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Terms and Conditions
How to Book
Credit and Debit Cards
Passport and Visas
Health
Prices and Brochure Accuracy
Accommodation
Travellers with Disabilities/Medical Problems
Smoking Restrictions
Special Requests
Private Transfers
BOOKING CONDITIONS
1. Booking and Payments
2. Our Price Policy
3. Comsumer Protection Funds
4. Cancellation by you
5. If you change your booking
6. If there is a change of plans
7. If we cancel your holiday arrangements
8. Our liability to you
9. Force Majeure
10. If you have a complaint
11. Arbitration
12. Flight Information
14. Advance Passenger Information
15. Insurance
16. Conditions of suppliers
17. Financial Security
18. Safety Standards
19. Holidays for children
20. Privacy Statement
21. Website Disclaimer
22. System Error
All Inclusive
Single Supplements
Free Room Upgrades
The Foreign and Commonwealth Office
How to Book
The holidays in this brochure can only be booked directly through our
office in Cranbrook. Demand is sure to be high so don’t miss your place.
You can make your reservation by telephoning our Reservations
Department on the direct telephone number given below. You can also
make a booking online at www.mercurydirect.com. At the conclusion
of your booking you will be given a unique reservations booking number
which you will need to keep for future reference. A deposit of between £100pp and £300pp plus any relevant insurance premiums is payable
at the time of booking. Please see section 1. Booking and payments of
the booking conditions.
Please note that whilst we welcome telephone/internet bookings, we
cannot guarantee holding a booking for longer than four working days
if we have not received your appropriate payment within that period.
Cheques and money orders should be made payable to Mercury Direct.
To avoid disappointment please book without delay, giving your second
choice of dates if possible to ensure inclusion if your first choice is
already booked. On receipt of your appropriate payment we will issue
a confirmation invoice to you. If booking within eight weeks of departure,
full payment is required. You will receive your tickets and travel
information approximately 14 days before departure.
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Credit and Debit Cards
You may pay your holiday by debit or credit card. Due to increased
processing charges, a 2% charge is applicable to all credit card
transactions.
Items not included in the holiday price (per person)
* Holiday Insurance
* Passports, visas and vaccinations
* Optional excursions
* Meals, unless otherwise stated
* Personal expenditure
* Transfers except where stated
* Porterage
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Passport and Visas
Recently new fees and services were introduced for passport
applications, renewals and amendments. If you are in any doubt, please
check at a Post Office before booking your holiday. As travel regulations
are constantly changing, we are unable to provide up to date information
concerning such requirements. It is your responsibility to ensure that you
comply with all necessary, visa, passport and other travel regulations.
We do not accept any responsibility if you cannot travel because you
have not complied with any passport, visa or immigration requirements.
A valid passport is essential when you travel abroad, although your
passport has been issued for 10 years (5 years for children) you should
note that some overseas countries have an immigration requirement for
a passport to remain valid for a minimum period after the date of entry
to that country. If your passport is in its final year of validity you are
advised to check the requirements of the country before you make your
final travel plans. If you hold a commonwealth or non British passport
please check passport and visa regulations with the Consulate of the
Country of all the countries you will be visiting or passing through. If you
have an Israeli stamp in your passport and wish to visit an Arab Country
or have a Turkish Cypriot stamp and wish to visit Cyprus, please contact
the nearest passport office because it may be necessary to obtain a
supplementary passport. British Citizen passport holders will require a
visa or ETA (Electronic Travel Authority) to travel to Australia. ETAs can
be processed by our administration department at a cost of £17
per person.
Further information regarding passports can be obtained by telephoning
the UK Passport Service advice line: 0870 5210410
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Health
Travel to certain countries may mean that it is advisable, or in certain
cases, compulsory for you to be inoculated against certain illnesses.
In view of the fact that our brochure has been published several months
in advance of your departure date, we cannot give up-to-date details
of inoculations and health precautions for your holiday. It is essential,
therefore, that at the time of booking you get fully comprehensive
information about inoculations and health precautions that you may
need for your holiday. You can contact either one or more of the
following: The Department of Health - They produce a useful leaflet
(T6) which covers EC and non EC countries and can be ordered by
telephoning 0800 555 777 - free of charge. For European holidays you
should obtain a completed and issued form E111 (details in leaflet T6
referred to above) prior to departure. Your GP or Local Area Health
Authority MASTA Travellers Health Line-On receipt of your name, address
and travel details, you will be sent a detailed Health Brief specially
tailored to your journey and giving information on immunisations,
malaria and latest health news. Telephone 0207 2104850. The phone
call will be charged, at the time of going to press, at 50p per minute.
