SDR’s (approx. £ 5,485,463.52) (see Article 7). The Carrier’s liability for death, injury, illness,damage, delay or other loss to person or property of any kind suffered by Guests shall, in the first instance, begoverned by the Convention on Limitation of Liability for Maritime Claims 1996 as amended by SI 1998/1258 orwhere applicable the Strasbourg Convention. The Carrier’s liability therefore shall not exceed those limitationsprovided by the said LLMC 1996 and SI 1998/1258 or where applicable Strasbourg Convention or in any furtherrevisions, protocols and/or amendments thereto as shall become applicable. Where the LLMC 1996 or Ifapplicable Strasbourg Convention permits the Carrier to apply a deductible, the Carrier may apply thatdeductible.

(The above reference approximate conversion rates are based on exchange rates as of 15 September 2015SDRs are a monetary unit of the International Monetary Fund and current exchange rate can be found in majorfinancial newspapers).

In respect of any loss or damage to property including luggage which are not covered by any internationalconventions, and where liability is not limited by reference to any enactment, terms or conditions, then any legalliability that the Carrier may have for any such losses or damage will be limited to £500 per Guest.All settlements by the Carrier will be made on the basis of actual cash value (replacement cost, less depreciation)Claims for damaged items will be settled on the basis of cost of repair. No amount shall be paid in settlement ofany claim without proof of the actual cash value, or repair cost, as appropriate, arising from the loss or damage.Such proof must be sent to the Carrier. The Carriers’ liability must also be proven before any settlement will bepaid. Guests cannot make a double recovery by making a claim against the Organiser and the Carrier.Personal belongings lost while unattended in public lounges or other public areas, whether on board the Ship orelsewhere, are not reimbursable. Losses due to ordinary wear and tear, perils of the sea, and other acts-of-Godare not reimbursable.

These liability provisions apply to all Guests and the relevant provisions of EU392/2009 shall apply to all cruisessold or where the cruise begins or ends in the EU even if the country in which the Cruise was purchased is not asignatory. In all other countries the provisions of the Athens Convention 1974 shall apply. This includes USGuests whose cruise does not begin or end or call at any US port.

6. Delays

Flights: When a delay occurs, the airline may arrange for you to receive refreshments or meals in a reasonablerelation to the waiting time. Unfortunately, it is not always possible for the airline to make welfare arrangementsas being able to do so depends on factors such as the capacity of the airport concerned to cater for the numberof passengers affected by delays, the anticipated length of any delay (it is often the case that a delayed aircraftwill be ready to depart on very short notice so passengers need to be at the airport and the provision of cateringmay also risk extending the delay) and the timing of any delay. If your flight home to the UK is delayed, we willwork with the airlines to provide assistance as appropriate to the length of the delay. Your rights to a refundand/or compensation are set out in clauses 3, 4 and 5 above.

Cruises: Under EU law (Regulation No 1177/2010) relating to the rights of passengers travelling by sea andinland waterways, where the cruise carrier reasonably expects the departure of your cruise to be delayed formore than 90 minutes beyond its scheduled departure time, passengers departing from port terminals may beoffered free of charge snacks, meals or refreshments as are appropriate given the waiting time, provided they areavailable and can reasonably be supplied. If the delay in departure necessitates a stay of one or more nights or astay additional to that intended by the passenger, where and when physically possible (subject to the PackageTravel, Package Holidays and Package Tours Regulations 1992) passengers departing from port terminals maybe offered free of charge adequate accommodation on board or ashore, and transport to and from the portterminal and place of accommodation. The maximum amount payable for accommodation ashore and transportto and from the port terminal shall be equivalent to 80 Euros per person per night for a maximum of 3 nights. Noobligation shall arise to provide such accommodation ashore where the delay is caused by weather conditionsendangering the safe operation of the ship.

7. Our Assurance On Standards & Assumption of Liability

(a) We promise to make sure that all parts of your holiday arrangements are performed with reasonable skill andcare, including our suppliers who will perform the services in accordance with applicable local standards. If thecontract we have with you is not performed or is improperly performed by us or our suppliers we will pay youappropriate compensation if this has affected the enjoyment of your travel arrangements. Please note it is yourresponsibility to show that the required reasonable skill and care has not been used if you wish to make a claimagainst us. However we will not be liable where any failure in the performance of the contract is due to: you; or athird party unconnected with the provision of the travel arrangements and where the failure is unforeseeable orunavoidable; or unusual and unforeseeable circumstances beyond our control or force majeure, theconsequences of which could not have been avoided even if all due care had been exercised; or an event whichwe or our suppliers, even with all due care, could not foresee or forestall. For the purposes of these BookingConditions, ‘force majeure’ events (actual or threatened) may include war, riot, civil strife, terrorist activity and itsconsequences, industrial dispute, epidemics, insolvency of airlines, natural or nuclear disaster, adverse weatherconditions, fire, epidemics and pandemics, unavoidable technical problems with transport and all similar eventsoutside our control. In addition, we will only be responsible for what our employees, agents, suppliers and sub-contractors do or do not do if they were at the time acting within the course of their employment (for employees)or carrying out work we had asked them to do (for agents, suppliers and sub-contractors). In the event that any ofthese conditions apply, we shall be exempt and emitted from performance to the extent such performance is solimited or prevented, without liability of any kind.

(b) Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times thecost of your travel arrangements (excluding insurance premiums and amendment charges), unless a lowerlimitation applies to your claim under this clause 7. Where we are found liable for loss of and/ or damage to anyluggage or personal possessions (including money) the maximum amount we will pay you is £1,500 unless alower limit applies to your claim under this clause. Please note that personal luggage claims are based on thevalue of the goods at the time they are lost and not on a new-for-old basis or replacement-cost basis. Therefore adeduction is made for wear, tear, and depreciation. Our liability will also be limited in accordance with and/or inan identical manner to:

• The contractual terms of the companies who provide the transportation for your travel arrangements. Theseterms are incorporated into this contract; and

• Any relevant international convention, for example the Warsaw or Montreal Conventions and/or for carriers withan operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No. 2027/97 asamended by EC Regulation No. 889/2002 for national and international travel by air in respect of travel by air, theAthens Convention in respect of travel by sea, the Strasbourg Convention for inland waterways (as set out inclause 5 above), the Berne Convention in respect of travel by rail and the Paris Convention in respect of theprovision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay topassengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitationof compensation contained in these or any conventions.

