Terms & Conditions

OUR PROMISE TO YOU

1. We reserve your holiday

When you or your travel agent has provisionally confirmed that we have available space on the holiday of your choice, a confirmation invoice will be forwarded to you normally within 3 days of receipt of your signed booking form and deposit, and the contract is made between us when you receive this confirmation. In the event that a holiday was sold through a travel agent who defaulted, we guarantee your holiday on production of adequate documentation to establish the sale.

2. Your holiday price
The price of the holiday is guaranteed and will not be subject to any surcharge except those resulting from (fuel, government action, including additional bonding or licensing requirements and VAT) In all cases we reserve the right to pass theses amounts on in full.

UK holidays: Holiday prices include all coach travel, hotel accommodation and meals as specified in the holiday description and VAT where applicable. Morning coffee, afternoon tea and other refreshments are not included. Some hotels may make a small additional charge for porterage and teas or coffee served after lunch and dinner. Gratuities to the hotel staff and driver/courier are discretionary. Unless specifically indicated in the Tour Itinerary or Description, entrance fees, guide fees, City sightseeing tours are not included in the Holiday Cost.

European holidays: Our prices were fixed on the 10th October 2001 and we guarantee that the price of your holiday will not be subject to any surcharge except for those resulting from government action. Even in this case, we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where a surcharge is payable there will be an administration charge of 50p per person together with an amount to cover agent's commission. If this means paying more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the invoice. In addition to Sterling we use the country's currency in calculating our rates and fares for 2001 based on the equivalent exchange rates to £1 Sterling as per Barclays Bank dated 10th October 2001.

3. If we changed our holiday
The arrangements for holidays in this brochure are made many months in advance and changes are sometimes unavoidable. Most of these changes are, however, very minor but where they are significant we will notify you as soon as is reasonably possible before your departure date. The following circumstances would be regarded as material alterations; changes in departure date, departure point, or resort areas, reducing the quality of your main hotel (not single overnight hotels on touring holidays) or a change of tour itinerary which involves a destination being completely eliminated from the revised itinerary. In the event of a significant change you may decide to; a) continue with the holiday as amended or b) accept an alternative holiday which maybe offered to you or c) cancel your booking if you choose (a) or (b) we will compensate on the scale below if you choose (c) we will refund all monies paid by you, plus compensation on the scale below.

Period before departure within which Compensation per person for a significant change is notified to you or your travel agent.

4. If we cancel your holiday

It is necessary for there to be a minimum number of passengers in order to operate a tour. If this minimum number is not achieved before the balance due date the tour could be cancelled. In certain circumstances we may have to cancel your holiday, and if this should occur we will return to you all the money you have paid to us, or offer you a suitable alternative. However, we will not cancel your holiday (a) Immediately prior to the departure date unless you have not paid for your holiday in full (if within 42 days, we pay you compensation on the above scale). (b) After the balance due date, except as a result of hostilities, political unrest or other circumstances amounting to force majeure. If we have to cancel your holiday at any time Kirbys Coaches is liable only for any monies that you have paid to Kirbys Coaches at the time and for the compensation as detailed in paragraph 3 above.

5. What happpens to complaints

All complaints that are received are thoroughly investigated and customers kept fully informed at each stage of the investigation. Sometimes the investigation can take time awaiting response from hoteliers. We can normally agree an amicable settlement of the few serious complaints we receive, if the complaint is found to be genuine.

Arbitration conditions: If disputes arising out of or in connection with this contract cannot be amicably settled they may (if the customer so wishes) be referred to arbitration under a special scheme which, although devised by arrangement with the Bus & Coach Council, is administered quite independently by the Chartered Institute of Arbitrators.

The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of the costs. The scheme does not apply to claims for an amount greater than £1,500 per person. There is also a limit of £7,500 per booking form. Neither does it apply to claims which are solely or mainly in respect of a physical injury or illness or the consequence of such injury or illness. There is a time limit of 9 months from date of return. Please note that correspondence received between June and September takes us longer to respond to.

INSURANCE

We strongly advise that Insurance is taken out on booking. Insurance policies with full cover details will be issued on receipt of booking. Please add to your deposit the applicable amount as shown below.

For United Kingdom residents only Kirbys Coaches have arranged a package Travel Insurance with Chapman & Stevens, Chepping House, Temple End, High Wycombe, Bucks. HP13 5DR. (Telephone 01494 444346). A synopsis of the cover is given below.

Further details of the cover and exclusions will be forwarded with your Confirmation of Booking. Full details are available on request.

Emergency Service

We have included the benefit of Europ Assistance 24 hour emergency Medical and Repatriation Service.

Premiums shown are INCLUSIVE of insurance premium tax (at present 17.5%).