Circumstances can change and therefore we also advise that you
re-check health information closer to your departure date. It is your
responsibility to ensure that you are in possession of all necessary travel
and health documents before departure. All costs incurred in obtaining
such documentation must be paid by you. We regret we cannot accept
any liability if you are refused entry onto any transport or into any
country due to failure on your part to carry correct documentation.
If failure to have any necessary travel or other documents results to fines,
surcharges or other financial penalty being imposed on us, you
will be responsible for reimbursing us accordingly.
Health recommendations
We advise that all clients should check the up-to-date recommended
practice with regards to vaccinations and specific health requirement for
the chosen destination with their GP, practice nurse or travel health clinic.
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Prices and Brochure Accuracy
The prices and information featured in our brochures and shown on our
website are correct at the time of publication. However, in the event of
any online inaccuracy or discrepancy, the price quoted by our in-house
booking system will be taken as the valid price for the holiday in
question. We reserve the right to change prices from time to time.
Accordingly, it is possible that when you book your holiday the actual
price of your holiday has changed, the correct price will be confirmed at
the time of booking. We reserve the right to correct errors at any time
prior to the price being confirmed at the time of booking. Once you have
made your booking and paid a deposit or full payment has been made,
we will only increase the price in the following circumstances. Price
increases after booking will be passed on by way of a surcharge (see
clause 2. ‘Our Price Policy’). A surcharge will be payable in the event of
increases in transportation costs (e.g aviation insurance and security levy,
fuel, scheduled air fares and any other airline surcharges which are part
of the contract between airlines (and their agents) and the tour
operator) and/or in any dues, taxes, or fees payable for services such as
landing taxes or embarkation or disembarkation fees at ports or airports
or where the costs increase as a result of any adverse changes in the
exchange rates which have been used to calculate the cost of your
holiday. Please bear in mind from time to time certain facilities, including
optional excursions, swimming pools and entertainment may be
withdrawn or cruise itineraries altered, due to lack of demand, weather
conditions, essential maintenance work or other circumstances outside
of our control.
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Accommodation
Our prices are per person based on the shared occupancy of double or
twin-bedded rooms. (Alternative accommodation supplements are given
with the individual holiday details). As far as possible we will use the
hotels stated in the brochure. Occasionally it may be necessary to use an
alternative hotel of equal standard and you will be advised at the earliest
opportunity (see clause 6 for full terms and effects). While a supplement
is normally charged for single rooms in European hotels these are often
inferior to double or twin-bedded rooms. Three-bedded rooms are
usually twin rooms with an extra bed. The standard international practice
is to let rooms from midday to midday. However times do vary, Check-in
times are usually between 2pm and 3pm, check out times between
11am and 12 noon on the day of departure. Therefore, if you check-in
immediately after a night flight this would normally count as one night’s
accommodation. Similarly if your return flight is at night you will normally
be required to vacate your rooms at 12 noon prior to leaving for the
airport. Day rooms are subject to availability/cost and should be
arranged locally with the accommodation management. On holidays
including Half Board meal arrangements, dinners will normally be based
on a table d’hote set menu unless otherwise stated. As far as possible
we will use the hotels stated in the brochure. When taking an
All-Inclusive holiday the following may apply:
You may be required to wear a wrist band or carry an identification card
to qualify for the full range of inclusive benefits. Times when free drinks
and snacks are served can vary but are typically between 11.00am and
midnight. After that a cash bar may operate. Bottled water may not be
included as part of your All-Inclusive package. There may be a charge for
motorised sports, time limits on some other free sporting activities as
well as age or experience qualifications for some sports. If you are under
18, you may have to wear a different coloured wrist band or carry a
different identification card to those issued to adult guests. Under 18
year should not expect to be served alcohol. Á la carte meals are not
included as part of the All-Inclusive package unless otherwise notified
by the hotel.
One of the main attractions of holidaying abroad is to see something of
a way of life that is different to what we are used to at home. You should
not therefore expect things to be the same as in Britain - invariably this is
not so. For example Star ratings are awarded by the local authority in
each country and should not be compared to equivalent star ratings in
the UK as standards may vary. Where it is stated that there is satellite TV
in your room, please do not expect to receive more than 1 or 2 English
channels. In other countries - some of which have only recently become
accustomed to an influx of foreign tourists - the locals tend to be more
relaxed in their approach to life, and this usually means taking their time
over things. Also, because of the rapid development of some resorts, the
provision of roads, power supplies and water supplies etc. has
sometimes not kept pace with the demands of tourism. You may
experience problems with plumbing or drainage or inconvenience like
a broken door handle, or missing lightbulb. Standards of furnishing or
electrical fittings may be more basic. It is also worth remembering that
on a holiday where the absence of rain rates high on your list of
priorities, water shortages can sometimes be unavoidable - indeed even
in the largest hotels if everyone decides to shower or bath at the same
time, hot water may run short. Don’t get annoyed if these things occur -
just report it to the receptionist and it will be fixed eventually! And of
course our representatives will also help in any way possible. Food
overseas can also be a little different to what you’re used to. The choice
of food is a very personal matter and often hotel menus are designed to
please the greatest number of people. However, many resorts do have
restaurants and snack bars where British style dishes can be bought if
you prefer.