Please note: Where a carrier or accommodation supplier would not be obliged to make any payment to you underthe applicable International Convention or Regulation in respect of a claim or part of a claim, we are similarly notobliged to make a payment to you for that claim or part of the claim. You must give credit for all payments due orreceived from any carrier or accommodation supplier, which relate to the claim in question. You can ask forcopies of the transport contractual terms, or the international conventions, from your Travel Agent.(c) You must notify us of any complaint or claim in accordance with clause 8 “Our complaints procedure”. For allclaims, any person(s) to whom we make any payment (and their parent or guardian if that person is under 18)must also assign to us or our insurers any rights they may have to pursue any third party in connection with theclaim. You must provide us and our insurers with all assistance we or our insurers may reasonably require.(d) We cannot accept any liability for any damage, loss, costs, expenses or other sum(s) of any description (1)which on the basis of the information given to us by you concerning your booking prior to our accepting it, wecould not have foreseen you would suffer or incur if we breached our contract with you or (2) any indirect orconsequential loss, or loss relating to any employment and/or business transaction. Please also note, we cannotaccept responsibility for any services which do not form part of our contract. This includes, for example, anyadditional services or facilities which your accommodation supplier or any other supplier agrees to provide for youwhere the services or facilities are not advertised in our brochure or on our website and we have not agreed toarrange them. This also includes any excursion or activity you book or purchase through the `manage my booking’online pre-departure facility or whilst in resort - please also see clause 7(f) ‘Excursions and Activities’.(e) If you have had the misfortune to suffer illness, personal injury or death through misadventure during yourholiday arising out of an activity which does not form part of your contracted holiday arrangements with us wewill, in our reasonable discretion, offer to help where possible and appropriate in our reasonable discretion, by forexample:

1) providing our general assistance;

2) paying your initial legal costs where you take legal action against the third party responsible for the injury,illness or death as a result (as long as we have agreed to pay them before you incur those costs and you haveasked for our help within 28 days of the accident). All assistance (financial or otherwise) is subject to a maximumtotal cost to us of £1,000 per booking. We will not provide help with legal costs if you have a Legal ExpensesSection in your Holiday Insurance Policy or any other insurance policy on which you are entitled to rely. Also, ifyou successfully claim for these costs against a third party, we will require you to reimburse us for any costs wehave paid for or to you up to the maximum amount of the costs you actually receive or are entitled to receive.Requests for our assistance under this section should be sent direct to the Customer Services Manager, Cosmos,First Floor, Wells House, 15 Elmfield Road, Bromley, Kent BR1 1LT.

(f) Excursions and activities. We may provide you with information (on our website, in our brochure and/or whenyou are on holiday) about optional activities and excursions which are available in the area you are visiting butwhich you cannot book with us in the UK, all of which are therefore not purchased as a component part of yourpackage holiday (as defined under the Package Travel, Package Holidays and Package Tours Regulations1992). We have no involvement in any such activities or excursions which are not run, supervised, nor controlledin any way by us. They are provided by local operators or other third parties who are entirely independent of us.They do not form any part of your contract with us even where we suggest particular operators/other third partiesand/or assist you in booking such activities or excursions in any way. Where we, or any of our localrepresentatives, make or take any booking for or from you in respect of any activity or excursion, we do so solelyas booking agent for the organiser or operator of the activity or excursion. This is the case regardless of whetherthe activity or excursion is advertised or mentioned in our brochure, on our website, in resort, or elsewhere. Yourcontract for any such activity or excursion will be with the organiser or operator of that activity or excursion, andsubject to their terms and conditions, and to local law and jurisdiction.

Except as set out below, we cannot accept any liability on any basis in relation to such activities or excursionsand the acceptance of liability contained in this clause 7 or our Booking Conditions generally will not apply tothem. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the organiser oroperator or for any of its/their employees or agents or any other person(s) connected with the activity orexcursion. If we are found liable in any respect for any such activity or excursion , that liability is limited to thecost of the particular activity or excursion concerned and we are also entitled to rely on any further limits ofliability as set out in these Booking Conditions, including but not limited to those relating to luggage and personalpossessions. Any claim must also be notified in accordance with clause 8. We cannot guarantee accuracy at alltimes of information given in relation to such activities or excursions or about the resort/area you are visitinggenerally, or that any particular excursion or activity which does not form part of our contract will take place asthese services are not under our control. If we become aware of any material alterations to resort/areainformation and/or such excursions and activities which can reasonably be expected to affect your decision tobook a holiday with us, we will try to pass on this information at the time of booking.

Please note: we only act as booking agent where our local representatives have been formally authorised by usto sell or book the activity or excursion in question. Our local representatives are instructed not to sell or book anyactivity, excursion, or other service which they have not been formally authorised to sell or book. We do not actas booking agent and have no other connection with or responsibility or liability for any activity or excursionwhere this is not the case. Any advice or assistance on or with any activity or excursion provided by any localrepresentative does not mean or imply that the activity or excursion is sold by the local representative or us orthat any such advice or assistance is given on our behalf.

8. Our Complaints Procedure

If you have a problem or complaint whilst on holiday you must tell hotel management or a local representative as soonas possible so that it can be sorted out immediately. When you receive your itinerary, you will be provided withcontact details of our local representative who you should contact if you require any assistance whilst in resort.Should you not be able to contact the local representative, you should contact us through our UK 24/7 assistancehelpline, on 020 8315 4510. If your complaint cannot be resolved by the time you come home please follow this upupon return with our Customer Services Team by emailing service@cosmos.co.uk or by writing to Customer ServicesDepartment, at our registered address. You will need to provide full details, giving your holiday reference number anddaytime and evening telephone numbers and email address. We are a member of ABTA, membership numberV3031, and are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. Disputes arisingout of, or in connection with this contract which cannot be amicably settled may be referred to arbitration, if youso wish, under a special scheme arranged by ABTA. The scheme provides for a simple and inexpensive methodof arbitration on documents alone with restricted liability on you in respect of costs. For further information aboutABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com You can also access the EuropeanCommission’s online Dispute Resolution (ODR) platform at www.ec.europa.eu/consumers/odr/. This ODRplatform is a means of registering your complaint with us; it will not determine how your complaint should beresolved.

Special Note: We both agree that any dispute, claim or other matter of any description (and whether involvingpersonal injury or not) which arises out of, or in connection with, your contract or holiday must be dealt with underthe ABTA Arbitration Scheme or brought in the Courts of England and Wales only (unless you are a resident ofScotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your owncountry or those of England and Wales). We both also agree that English law (and no other) will apply to yourcontract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irishlaw, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us before bookingyour holiday.