FAIR TRADING AGREEMENT

Our Fair Trading Agreement sets out clearly and simply the responsibilities which we at Kirbys Coaches have to you and which you in turn have to us when a contract is made between us. The contract is made when you make a booking and we accept it by written confirmation on the terms set out in this brochure. When signing the Booking Form for your holiday you will sign on behalf of yourself and the others named in your party, that you have read, understood and have accepted this Fair Trading Agreement and the holiday information provided in this brochure. Your obligation is to pay the price of the holiday and recognise your liabilities if you wish to alter the holiday or cancel. On our part we have obligation to provide you with the holiday you have booked. Our specification of that holiday and our terms are clearly stated in this brochure. This Fair Trading Agreement applies to all holidays sold from this brochure.

YOUR CONTRACT WITH KIRBYS COACHES

1. You pay a deposit
When you make your booking you must complete a booking form, accepting on behalf of all your party the terms of the Fair Trading Agreement, and pay a deposit of £40 per person on all British and Continental coach holidays: All monies paid to your Travel Agent are held by him on your behalf until you receive confirmation.

2. You pay the balance
The balance of the fare must be paid via the office at which you made your booking at least 6 weeks before the holiday departure date. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply Cancellation charge set out in Paragraph 4 'If You Cancel Your Holiday'. If you book within 6 weeks of departure date you must pay the full amount at the time of booking.

3. If you change your booking
If, after confirmation has been issued, you wish to change to another of our 2001 holidays or change departure date we will do our utmost to make the changes, provided that notification is received at our offices from the person who signed the Booking Form, or their Travel Agent at least 6 weeks before departure date. This must be accompanied by a payment of £2 to cover administration costs. Any alteration by you within 3 weeks of departure will be subject to the cancellation charges set out below. Other alterations, such as the addition of request or change of pick-up point that requires a reconfirmation to be issued must be notified and accompanied by a payment of £2 to cover administration costs.

4. If you cancel your holiday
You, or any member of your party, may cancel your holiday at any time provided that the cancellation is made by the person signing the booking form and is sent to us in writing via the office at which you made your booking. As this incurs administration costs we will retain your deposit and, in addition, apply cancellation charges up to the maximum shown below:

NOTE: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim the charges.

5. If you have a complaint 
If you have a complaint during your holiday please inform your driver/courier, immediately, who will do his/her best to help you there and then. If the matter cannot be put right on the spot, you must notify us in writing within 28 days of the completion of your holiday and this must be sent to Kirbys Coaches.

6. Statutory Authorities
This website is published subject to the applicable Act of Parliament and Government Regulations and the company reserves the right to modify itineraries to conform with request from the competent authorities in the United Kingdom and any other sovereign state through which the tour runs.

7. Condition of carriage

When you travel on an aircraft, train or ship, the conditions of Carriage of that carrier apply and are subject to national and international conditions which may limit or exclude liability. Your contract made under the terms of this Fair Trading Agreement is subject to English law and jurisdiction. Some coach journeys may be operated by vehicles other than those owned by the company and the specification may be different to the details on the website. The Public Service Vehicle (Conduct of Drivers, Conductors and Passengers) Regulations as amended 1990 apply to coaches throughout any holiday in the UK.

8. Other terms
On holiday you may NOT: (a) Bring a pet or any other animal (other than a Guide Dog by arrangement). (b) Play a radio or cassette on a coach. (c) Smoke on the coach. Kirbys reserve the right to refuse a booking or terminate a client's holiday in the event of unreasonable conduct, which in Kirbys Coaches opinion, is likely to cause damage, distress, danger or annoyance to other clients, employees, property or to a third party. If you are prevented from travelling or continuing your holiday by such a termination Kirbys Coaches' responsibility for your holiday thereupon ceases. Full cancellation charges will apply and Kirbys Coaches will be under no obligation for any refund, compensation or loss which may occur. You are responsible for ensuring that you are at the correct departure point at the correct time, and we cannot be liable for any loss or expense suffered by passengers because of their late arrival at any departure point. Excursions are included in the price of most holidays and refunds cannot be made for passengers not wishing logo on these excursions. Admission fees to buildings, grounds etc. are not included in the price of the holiday unless otherwise stated on the website.

9. Compulsory insurance of continental tours

Although Insurance is desirable on all holidays we must point out that adequate insurance cover is Obligatory on all Continental Bookings. If continental insurance offered by Kirbys is not taken then the appropriate insurance reference must be quoted on the booking form. Consult your agent or our office if advice is required.

10. Passport
For all continental holidays you will require a full 10 year British passport. We cannot accept responsibility if passengers are not in possession of the correct travel documen