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Travellers with Disabilities/Medical Problems
We are happy to welcome travellers with disabilities on many of our
holidays but regret that in some cases we are unable to do so, due to
the travel arrangements and/or the hotels which are featured. The
suitability of any holiday will depend on the nature of a disability and in
some cases whether the person with the disability is accompanied by an
able-bodied companion. In order to ensure the comfort, safety and
enjoyment of your holiday if you or any member of your party has any
medical problem or disability which may affect your holiday, please tell
us before you confirm your booking so that we can advise as to the
suitability of the chosen arrangements where necessary, instruct our
representatives accordingly. In any event, you must give us full details in
writing at the time of booking. If we reasonably feel unable to properly
accommodate the particular needs of the person concerned, we must
reserve the right to decline their reservation or, if full details are not given
at the time of booking, cancel when we become aware of these details.
A checklist for disabled and less mobile passengers can be obtained by
contacting us directly and will need to be completed and signed by you
before your booking can proceed. Please note that completion of this
form will not guarantee your needs will be met. It will however enable us
to check the suitability of your chosen holiday with our resort staff based
on the information supplied by you. We cannot be held liable if you fail
to tell us about any special requirements that may affect your holiday.
PLEASE NOTE: If special arrangements need to be made for you an
extra charge may be levied, this may include transfers. We cannot be
held responsible if you fail to tell us about special needs/requirements
that will affect your holiday experience and no compensation will be
made.
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Smoking Restricitions
Please refer to the relevant country’s tourist board website prior to travel,
in order to see the full details of any smoking restrictions in public areas.
Please note that public areas include bars, restaurants, hotels, shops,
coaches and the airport. Separate smoking areas that are well ventilated
will be at the discretion of individual bar, café or restaurant owners.
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Special Requests
If you have any special request, you must advise us at the time of
booking and clearly note it on your booking form. Although we will
endeavour to pass any reasonable requests on to the relevant supplier,
we regret we cannot guarantee any request will be met. Failure to meet
any special request will not be a breach of contract on our part.
We regret we cannot accept any conditional bookings, i.e. any booking
which is specified to be conditional on the fulfilment of a particular
request. All such bookings will be treated as standard bookings subject
to the above provisions on special requests.
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Private Transfers
Private transfer prices are based on a minimum of two people (maximum
four). If one person is travelling the cost will be double.
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BOOKING CONDITIONS
These conditions and other information set out in this brochure and on our website form the contract
between you and us. No employee or representative of this Company has the authority to vary these terms
and conditions. Your contract shall be governed by and construed in accordance with English Law and is
subject to the jurisdiction of the Courts of England and Wales. You may however choose the law and
jurisdiction of Scotland or Northern Ireland if you wish to do so.
Information about our holidays (including prices and travel details) may be featured on other websites
operated by travel agents and other organisations. Please note that we do not accept liability or responsibility
for any advice given to you on any website which is not operated and maintained by ourselves. These
Booking Conditions together with the information contained in the ‘All You Need to Know’ and ‘Holiday
Insurance’ sections form the basis of your contract with us, Sunspot Tours Ltd trading as Mercury Direct
(ATOL number 1631, ABTA membership number VO211). We do our best to ensure that all possible care is
taken to see that you have a happy and successful holiday. The Booking Conditions below seek to explain as
clearly as possible the responsibilities undertaken by both of us when you make and we accept a booking.
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1. Booking and Payments
The holidays in this brochure can be booked by telephoning our reservations department in Cranbrook,
using the appropriate telephone number for Longhaul or Shorthaul holidays, or by visiting our website
www.mercurydirect.com. The person making the online/telephone booking must be over 18 and
guarantees that they have authority to accept and do accept on behalf of your party the terms of these
booking conditions. The person making the booking guarantees payment to us of the total cost of the holiday
booked. A deposit of between £100 and £300 per person, plus insurance, if appropriate (or full payment if
booking within eight weeks of departure) is payable. The deposit can be increased dependent on the airline
and/or country you are travelling to. You will be advised of any increases at the time of booking. If the deposit
or balance is not received by the due date, we reserve the right to cancel the booking and levy cancellation
charges as described in Section 5 of these conditions. We do not send reminders of monies owing.