9. Conditions of Carriage

Travel by sea, air, land or rail is subject to the Conditions of Carriage of the company providing your transportand will apply to your journey. These Conditions of Carriage are contractually incorporated into these terms andconditions and are available on request or on our website. The conditions of Carriage may limit and, in someareas, exclude the carrier’s liability to you, usually in accordance with applicable International Conventions (seeclause 7). Copies of these Conditions can be provided by your Travel Agent or us (if you book direct) or thecarrier itself on request. Our liability will never exceed that of the carrier.Our Avalon personal return chauffeur service is offered on the basis of one car per booking of up to 3passengers, operating to/from your departure airport/Eurostar station, from one home address. For larger groups,vehicles appropriate to the party size will be provided.

10. Website & Other Information

All information contained on our website, or which is otherwise produced or published by us is based oninformation available at the time of publication. We reserve the right to change any website prices or otherinformation before your booking is confirmed and the amended information will then form part of your contract with us.If any part of these Booking Conditions is found to be unfair or unreasonable, the remaining terms will still bevalid. Whilst every effort is made to ensure the accuracy, our prices, and other information at the time ofpublication, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirmingyour booking. You must ensure you check all details of your chosen holiday (including the price) with us at thetime of booking.

Booking Conditions - Your Commitment to Us

11. Deposits & Special Requests

You must pay a per person deposit of £99 (Europe bookings), £175 (Longhaul bookings), £200 (holidays with acruise), and £500 (holidays to Australia & New Zealand, and Indian Deccan Odyssey trains). Avalon cruises require aper person deposit of £300 (Avalon Europe) and £500 (Avalon Longhaul). The £2.50 ATOL contribution is included inyour deposit at the time of booking along with appropriate insurance premiums if applicable. If booking within 12weeks (Avalon), 8 weeks (non-cruise holidays) or 10 weeks (holidays with a cruise) of your departure, you must paythe full cost of your holiday when you book. No deposit is payable for infants under two years of age at the time ofreturn travel. Please note, for any payment made by credit card there will be a processing charge of 1.5% whichwill be notified to you prior to confirming your booking. Any charges will not exceed the amounts charged by thecredit card companies. No charges will be incurred for payments made by debit card. If you have a specialrequest, we will do our best to help, but we cannot guarantee it except as set out below. Please advise us, oryour Travel Agent, of your request at the time of booking and make sure that we are given as much detail aspossible. If your special request is vital to your holiday, it must be specifically agreed in writing with us before youbook your holiday. General confirmation that a special request has been noted or passed on to the supplier or theinclusion of a special request on your Confirmation/Invoice or on the acknowledgement of your booking or anyother documentation is not confirmation that the request will be met. Unless and until specifically confirmed, allspecial requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you priorto your departure or should be paid for locally.

12. Paying for the Balance of your Holiday

Our Confirmation/Invoice will show the total price you must pay for your holiday. We must receive the full cost nolater than 8 weeks before departure for non-cruise holidays, 10 weeks before for holidays with a cruise and forAvalon 12 weeks before. If you booked through a Travel Agent you should make sure that you pay them inenough time to allow the money to reach us by this deadline. If you decide to select the option to pay in full at thetime of booking, you may do so, but this will not change any of the conditions which form part of this contract. Ifyou book within 8 / 10 weeks or 12 weeks for Avalon you must pay the full cost of your holiday when you book. Iffor any reason the full cost of your holiday is not received by us or your Travel Agent on time, we or your TravelAgent will write and tell you that the payment is overdue. If it is still not received by us or your Travel Agent within7 days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you andkeep your deposit. If we do not cancel straight away because you have promised to make payment, you mustpay the cancellation charges shown in clause 14 in the event of subsequent cancellation, depending on the datewe reasonably treat your booking as cancelled. Where we are selling a flight-inclusive package holiday, allmoney you pay to a Travel Agent or an Accredited Body for that holiday will be held by the Travel Agent or theAccredited Body member on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, butsubject to the Agent's (or Accredited Body member) obligation to pay the money to us for so long as we do not fail.In the unlikely event of our failure, any money held at the time by the Travel Agent (or Accredited Body member),or subsequently accepted from you by the Travel Agent (or Accredited Body member), is and continues to be heldby that Travel Agent or Accredited Body member on behalf of and for the benefit of the Trustees of the Air TravelTrust without any obligation to pay that money to us. Where we are selling a package holiday that does notinclude a flight, all money you pay to a Travel Agent for your holiday with us will be held by the Agent on ourbehalf until it is paid to us. Please note this does not apply to any money paid to the Travel Agent for any servicesnot provided by us (for example Travel Agent’s administration fee or service charge or car parking). The ‘balancedue date’ is subject to change and may vary, but it will be confirmed to you at the time of booking.

13. If you Change Your Booking

(a) As per our price promise should you wish to make a change to your existing holiday booking we will doour utmost to make this change but it may not always be possible. We will not charge an amendmentfee for any changes to the actual holiday arrangements made before the balance due date however wewill charge you for any costs that we incur from our third party suppliers as a result of the amendment.For clarification the balance due date mentioned above is dependent on the type of holiday you havebooked and so is within 8 weeks for non-cruise holidays, 10 weeks for cruise holidays and 12 weeks forAvalon bookings.

(b) Any changes made after the balance due date will be treated as a cancellation and re-booking by you,and therefore a cancellation charge as set out in the table in clause 14.

In both instances where the price of your holiday depends on the number of people booked into theaccommodation and someone in your party cancels, the price will be recalculated on the basis of the newnumber of people going. We will then send you a new Confirmation/Invoice. Any increase in what you have topay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge.Also, you may not change from any holiday featured in any other brochure or on any of our websites to one of ourLate Availability Deals, or any other special offer holidays.

14. If You Cancel Your Booking

(a) As per our price promise if you cancel your holiday before the balance due date then we can hold yourdeposit so that it may be applied towards payment on a new holiday. Should we however incur charges as aresult of the cancellation from any of our third party suppliers this will firstly have to be deducted from thedeposit and any remaining monies, if any, can then be held. This holiday would have to be booked throughus within 12 months from the date of cancellation and the deposit may be transferred by you to anotherindividual of your choosing by providing notice to us in writing. Please note a deposit can only be transferredonce to a new booking. If the deposit is not used with the 12 month period no refund will be made.

(b) If you or anyone going on holiday with you is no longer able to travel for any reason you may transfer thebooking to someone else deemed acceptable to us. You must write to us with full details of who cannot ordoes not want to go on holiday and who you would like to go instead. If this change is made before thebalance due date we will not charge our normal admin fee. If the change can be made and is after the balancedue date, you will have to pay an amendment fee of £35 per person named on the booking together with anyextra costs we incur or are asked to pay in order to make the change.