The booking is definite once it is confirmed on the internet using our online service and payment of the
deposit or full amount (where applicable) has been made. Once your booking is confirmed as definite a
contract exists between us and all conditions become binding on us both. We will send you an invoice
showing details of the holiday. If a 3rd week is free, this will still be subject to any room supplements.
Contact us immediately if any information which appears on the confirmation or any other document
appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot
accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending
it out, five for tickets. We will do our best to rectify any mistake notified to us outside these time limits but
you must meet any costs involved in doing so.
Credit and Debit Cards
You may pay your holiday by debit or credit card. Due to increased processing charges, a 2% charge is
applicable to all credit card transactions.
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2. Our Price Policy
The price of your holiday was calculated using exchange rates quoted by Barclays Bank in March 2008 in
relation to the following currencies: Exchange rates of £1 to;-
Euro - EUR1.28
Australia - AUD2
US Dollar - for Sri Lanka, Bali USD1.90
New Zealand - NZD2.22
Japan - JPY194.23
Singapore - SGD2.38
Thailand - THB53.04
South Africa - ZAR12.7
Fiji - FJD2.45
Malaysian Ringgit - MYR5.45
Dubai - AED6.23
The price of your holiday is subject to surcharges on the following: changes in fees (including transportation
costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports
and exchange rates) and services mean that the price of your travel arrangements may change after you
have booked your holiday. However, there will be no change to the cost of your holiday within 30 days of
departure.
In relation to package holidays we will absorb and you will not be charged for any increase equivalent to 2%
of the price of your travel arrangements, which excludes insurance premiums and any amendment charges
and other extras not part of a package. You will be charged for the amount over and above that, plus an
administration charge of £1.00 per person. If this means that you have to pay an increase of more than
10% of the price of your travel arrangements, you will have the option of accepting a change to another
holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but
if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund
of monies paid, except for any amendment charges.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your
holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not
always purchased in local currency and some apparent changes have no impact on the price of your travel
due to contractual and other protection in place.
Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the
issue date printed on the invoice. If you do not tell us that you wish to cancel within this period of time, we
are entitled to assume that you do not wish to cancel and will pay the surcharge. Any surcharge must be
paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge
invoice, whichever is the later.
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3. Consumer Protection Funds
There is a possibility of the introduction of consumer levies to provide additional financial protection for the
holidays in this brochure. As we have no way of knowing whether this will happen, our prices have been
calculated on the basis that no such levy will be introduced during the validity period of this brochure. If a
consumer levy is introduced it will be added to the price of both unsold and confirmed holidays (if
applicable) whether it is payable by the consumer or by the tour operator. The levy will be shown as a
separate item on your invoice and will not be subject to the provisions of Our Price Policy set out above.
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4. Cancellation by you
Should you or any member of your party need to cancel your booking, or any part of it, once it has been
confirmed, you must do so in writing. The charges which will be incurred are set out below, and will depend
on when we receive your written notification. Any amendment fees, insurance premiums, airport taxes or
higher level deposit paid cannot be refunded and are payable in full. Period before departure within which
Cancellation charge per written notification of cancellation person cancelling is received by us (see note
below)
More than 56 days Deposit only
56 - 43 days 50%
42 - 29 days 60%
28 - 15 days 80%
14 - 0 days 100%
Note: above shown as % of holiday cost (excluding insurance premiums or amendment fees).
Please ensure that you are in receipt of written confirmation from us of your cancellation. Depending on the
reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess)
under the terms of your insurance policy. Claims must be made directly to the insurance company
concerned.<br>
Airport taxes<br>
Airport taxes are not refundable if your holiday is cancelled.
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5. If you change your booking
Requests to change your booking after confirmation (e.g transferring to a different hotel, departure date or
airport) must be made in writing, but we are not bound to comply with such requests. If additional people
are added to your booking, they are added on the understanding that they have also accepted these
booking conditions. Where we can meet a request for a change to your holiday we will issue a revised
holiday invoice to confirm this. To avoid incurring booking service changes at a later date, please remember
to book all additional items when you confirm your holiday. Subsequent amendments/alterations will incur
the following charges;
(A) Should you wish to make any changes to your confirm holiday, you must notify us in writing as soon as
possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such
requests. Where we can, an amendment fee of £25 per person for Malta and from £30 for other
destinations will be payable together with any costs incurred by ourselves and any costs or charges incurred
or imposed by any of our suppliers.