(c) Please note, scheduled airlines often do not allow any name changes within a certain time of the start of theholiday and generally not at all after flight tickets have been issued. If you want or need to make a namechange when an airline will not allow it, you will have to cancel the original flight (which means you will loseall the money you have paid for that flight) and pay the full cost of another flight (which may not be theoriginal flight or at the same cost as the original flight as the airline is entitled to offer the cancelled flight toanyone on a waiting list for it). This is the airline’s decision and we have no control over it.

(d) Everyone who goes on holiday in place of anyone who was originally due to travel must agree to theseBooking Conditions and any other requirements which apply to the holiday before the change can be made.If the full cost of the holiday should already have been paid when the change is requested but has not been,this must also be paid before the change can be made.

(e) If some or all of your party cancel their holiday we are entitled to treat your booking as cancelled inaccordance with these Booking Conditions, and we will levy a cancellation charge on the scale shown in thetable below.

(f) The below cancellation charges are based on the estimated cost of cancelling your holiday at certain timesbefore the departure date and reflects the expenses and losses we are likely to suffer if we cannot resell theholiday. These cancellation charges are applied as shown below except for items or services that are non-refundable or if you wish to hold your deposit for another holiday with us (clause 14a). Non-refundableservices are a scheduled service flight and/or a low cost carrier flight where the cancellation fee will solelydepend on the amount we are able to obtain back from the air carrier for your ticket (if any) and thereforethe cancellation fees as set out in the table below may be higher. If the reason for your cancellation fallswithin your insurance cover, you may be able to claim a refund of your cancellation charges from theinsurance company less any applicable excess.

No. of days before you departure we receive your written cancellation or we cancel as mentioned above

Amount you must pay per person cancelling

More than 70 days (10 weeks)

Loss of deposit. * Deposit can be held for 12 months - restrictions apply 14(a)

69-59 days

50% of holiday cost** or the deposit if more

58-29 days

80% of holiday cost** or the deposit if more

28-15 days

90% of holiday cost** or the deposit if more

0-14 days

100% of holiday cost**

For non-cruise bookings:

No. of days before you departure we receive your written cancellation or we cancel as mentioned above 

Amount you must pay per person cancelling

More than 56 days (8 weeks)

Loss of deposit. * Deposit can be held for 12months - restrictions apply 14(a)

29-56 days

50% of holiday cost** or the deposit if more

23-28 days

70% of holiday cost** or the deposit if more

16-22 days

80% of holiday cost** or the deposit if more

4-15 days

90% of holiday cost** or the deposit if more

Within 3 days of departure or after

100% of holiday cost**

For Avalon Cruises:

No. of days before you departure we receive your written cancellation or we cancel as mentioned above

Amount you must pay per person cancelling

More than 90 days

Loss of deposit. * Deposit can be held for 12 months -restrictions apply 14(a)

29-90 days

50% of holiday cost** or the deposit if more

23-28 days

70% of holiday cost** or the deposit if more

16-22 days

80% of holiday cost** or the deposit if more

8-15 days

90% of holiday cost** or the deposit if more

Within 7 days of departure or after

100% of holiday cost**

*Should we incur cancellation charges as a result of your cancellation from any of our third party suppliers thiswill have to be deducted from the deposit and any remaining monies, if any, can then be held for a future holiday.

**Holiday cost does not include insurance premiums and any handling/amendment fee or other costs paid suchas for ATOL certificates if you changed your booking. These premiums and/or charges are not refundable in theevent of your cancellation. Please also see clause 13 above.

15. Your Holiday Insurance

Adequate and appropriate travel insurance is essential for your protection and it should be taken out immediatelyafter you have booked your holiday. Each member of your party must have either the holiday insurance policy weoffer, details are available on our website, or another policy giving at least equal cover. It is your responsibility toensure that the insurance cover you purchase is adequate and appropriate for the particular needs of you andyour party but it should at a minimum cover the cost of cancellation of your travel arrangements by you, andassistance (including medical costs and repatriation) in the event of accident or illness overseas, as well ascompensating you for permanent injury, death, delays or loss of baggage and personal possessions. We do notcheck alternative insurance policies. Please read your policy details carefully and take them with you on holiday.

16. Your Responsibilities

You must ensure that you and your party have valid acceptable passports, have provided any AdvancePassenger Information (API), any appropriate visas required for your holiday (including your journey to and fromyour holiday destination) - see information on Passports & Visas in the Holiday Information section for moredetails. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept anyliability if you or any member of your party are refused entry onto any transport or into any country due to failureon your part to carry or submit correct documentation or data. Many of the airlines that provide the flight elementof the arrangements we sell, or cruise lines we work with, impose fines and costs on us if any passengers whohave booked with us do not have the necessary travel or other documents for the countries they are visiting orpassing through, even where this occurs through no fault of ours. In this situation we have no choice but to passon to you all fines, costs, surcharges, other financial penalty, and other sums of any description which areimposed on or incurred by us. You will be responsible for reimbursing us accordingly in full. All airlines requirefirst and last names on airline tickets. This must be the same name that appears on your passport and the samename given to us when making your booking. It is your responsibility to ensure this information is correct on yourConfirmation/Invoice and other documentation. Please see clause 13 for details of administration fees forchanges or corrections.

• You should check what vaccinations and other health precautions are required or are advisable for your chosendestination and journey with your doctor in good time before departure (see also the FAQ section of our websitefor more details).

• Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must havewritten confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally,permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understandingthat we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for thisreason.

• You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as acustomer or refuse to continue dealing with you by terminating your holiday arrangements if your behaviour is oris likely to be, in our reasonable opinion, or in the reasonable opinion of the commander of any aircraft or vessel,accommodation supplier or other person in authority, disruptive, unruly or dangerous either to yourself or anyoneelse or if you have caused or are likely to cause damage to property. We will not pay any refund, compensationor other sum whatsoever or any costs or expenses incurred by you if we have to terminate the holidayarrangements due to your unacceptable behaviour. In this situation we will then have no further responsibility foryou (including any return travel arrangements). If your unacceptable behaviour means you are not allowed toboard your outbound flight we will treat your booking as cancelled from that moment and you will be required topay any unpaid balance of the holiday, without deduction for the unused part of it. If your holiday has been paidfor in full, you will receive no refund for the unused part of it. You will be responsible for fully paying all damagesoccasioned by your behaviour.