If you amend your booking in any way (subject to (B) below) less than six weeks before your original
departure date this will be treated as a cancellation and the cancellation charges shown in paragraph 4 will
apply. Any new arrangements will be treated as an entirely new booking.
(B) If you or a member of your party is prevented from travelling, that person may transfer their place to
someone else(introduced by you) up to 28 days before departure subject to the following conditions:
(i) the reason for such a transfer is personal illness which prevents you from travelling, death or serious
illness of a close family relative, redundancy or unavoidable work commitments, jury service: and
ii) you provide documentary proof such as a Doctor’s Certificate of the reason for your wish to transfer and
(iii) you, or the transferee, pays any balance due before the transfer is finalised: and
(iv) the transferee meets any conditions which may apply to the holiday and agrees to the terms of the
Booking Agreement: and
(v) you request the transfer in writing and provide full details of the transferee together with documentary
proof and return to us all existing documentation.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or
incurred or imposed by any of our suppliers as a result together with the amendment fee of £15 or £30
must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges
levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued
for any reason, these charges are likely to be the full cost of the flight.
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6. If there is a change of plans
We start planning the holidays many months in advance. Whilst it is unlikely that changes will have to be
made to your holiday, occasionally we may have to make changes or correct errors in our brochure, and on
our website, further, your flight details may change, or a hotel may close down. However we promise not to
make any significant changes (as described below) to your confirmed holiday arrangements less than 14
days before departure, unless we are forced to do so as a result of unusual and unforeseeable
circumstances beyond our control, the consequences of which we could not have avoided even with all due
care. If you have paid the full brochure price and we have to make a significant change to your
arrangements, we will give you the following choices:
a) accepting the changed arrangements as notified to you
b) purchasing another holiday from us, of a similar standard to that originally booked if available (with you
paying or receiving a refund in respect of any price difference) or
c) cancelling or accepting the cancellation and receiving a full and prompt refund of all monies paid to us.
A significant change is a change made before departure which, on the basis of the information given to us
by you at the time of making your booking, we can reasonably expect will have a major effect on your
holiday. The following changes are examples of significant changes.
• A reduction in the number of nights of your holiday
• A change of your resort area or your accommodation to a lower brochure category for the full duration of
your stay.
• A change of your date of departure
• A change from a day flight to night flight (providing time of departure is changed by more than 8 hours for
shorthaul and 12 hours for longhaul). A night flight which is changed to depart after or before midnight is
not a change of date.
Period before departure Compensation per person (excluding infants) a significant changes is notified to you
56-15 days £10
14 days or less £20
A change of overseas airport, return UK airport or return flight time of less than 12 hours will not be a
significant change. Where your airport is changed we promise to transport you from your overseas
accommodation to your alternative overseas airport or from your UK airport of arrival to your UK departure
airport (except from Gatwick to Heathrow or vice versa or from Stansted to Luton or vice versa).
No offering of the above mentioned choices can be accepted where we are forced to make a change as a
result of unusual or unforeseeable
circumstances beyond our control, the consequences of which we could not have avoided even with all due
care. Please note, the above options are not available where any change made is a minor one.
If you are delayed for more than 3 hours for a reason other than force majeure and in respect of the main
flight included in your holiday, we have adopted the ABTA recommendation practice on flight delays which
state;
a) operators should seek to ensure that in the event of a delay exceeding 3 hours, customers should receive
light refreshments
b) in the event of a delay exceeding 6 hours customers should receive a main meal
c) in the event of a longer delay, wherever possible customers should receive meals and accommodation
appropriate for the time of day.
Under EU Law you have rights in some circumstances to refunds and/or compensation from your airline in
cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU
airports and will also be available from airlines. However reimbursement in such cases will not automatically
entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is
set out in these booking conditions. If any payments to you are due from us, any payment made to you by
the airline will be deducted from this amount. If your airline does not comply with these rules you should
complain to the Air Transport Users Council on 020 7240 6061 www.auc.org.uk.
You are reminded that captains of aircraft have absolute authority over the aircraft and its passengers whilst
boarding or in flight. The captain or other authorised representative if an airline can refuse to carry anyone if
they are unruly or otherwise fit to travel. If you are refused carriage in these circumstances your holiday will
terminate immediately and we shall have no further responsibility or liability to you.
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7. If we cancel your holiday arrangements
We may occasionally have to cancel your holiday arrangements which we reserve the right to do. However,
we promise we will not cancel your holiday after the balance of payment is due unless you have failed to
comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or
where we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control,
the consequences of which we could not have avoided even with all due care. See clause 9 Force Majeure.