• Prior to booking, you must tell us if you or any member of your party is unwell, infirm, disabled, or has reducedmobility, including full disclosure of any requirements relating to this. Where we consider it strictly necessary, wemay require that a disabled person or person with reduced mobility be accompanied by another person, as a farepaying passenger, who is capable of providing the assistance required. If in our reasonable opinion, your chosenholiday is not suitable for your condition or disability or you are not travelling with someone who can provide allassistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give usfull details of your medical problem or disability at the time of booking, we can also cancel the booking when wefind out the full details if in our reasonable opinion the holiday is not suitable or you are not travelling withsomeone who can provide all assistance reasonably required. If we cancel in this situation, cancellation chargesas set out in clause 14 must be paid by the person concerned, and we will have no liability for any other costs orexpenses you incur as a result. Prior to booking, you must provide details of any medical equipment you intend tobring so that it can be determined whether such equipment can be carried safely. You must also ensure that youcan operate the equipment, that it is safe to use (please check with the manufacturer/supplier); and it is in goodworking order (arranging for enough equipment/supplies to last the journey). It will also be your responsibility toarrange delivery of all medical equipment where necessary. Portable oxygen tanks and oxygen concentratorsmay be used on board a ship, provided that we are notified in writing at least 30 days prior to sailing and we haveobtained the carrier’s consent in writing. There are airline restrictions on the amount and size of medicalequipment that they will carry. If you require a disabled cabin or room there are a limited number which areavailable on a “first come first serve” basis. Some river cruise ships may not have disabled cabins. Please checkat the time of booking. For cruises where there is a ship’s doctor it must be noted that the doctor is a generalistand the ship’s medical centre is not required to be equipped to the same standards as a land based hospital ordesigned for the provision of extensive or continuing treatment. The ship carries medical supplies and equipmentin accordance with the requirements of its flag state. Neither we nor the ship’s doctor shall be liable to you oranyone else travelling with you as a result of any inability to treat any medical condition as a result. Charges willapply for services dispensed by the ships medical centre. We shall not be liable for any aspect of medicaltreatment provided to you or anyone else travelling with you, including, but not limited to, the consequences ofany examination, advice, diagnosis, medication, treatment, prognosis or other professional services which suchdoctors or nurses may furnish you with. We make no warranty as to the quality of any such medical services.Please note that River Cruises do not have doctors on board. If you have any medical condition which may needemergency treatment then you must disclose this at the time of booking and a risk assessment will beundertaken.

17. Financial Security

We provide full financial protection for our package holidays. When you buy an ATOL protected flight or flightinclusive holiday from us, you will receive a confirmation invoice and an ATOL certificate from us (or ourauthorised Travel Agent if you did not book directly with us) confirming your arrangements and your protectionunder our Air Travel Organiser’s Licence number (1082). The ATOL certificate lists the flight, accommodation, carhire and/or other services that are financially protected, where you can get information on what this means foryou and who to contact if things go wrong. In the unlikely event of our insolvency, the CAA will ensure that youare not stranded abroad, and will arrange to refund any money you have paid to us for an advance booking. Forfurther information, visit the ATOL website at www.atol.org.uk.

You also agree that any such claims may be re-assigned to another body, if that other body has paid sums youhave claimed under the ATOL scheme.

When you buy a package holiday that does not include a flight, protection is provided by way of a bond held byABTA. For further information please see www.abta.com

18. Data Protection

We will need to use the details you give us to properly process your booking from the point of booking, duringyour holiday and beyond and for improving customer service. We will also need to keep your details in case weor our suppliers (such as airlines, accommodation providers and transport companies) and agents need tocontact you in respect of your travel arrangements. The details we may need to store and use include the namesand contact details of you and all parties to your booking, credit/debit or other payment and passport details andwhere applicable, details concerning any disability, medical conditions or dietary requirements (which mightdisclose your religious beliefs) which might affect the chosen holiday arrangements. We value your relationshipwith us and we strive to maintain an excellent level of customer service. Unless you ask us not to, in order toimprove customer service across our business we will share your details with our UK group of companies(including Avalon Waterways and Archers Holidays). It may be necessary to transfer your details to a country orcountries outside of the EEA, where the data protection and privacy rules are less stringent. We or our suppliersor agents may be required to pass your and your party’s details on to certain governments or governmentappointed bodies or agencies in the interest of security or because we are obliged to by law. For the purposes ofprotecting your security and safety, CCTV may be installed in the public areas on board all of our Avalon ships.We reserve the right to use images captured on CCTV where there is an incident or accident that we cannot beexpected to ignore. Footage retained for evidential purposes will be retained securely and access will berestricted. Where footage is retained, we will ensure the reason for its retention is recorded, the use made of thefootage and ensure its destruction once it is no longer needed. Please note that such footage may also beprovided to law enforcement agencies for the purposes of detecting and preventing crime or where disclosure isotherwise required by law. In making this booking, you agree to us storing, using and passing on the informationreferred to for the reasons stated above and in our Privacy Policy which can be found atwww.cosmos.co.uk/privacypolicy. We will of course inform you if there is any further information we require fromyou during the booking process. Please note that, in addition to us contacting you in relation to your travelarrangements, we may also contact you following your holiday with details of other holidays / tours provided byus that may be of interest to you. We may provide your contact details to our UK group of companies for thispurpose, unless you inform us that you do not wish to receive such approaches in future. For the purposes of theData Protection Act 1998 (“DPA”), we are a Data Controller (as defined in the DPA). You are generally entitled toask us about details of yours that we are holding, why we're holding or processing them and to whom we havedisclosed or may disclose them to. To do this, please send a letter to the address listed in Clause 8 above. Wepromise to respond to your request within 40 days of receiving the request in writing along with any applicablefee. There are circumstances where we shall be within our rights to refuse such a request. If you believe that anyof your personal information that is held or being processed by us is incorrect then please write to us immediatelyas we cannot be responsible for any problems that may arise due to inaccurate information that you haveprovided us with. If you would like further information then you may find the following websites useful:http://www.hmso.gov.uk or http://www.informationcommissioner.gov.uk

 

19. Website Accuracy

We will provide the facilities and services advertised on our website. If we or our suppliers withdraw thosefacilities or limit them for any reason, we will use our best efforts to tell you as soon as possible and whereappropriate pay you compensation. We will not pay you any compensation for events which are outside of our, orour suppliers' control.

The information here is checked and known to be accurate on the date the information was published. However,as this may be many months before your holiday and despite careful checks, errors or changes may occur afterthe date of publication. If we are made aware of such errors, or changes, we will use our best efforts to informyou of them at the time of booking.