No compensation will be payable in such circumstances and we will have no liability beyond offering the
choices as set out below (not available where you fail to comply with any requirement of these booking
conditions entitling us to cancel)
a) accepting the changed arrangements as notified to you
b) purchasing another holiday from us, of a similar standard to that originally booked if available (with you
paying or receiving a refund in respect of any price difference) or
c) cancelling or accepting the cancellation and receiving a full and prompt refund of all monies paid to us.
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8. Our liability to you
We make every effort to ensure that your travel arrangements, which you book with us, are supplied as
described in this brochure. If, after departure, any part of your travel arrangements are not provided as
promised, due to the fault of our employees, agents or suppliers we will pay you appropriate compensation
if this has affected the enjoyment of your travel arrangements. However, our liability in all cases shall be
limited to a maximum of (3 times) times the cost of your travel arrangements.
We accept responsibility for what our employees, agents and suppliers do or do not do providing that they
were at all times acting within the scope of, or in the course of, their employment in the provision of your
travel arrangements and which we are contractually obliged to provide. We will accordingly pay to you such
damages as might have been awarded in such circumstances under English Law or the law you have
chosen under Clause 1.
Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or
any member of your party unless you are able to prove that such injury or illness was caused by lack of
reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations
under our contract with you.
The services and facilities included in your holiday will be deemed to be provided with reasonable skill and
care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if
they are reasonable when compared to the local standards and customs.
And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any
of the following:
a) the fault of the person(s) affected or any member(s) of their party or
b) the fault of a third party not connected with the provision of your Holiday which we could not have
predicted or avoided or
c) an event or circumstance which we or the supplier of the service(s) in question could not have predicted
or avoided even after taking all reasonable care or
d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
In respect of international travel by air, sea and rail, the extent of our liability will in all cases be limited as if
we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention
(international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention
(with respect to rail travel) and The Paris Convention (with respect accommodation arrangements. You can
ask for copies of these these Conventions from our offices.
If you, or any member of your party suffer death, injury or illness whilst overseas arising out of an activity
which does not form part of your package travel arrangements or any excursions arranged through us, we
shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you
require our assistance you must obtain our written consent prior to commencement of any proceedings.
Our consent will be given subject to you undertaking to assign any costs, benefits received under any
relevant insurance policy to ourselves. We limit the cost of our assistance you or any member of your party
to £5,000.
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9. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or
pay any compensation where the performance or prompt performance of our contractual obligations is
prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 8
above) as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which
we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Including
but not limited to, war or threat of war, riot, civil strife, hostilities, political unrest; government action;
industrial dispute; natural or other disaster; nuclear incident; terrorist activity; weather conditions; closure of
airports; fire; flood; drought; re-scheduling; or cancellation of flights or alteration of the airline; or aircraft type
by an airline and technical problems outside our control.
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10. If you have a complaint
We do our best to make your holiday a success. However in the event that you should wish to complain
about any aspect of your holiday, you must notify our local representative who will do everything possible to
put things right. Our representative is there to help you and can usually deal with problems quickly and
satisfactory. If you have a problem during your holiday, please inform the relevant supplier (e.g. hotel) and
resort representative immediately who will endeavour to put things right. You must communicate any
problem to the supplier of the services in question AND to our representative whilst in resort.
If your complaint cannot be resolved on the spot and you wish to take up the matter after your holiday, a
Complaint Registration Form, available from our representative, must be completed in resort before you
return. One copy of this form will be given to you and you should then follow this up by writing to our
Customer Relations Department within 28 days of your return from holiday, quoting your booking number
and detailing the circumstances of your complaint. The matter will then be investigated on your behalf. If you
fail to follow this simple procedure we will then have deprived of the opportunity to investigate and rectify
your complaint whilst you were in resort which may affect your rights under this contract. Subsequent
correspondence must be followed up in writing within 6 weeks of your receiving a full reply from us.
Investigations can take up to eight weeks
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11. Arbitration
Disputes arising out of our connection with this contract, which cannot be amicably settled, may (if you
wish) have your dispute dealt with by arbitration under ABTA arbitration scheme. Although arranged by ABTA,
this Scheme is administered quite independently by the Chartered Institute of Arbitrators. The Scheme
(details of which can be supplied to you on request) provides for a simple and inexpensive method of
arbitration with the case being decided on the basis of written statements and documents only. It does not
generally apply to personal injury claims except those involving minor injury or illness where the maximum
amount which can be claimed is £1,000 per person. If you wish to use the Scheme, you must request this
in writing within 9 months of the scheduled end of your holiday. The ABTA scheme does not apply to claims
for an amount greater than £5,000 per person ( or £25,000 per booking form). Nor to claims which are
solely or mainly in respect of physical injury or illness or the consequences of such injury or illness.