20. System Errors

In rare cases errors may occur when putting together the brochure or when inputting prices into our reservationssystem or website. We regret that any contract entered into on the basis of an inputting/systems error orerroneous price will be null and void. In the unlikely event that such a situation occurs you will be given the optionto either pay the correct price or cancel with a full refund.

Pre-Departure Information

Holiday Documentation

Your documentation will be provided by e-mail. Please ensure you provide us with a valid email address at thetime of booking in order for us to provide you with your booking invoice, holiday documentation and ATOLcertificates. If we do not have a valid email address please note that there is charge of £10.00 to post your traveldocumentation.

Emergency contact information

We use mobile phone or email contact information for emergency purposes in time-sensitive situations so thatwhere should the need arise, we can quickly get in touch. This information will not be used for marketingpurposes and will be disposed of after your trip. Final documentation will not be released until you have providedus with this information.

Advance Passenger Information (API)

It is now a UK Government requirement for certain key passport & personal data to be provided for securityreasons. You will be required to provide this information via a designated web portal. If you do not submit thisdata your booking may be subject to cancellation because the transport provider may be unable to allow you totravel. you must provide the data as soon as possible after the booking has been made and at least 4 monthsprior to departure. If you are booking within 4 months of departure you must submit the data immediately afterbooking via the relevant web portal. For destinations not involving the USA, the absolute final deadline for data tobe submitted is 4 days prior to departure although again we would encourage you to submit the data as soon asyour booking has been made. Inaccurate or incomplete data could delay your journey, either at check-in or withthe immigration authorities. We cannot accept responsibility for incorrect or incomplete data provided, and if youare unable to travel for any reason relating to the provision (or omission) of API data, no refunds will be available.To provide your API data, go to "My Booking" at the top of our Web Page. You will need to enter your BookingReference and the Lead passenger name, and this will take you to the secure link where the required APIinformation may be entered.

All About Your Hotels, Resort & Ship

Hotel/Ship Accommodation

Our prices are based on 2 adults sharing a standard room/ cabin with facilities as noted in the accommodationdescription. Supplements may apply for any additional facilities. If our description indicates 'bath or shower' or'balcony or terrace' we are not able to guarantee which you will get, since availability will vary. Hotels maysometimes be located outside the city centres in outlying areas but will still have access to the city forsightseeing. A cabin on a cruise described as having two beds/berths can have permanent lower beds, foldawaybeds, sofa beds, lower and upper berths (similar to bunk beds) or any combination of these. On some ships cabinsizes vary within the same cabin category. Your cabin may be affected by mechanical noise and/or vibration.Views from outside cabins can sometimes be obscured by lifeboats, double docking and some portholes bydeadlights. During tours and the land portion of a cruise holiday, it may be occasionally necessary to usealternative hotels, of at least an equivalent standard, to those shown.

Hotels

It may be occasionally necessary to use alternative hotels to those shown on the tour page. Such alternativehotels will be of at least an equivalent standard to those indicated and final details will be provided with your finaltravel documentation or on occasion, by your Tour Director. Hotels may sometimes be located outside the citycentres in outlying areas but will still have access to the city for sightseeing.

Ratings

Official hotel, motel and cruise ship ratings are set by relevant overseas authorities (where applicable) andunfortunately do not represent a consistent way of comparing accommodation standards from one country to thenext. We have therefore established our own Diamond ratings to help you choose. These are based on ourknowledge at the time of publication as well as your own views and take into account facilities, food, service, andlocation. If you are on an Avalon cruise the vast majority of the hotels mentioned on the itinerary are 4 or 5 starofficially rated.

Triple & Single Rooms and Sole Occupancy

There is a supplement charged for single rooms/cabins and sole occupancy. This is because our contract withthe accommodation provider is based on a price per room and our holidays are sold per person. The per-personprice for a lone traveller can include the entire double cabin/room cost. In some accommodation there arecabins/rooms that are designed for single occupancy only. In this instance there will normally be a supplementbut this will usually be less than when a single person occupies a double cabin/room. You may sometimes findthat single cabins/rooms are not quite as good as a twin or double room in terms of size, location and generalstandard and in Japan are considerably smaller. Please note that you are paying a supplement for your privacyrather than for the facilities and in some locations. A third person reduction is given in a triple room as it is basedupon three persons sharing a twin room, space may therefore be reduced. The extra bed is usually a camp,folding, or sofa bed. In USA, Canada and some long haul areas, many rooms have two double beds (sleeping upto 4) with no space for an extra bed due to fire safety regulations.

Hotel/Ship Arrival and Departure times

Check in time at hotels is generally after 2pm and you should anticipate having to check out by 10am irrespectiveof the time of your departure flight. River cruise lines and Ocean cruises lines have strictembarkation/disembarkation times which will be conveyed near the time of your departure. If the first night isaboard your ship, then all passengers must be on board for a mandatory safety drill. If you have chosen to makeyour own way to the ship, please note that we cannot be held liable for any failure to meet the ship in time for theconfirmed time of embarkation.

Meals

Many hotels offer popular buffet-style meals, either in full or part. On occasion, when on a tour meals may not betaken at your accommodation but at a nearby restaurant. In a few cases, additional optional events may beorganised by the hotelier and any charge for these may be paid for locally. If breakfast is included in the price ofyour holiday please note that some accommodation may not be able to provide a full breakfast for early morningdepartures and will instead prepare a packed breakfast. Most cruise lines offer set meal times on board. Smallervessels may be limited to one sitting. Larger Ocean cruise lines also offer specialist dining options at a subsidisedfee payable on-board. Not all hotels/ships offer a choice of menu.

All Inclusive Holidays

All inclusive normally includes all meals and local drinks (during the bar opening hours specified in individualhotel descriptions) as well as day and evening activities at your hotel. An extra charge will be made for importedalcoholic drinks and where relevant the a la carte restaurants on site can often apply a service charge. Elementsnot stated as included may incur a local charge.

All About Your Flight and/or Train Journey

Your flight details

Eurostar itineraries are based on departures from London St Pancras unless a different station is requested andavailable. The actual selling price may vary from that published due to numerous factors. Flight timings shownare for guidance only and are subject to confirmation and alteration. Flights may not necessarily be non-stop orthe most direct routing and en-route a change of aircraft may sometimes be necessary. Some airlines require thatyou check-in online and have access to an email address. If arranging domestic air, coach or train tickets toconnect with your international flights, please note that we cannot be held liable for any loss or expense incurreddue to flight time changes or flight delays. Similarly, in the event of your flight arrangements being changed orcancelled as outlined in Clauses 3 & 4 of our Booking Conditions, we accept no liability for extra costs orconsequent losses. Please refer to Clause 5 of our Booking Conditions for applicable terms with respect todelays.