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12. Flight Information
For your information, our flights are scheduled to be operated by: Airtours International Aviation, Air Malta
(Charter and scheduled), Cyprus Airways, British Airways, T.A.P Air Portugal, Excel Airways (and other selected
charter flights in conjunction with Atlantic Holidays and Freedom Flights), First Choice, Iberia, Monarch
Airlines, Ryanair, easyJet, Jet2, Globespan, Thomsonfly, Flybe, Emirates, Air Mauritius, Air France, South
African Airways, Qatar Airways, Sri Lankan Airlines, Thai Airways, Qantas, Cathay Pacific, Singapore Airlines,
Japan Airlines, Air New Zealand, Silkair, Bangkok Airways, Malaysia Airlines, Kuwait Airways, Etihad Airways
and Virgin Atlantic (using a range of Boeing, Airbus and Macdonald Douglas aircraft). We reserve the right to
substitute alternative carriers and/or aircraft types if necessary. In flight service and flight plans may be
subject to alteration if changes occur. Holiday flights operate a no smoking policy. On some airlines there
may be a charge for sail boards, golf clubs, SCUBA or diving equipment etc.
Please note that bookings on “no frills” carriers, like Ryanair, easyJet, Monarch Airlines, Flybe, Jet2 and
Globespan, and selected charter flights, include one piece of checked hold luggage per person. “No frills”
carriers operate a buy-on-board service.
Flight timings planned are also given for your guidance but your actual flight timings will be those shown on
your airline tickets or E-TICKET itinerary (although it is possible that even these timings may change), and
you should check tickets or E-TICKET itinerary carefully as soon as you receive them. We may substitute
alternative airlines and/or aircraft and/or airports of destination if necessary, in which case you cannot
transfer to another holiday or cancel without incurring normal cancellation charges-see section 5. Any such
change will be a normal one, not entitling you to compensation. Where travel is by scheduled air flights,
these will be in economy class. This brochure is issued on the sole responsibility of the tour operator, it is
not issued on behalf of and does not commit the airline mentioned therein or any airline whose services are
used in the course of these holidays. Please note that certain departure times will be affected by the clocks
changing in the Spring and again in the Autumn. Any changes to the actual airline after you have received
your tickets will be notified to you as soon as possible and in all cases at check in or at the boarding gate.
Delays at point of departure: Our policy with regards to clients whom are delayed at the outward and/or
homeward points of departure is in line with the Air Transport Users Council (AUC), guidance on this can be
found at www.auc.org.uk, alternatively please call us and we will send out a printed version of these
guidelines. These guidelines cover denied boarding, cancellations and delays.
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14. Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information
about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be
collected either at the airport when you check in or in some circumstances when you make your booking.
Accordingly, you are advised to allow extra time to check in for your flight.
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15. Insurance
We consider adequate travel insurance to be essential. Details of the policy we offer are shown elsewhere in
this brochure. These premiums must be paid as soon as possible as cover will not be effective until we
receive all applicable premiums in full. If you decide not to purchase this insurance, you should give details
of your alternative policy (insurer and policy number) on our booking form.
Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you
purchase is adequate for your particular needs. We do not check alternative insurance policies.
Any items left in a car in resort are not covered by insurance unless they are in boot or glove compartment
of the car.
You should check your insurance policy as to what you are entitled to reclaim.
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16. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers
provide these services in accordance with their own terms and conditions. Some of these terms and
conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable
International Conventions (see clause 8). Copies of the relevant parts of these terms and conditions are
available on request from ourselves or the supplier concerned.
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17. Financial Security
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for
the monies that you pay for the package holidays booked from this brochure and for your repatriation in the
event of our insolvency. The air holiday packages/flight in this brochure are ATOL protected by the Civil
Aviation Authority. Our ATOL number is ATOL 1631. Please see our booking conditions for more information.
Your Financial Protection: When you buy an ATOL protected air holiday package/flight – from Mercury Direct
you will receive a Confirmation Invoice from us confirming your arrangements and your protection under our
Air Travel Organiser’s Licence number 1631. In the unlikely event of our insolvency, the CAA will ensure that
you are not stranded abroad and will arrange to refund any money you have paid to us for an advance
booking. For further information visit the ATOL website at www.atol.org.uk. If you book arrangements other
than a package holiday from this brochure, the financial protection referred to above does not apply.