In-flight Services

Depending on the airline, on board meals, alcoholic beverages and in-flight entertainment (films and multi-channel stereo) will normally be available, although are subject to change and on some flights additional chargesmay apply.

Baggage Allowance

Your baggage allowance depends on the terms and conditions of the applicable airline so please check directlywith them prior to your departure. Baggage in excess of the allowance dictated by the airline cannot be carried bythe airline, or will be subject to an excess charge. Due to limited space on touring coaches and river cruise boatsonly one piece of baggage per person, with maximum dimensions 30"x21"x11" (76cm x 53cm x 28cm) ispermitted plus reasonable hand luggage. Some holidays have more restrictive regulations than those listedabove. Please refer to your Travel Documents for applicable regulations.

All About Your Touring/Cruising Holiday

Minimum Numbers

Whilst we generally operate the vast majority of departures advertised please note that on some tours a minimumnumber of persons is required. If we find we are short of bookings on any particular date, we will speak to youabout alternatives as soon as possible.

Coach Tour/Cruise Itineraries

Please bear in mind that coach-touring/cruising itineraries may have to be changed, sometimes at short notice, foroperational reasons, or other reasons beyond our control, including a force majeure event. River cruise travel maybe impeded by repair/maintenance works being carried by local authorities or by water levels. This can causechanges to the published itineraries or to operate the itinerary by coach. These events are beyond our control andwe will not be responsible for any loss, expense, or inconvenience caused by reasons of such changes. Duringlocal or national holidays or special events, on Sundays and on religious occasions, certain visits may be limited ornot available. If any facilities included on an excursion provided as part of the itinerary are closed, alternatives willbe offered where possible.

Optional Excursions and Transfers

Optional excursions in additional to those included in your itinerary may be available for purchase while onholiday. The operation of all/any optional excursions is subject to availability and a minimum numberparticipating. Prices may be subject to change and the right is reserved to substitute a similar alternativeexcursion should it become necessary. Please see clause 7 of our Booking Conditions Local transfers andexcursions are provided by local operators and the type of vehicle used may vary on occasion we are thebooking agent and are not responsible for carrying out the excursion.

Home pick up service

Our home pick up service is a collect and return car service from your home or a chosen address in Mainland UK,in a private, air conditioned car. If you live within 50 miles of your international departure point, you can be pickedup and dropped off at your doorstep as part of your holiday. For any holiday operated by our sister companyAvalon the service is extended to 100 miles. If you live more than 50 miles away by road from your chosendeparture point (or more than 100 miles on an Avalon booking) you can pay for the excess mileage at £1.70 percar per mile. This service is only applicable to UK mainland and is subject to change and availability. Please notethat within 50 miles or 100 miles for Avalon this is a complimentary service with no monetary value so no refundwill be made if this service is not used.

The Cost of your Holiday

Price match guarantee

We are so confident that we offer the best value touring holidays that if you find a cheaper like for like tour withanother company we will not only match their price but also give you a £50.00 discount on the holiday. Pleasenote that the holiday must be an identical match and the offer is for our tour holidays only.

Loyalty discount

As a reward to our loyal customers a discount can be claimed if you book another holiday within 12 months oftravelling with us.

Promotional Information

Throughout the year we run lots of deals, offers, and discounts at varying times. These are subject to availability,can be changed, or withdrawn without notice, have specific limitations, or apply to new bookings only.

Guide Price

We access real-time airline pricing to offer you the best holiday price available on the day you book. The ‘fromprice is a guide at the time of going to print, based on two people sharing a room and travelling on the cheapestdeparture date. Please see Clause 2 of the Booking Conditions for full details of our Price Policy.

Your Price Includes

• The services of a cruise/tour director, local guide, or representative, resort and city stay elements of yourholiday;

• Return international flights/Eurostar/Rail journey from the UK as specified on each itinerary. (NB. Some traincompanies and airlines do not include in-flight meals. However, refreshments on board will normally be availableat an extra cost);

• Airport taxes, security charges and port taxes;

• Fuel supplements known at time of booking;

• ATOL Protection contribution;

• UK Government Air Passenger Duty or equivalent passenger taxes and duties from time to time;

• Transfers between overseas airports and accommodation unless otherwise stated in the brochure or on ourwebsite (transfers are not included if you have booked 'just the tour/cruise' arrangements);

• Cruise/tour content as specified in each itinerary;

• Accommodation and meals confirmed as per your final Confirmation/Invoice;

• Porterage if it is shown under the "All this included" on itinerary page;

• All state/regional/local taxes, VAT and service charges unless otherwise stated in the tour description;

• All applicable ferry fares, bridge, tunnel, and highway tolls;

• Sightseeing and excursions specified as included in the tour/cruise description; and

• Any gratuities for cruise director and crew on board (for Avalon European river cruises only)

The Only Extras

Food and beverages unless shown as included in your itinerary;

• Meals on certain scheduled flights and train services;

• Any optional excursions, city sightseeing and entrance fees (unless specifically noted as being included in theprice);

• Gratuities to drivers and tour directors/guides, stewards on board trains and on board all ocean cruise lines(unless specifically shown as included in the price);

• Personal departure taxes payable at overseas airports that are payable locally - see individual tour/cruise pagesfor details, where applicable;

• Holiday Insurance;

• Any other consumer levy that may be imposed by the UK Licensing Authority or approved body;

• Costs of visas or vaccinations, where necessary;

• Additional charges that will usually be incurred for facilities such as laundry, safety deposit boxes, air-conditioning, minibar and sports facilities etc. unless otherwise stated;

• Any flight supplements or upgrades;

• Any room/cabin supplements or upgrades, as described in the price panel;

• Transfers if you have booked 'Just the tour/cruise' arrangements;

• For bookings within approximately a month of departure, a late booking charge may be incurred, which will be aminimum of £18 per person; and

• For any payments made by credit card there will be a charge of 1.5% of the total cost of the holiday

Some Practical Information

Passports

It is essential that first and last names on flight tickets or itineraries exactly match those on the passportotherwise passengers may not be permitted to travel and any applicable insurance will be ineffective. It is yourresponsibility to ensure that your passport is valid for your journey to all destinations that you will be visiting andthat you are aware of the entry requirements. Some overseas countries have an immigration requirement for apassport to remain valid for a minimum period after the date of entry. Information on Passport requirements anddetails for relevant embassies can be found at https://www.gov.uk/foreign-travel-advice. Further information fromthe Identity and Passport Service can also be obtained as follows: Advice line: 0300 222 0000 8am-8pm daily(calls charged at your network provider's standard national rate). We recommend that you take a photocopy ofyour passport pages showing your photograph and passport number and keep these with you in a separate placefrom to the original to help in the unlikely event that your passport is lost while you are overseas.

Visas

As travel regulations are constantly changing, we as a tour operator are unable to guarantee that the informationwe provide concerning such requirements is up to date / always accurate. It is your obligation to ensure that youcheck the most up to date position well in advance of departure and comply with all necessary Visa, Passport orother travel regulations. We must emphasise that neither ourselves nor the carrying airline can accept any liabilityshould your passport and/or visa requirements not be in order, and we would advise you to check onhttps://www.gov.uk/foreign-travel-advice and if unsure with the relevant embassy. Please also see clause 16 ofour Booking Conditions.

Travel Advice

Know Before you Go

The Foreign & Commonwealth Travel Unit may have issued information about your holiday destination. You areadvised to check this information on the FCO website - http://www.fco.gov.uk/. Alternatively, you can contactthem on 0845 850 2829 or the ABTA Information Department on 0901 201 5050 (calls charged at 50p/minute).

The International Air Transport Association (IATA) launched the IATA Travel Centre athttp://www.iatatravelcentre.com/ in order to provide travellers with up to date passport, visa, health and otheressential information, from which documents are required, to what taxes must be paid.

Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. ButATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirmwhat protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not beATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those partswill not be ATOL protected. Please see our bookings conditions for information or for more information aboutfinancial protection and the ATOL Certificate go to www.atol.org.uk/ATOLcertificate

Currency

It is a good idea to change some money into foreign currency before you go. American Express, Visa, Access(Mastercard), and Diners Club cards are acceptable in most places. Please check with your bank and/or creditcard company to ensure that your card is accepted in the Country that you are travelling. We also recommendthat you inform your bank or credit card company that you will be travelling abroad and using your card(s)overseas, to avoid them putting a block on them as part of their 'anti-fraud' measures, whereby they monitorunusual or suspicious activity. It is also worth taking a contact telephone number for your bank/credit cardcompany that can be dialled from abroad (not an 0870 number).Please note that it is becoming more difficult andin some cases not possible to change traveller's cheques in some countries abroad.

Customers requiring Special Assistance

Please tell us if you or a member of your travelling group requires special assistance either prior to booking yourholiday or within a reasonable time period before travelling so that appropriate arrangements can be requested.We will endeavour to meet the needs of any customers who require special assistance although please note thatit may not always be possible. It is your responsibility to ensure you are medically fit to travel and wherenecessary that you have a travelling companion who can assist you with any difficulties as our employees will beunable to provide individual assistance. It must be noted that not all sightseeing stops or visits will be suitable forwheelchairs or customers with mobility restrictions, more information on a specific holiday can be provided forsuitability. On our Avalon ships motorised scooters are not permitted. If you have a medical condition thatrequires carrying baggage that goes beyond the applicable airline allowance limit or any medical facilities onboard a cruise ship then additional charges may apply. Please see Clause 16 of our Booking Conditions forfurther information and terms with respect to special assistance.

Licensing, Your Privacy and Contacting Us

Membership and Licensing

Cosmos is a Member of ABTA with membership number V3031, and licensed by the Civil Aviation Authority(ATOL number 1082). ABTA and ABTA Members help holidaymakers to get the most from their travel and assistthem when things do not go according to plan. We are obliged to maintain a high standard of service to you byABTA 's Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration schemeavailable to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 orwww.abta.com. Please also see the paragraph 18 of the Booking Conditions.

Data Protection & Your Privacy

We will need to use the details you give us to properly process your booking from the point of booking, duringyour holiday and beyond and for improving customer service. We will also need to keep your details in case weor our suppliers (such as airlines, accommodation providers and transport companies) and agents need tocontact you in respect of your travel arrangements. The details we may need to store and use include the namesand contact details of you and all parties to your booking, credit/debit or other payment and passport details andwhere applicable, details concerning any disability, medical conditions or dietary requirements (which mightdisclose your religious beliefs) which might affect the chosen holiday arrangements.

We value your relationship with us and we strive to maintain an excellent level of customer service. Unless youask us not to, in order to improve customer service across our business we will share your details with our UKgroup of companies (Avalon Waterways and Archers Holidays).

It may be necessary to transfer your details to a country or countries outside of the EEA, where the dataprotection and privacy rules are less stringent. We or our suppliers or agents may be required to pass your andyour party’s details on to certain governments or government appointed bodies or agencies in the interest ofsecurity or because we are obliged to by law. For the purposes of protecting your security and safety, CCTV maybe installed in the public areas on board all of our Avalon ships. We reserve the right to use images captured onCCTV where there is an incident or accident that we cannot be expected to ignore. Footage retained forevidential purposes will be retained securely and access will be restricted. Where footage is retained, we willensure the reason for its retention is recorded, the use made of the footage and ensure its destruction once it isno longer needed. Please note that such footage may also be provided to law enforcement agencies for thepurposes of detecting and preventing crime or where disclosure is otherwise required by law.

In making this booking, you agree to us storing, using and passing on the information referred to for the reasonsstated above and in our Privacy Policy which can be found at www.cosmos.co.uk/FAQ We will of course informyou if there is any further information we require from you during the booking process.

Please note that, in addition to us contacting you in relation to your travel arrangements, we may also contact youfollowing your holiday with details of other holidays / tours provided by us that may be of interest to you. We mayprovide your contact details to our UK group of companies for this purpose, unless you inform us that you do notwish to receive such approaches in future. For the purposes of the Data Protection Act 1998 (“DPA”), we are aData Controller (as defined in the DPA). You are generally entitled to ask us about details of yours that we areholding, why we're holding or processing them and to whom we have disclosed or may disclose them to. To dothis, please send a letter to the address listed in Clause 8 above. We promise to respond to your request within40 days of receiving the request in writing along with any applicable fee. There are circumstances where we shallbe within our rights to refuse such a request. If you believe that any of your personal information that is held orbeing processed by us is incorrect then please write to us immediately as we cannot be responsible for anyproblems that may arise due to inaccurate information that you have provided us with. If you would like furtherinformation then you may find the following websites useful: http://www.hmso.gov.uk orhttp://www.informationcommissioner.gov.uk