A package holiday is defined as a flight and accommodation plus any additional components that are
booked and paid for as an inclusive price in one transaction. Flight only bookings are subject to the terms
and conditions of the airline that you are travelling with. Sunspot Tours Ltd (trading as Mercury Direct) is a
Member of ABTA with membership number V0211. ABTA and ABTA Members help holidaymakers to get the
most from their travel and assist them when things do not go according to plan. We are obliged to maintain
a high standard of service to you by ABTA's Code of Conduct. For further information about ABTA, the Code
of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71
Newman Street, London, W1T 3AH Tel: 020 7637 2444 or www.abta.com
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18. Safety Standards
Please note, it is the requirements and standards of the country in which any services which make up your
holiday are provided which apply to those services and not those of the UK. As a general rule, these
requirements and standards will not be the same as the UK and may sometimes be lower. we therefore
advise clients to take all reasonable precautions whilst on holiday and, in particular to familiarise yourself with
hotel fire escape routes.
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19. Holidays for children
Child prices/reductions (reductions are off of the full adult price) apply to a maximum of two children (aged
2-11yrs inclusive for hotels and self catering) sharing a room with two full fare paying adults unless
otherwise stated. All children must pay appropriate premiums and supplements such as Half Board and
Seaview where applicable.
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20. Privacy Statement
For the purpose of the Data Protection Act 1998, we Sunspot Tours trading as Mercury Direct are a data
controller. In order to process your booking, we need to collect certain personal details from you. These will
include, where applicable, the names and addresses of party members, credit/debit card or other payment
details and special requirements such as those relating to any disability or medical condition which may
affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs.
If we need any other personal details, we will tell you before we obtain them from you.
We need to pass your personal details to the companies and organisations who need to know them so that
your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or
bank). Such companies and organisations may be outside the European Union, Norway, Iceland or
Liechtenstein if your holiday is to take place or involves suppliers outside these countries. We would also like
to store and use your personal details for future marketing purpose (for example, sending you a brochure or
details of a promotion). All details you give us in connection with your booking (including those relating to
any disability or medical condition or your religious beliefs) will be kept but we will use only names and
contact details for marketing purposes. Occasionally, we may sell clients names and addresses to other
companies or organisations who offer goods or services which we feel may interest you. Except where
expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set
out in the above unless you agree otherwise. For example, if we wish to use any of your personal details for
marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no
if you do not want us to do so. We have appropriate security measures in place to protect this information.
You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to
such a request. We promise to respond to your request within 40 days of receiving your written request and
fee. In certain limited circumstances we are entitled to refuse your request.
Your call maybe recorded.
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21. Website Disclaimer
Information on our website is posted in good faith and is updated regularly. However, we cannot guarantee
the completeness and accuracy of the information on it. Prices shown on the website are believed accurate
but, in the event of any inaccuracy or discrepancy, the price quoted by our on line booking system will be
taken as the valid price for the holiday in question. We recommend you contact us on 0870 027 6295 if
you are in any doubt or have any queries before acting on any information on our website.
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22. System Error
In the event of a costing error being given either by our reservations/internet system or appearing on the
confirmation invoice, the price costing as appears in the brochure or relevant late availability offer will prevail.
Please note that any contract entered into upon a mistake, such as a wrong costing is not valid or binding.
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All Inclusive
Guests on an All-Inclusive package normally take all meals at one specific restaurant. Other advertised
restaurants are available with a set menu or at a supplement unless otherwise stated. Details of your
package will be explained shortly after arrival in resort. Time stipulations may apply.
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Single Supplements
No supplement for single travellers apply to a certain amount of allocated rooms at selected hotels and are
strictly for single travellers. Once the rooms at no single supplement are full a single supplement will be
applicable.
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Free Room Upgrades
Free room upgrades are available at a selection of hotels and are subject to availability and not applicable to
single travellers.
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The Foreign and Commonwealth Office
The FCO produces up-to-date travel information to ensure the safety of clients,
for further information please visit
www.fco.gov.uk/knowbeforeyougo or Tel: 0870 606 0290.
Alternatively you can contact ABTA’s Travel Information Line on
0901 201 505 (calls are charged at 50 pence per minute).
Please note: Passport and visa regulations can change and you should therefore check with the relevant
embassy well in advance of travel. It is your responsibility to be in possession of a valid passport and, if
appropriate, a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of
time. We accept no responsibility for customers who do not possess the correct documents.
Names: The name on the passport must match the name on the ticket, otherwise you may not be able to
travel and insurance may be invalid. If, after booking a holiday but before travelling, any member of your
party changes their name, e.g. as a result of getting married, we must be notified immediately so that we
can make the necessary changes to your holiday documentation. A fee may be payable.
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