Terms and Conditions
USER AGREEMENT BETWEEN THE USER (USER, YOU) ELYSEA HOLIDAYS (ANUBIS HOLIDAYS LTD T/A ELYSEA HOLIDAYS).
Please read these terms and conditions of use (Terms and Conditions) before using the elyseaholidays.com website (Site).
The following Terms and Conditions set out the basis on which your booking will be dealt with by Elysèa Holidays and the conditions which apply to your access and use of any information contained on this website. They also contain terms which will apply to your contract with any service provider. Please therefore read them carefully.
1. In these terms and conditions, the following definitions apply; (a) "we", "us" and "our" means Elysèa Holidays acting as agent; (b) "you" and "your" means the person using this website, the person who makes the booking with us and, where the context permits, any person(s) travelling with him / her on that booking (including anyone who is added or substituted in accordance with these booking conditions after the booking is made); (c) "service(s)" means any service(s) which you book through us; (d) "service provider" means the supplier or other party responsible for the provision of any service(s). This may include a tour operator who arranges the tour operator package or the provider of any accommodation in relation to an accommodation only booking (who may or may not be the owner of the accommodation); (e) "website" means this website with the URL http://www.elyseaholidays.com;
Your contract and our agency position
2. We, Elysèa Holidays solely as an agent for the service provider in respect of all bookings we make. Your contract for the use of the service(s) will be with the service provider. You will be advised of the details of the service provider with whom you will have a contract before your booking is confirmed.
3. The terms and conditions of the service provider will apply to your booking. They may limit and/or exclude the service provider's liability to you. Copies of these terms and conditions are available on request from us.
4. Your contract with the service provider will come into existence when we issue a confirmation on behalf of the service provider. No contract will exist before this point.
5. Except where otherwise advised or stated in the terms conditions of the service provider concerned, all monies you pay to us for arrangements will be held on behalf of the service provider concerned.
6. We may on occasions act as a sub-agent. For example, we may be able to arrange for the provision of services such as car hire through an accommodation provider where the accommodation provider acts as agent for the service provider. Your contract for such services will be with the service provider and not the accommodation provider. Details of the service provider with whom you have a contract will be provided before your booking is confirmed.
7. If the service provider concerned is a tour operator they will provide financial security to protect any booking of their package. Where the tour operator package includes a flight, the booking will be ATOL protected by the tour operator's Air Travel Organiser's Licence (ATOL). For any ATOL protected holiday, in the unlikely event of the tour operator's insolvency, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking with the tour operator. Any money you pay to us for such service(s) are held by us on behalf of the ATOL holding tour operator concerned. Where the service(s) booked are not a package the service provider concerned may or may not offer financial security to protect your booking.
8. As we act purely as agent, we are not responsible for the acts or defaults of any service provider or any of their employees, agents, suppliers or sub-contractors. Similarly, we cannot accept any liability for and service for the performance of any contract by any service provider.
9. We do not make or arrange any bookings which may be regarded as "packages" and we are not an "organiser" in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992.
10. You are strongly recommended to take out personal travel insurance for all members of your party. Some service providers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
11. Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the service provider of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
12. If you have any complaints concerning any service(s) we provide, you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to have been at fault in relation to any service(s) we provide (as opposed to any service provided by any service provider such as an accommodation provider or tour operator for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question.
Conditions of Website Use
13. Access to and use of any information on this website is conditional on your acceptance of these website use conditions ("Conditions") without modification. If you do not wish to accept any part of them, you must not use our website.
14. Nothing on this website constitutes an offer on our part. The matters detailed constitute an invitation to you to make an offer to the service provider on the stated terms to purchase the arrangements we feature. They may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
15. As a condition of your use of this website, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Conditions. You warrant that you are at least 18 years old and have the legal authority to use this website in accordance with these Conditions. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of this website.
16. This website is for your personal and non commercial use only. You may only download, print, store and use any material appearing on the website for the purpose of researching and/or making a booking for yourself, family or friends or sending the same onto family or friends for like purpose. We grant you a non exclusive, revocable licence to use our website for and limited to this purpose and for these activities. All other activities are expressly prohibited. Except as expressly authorised by these terms or as we agree in writing in advance, you may not modify, copy, download, print, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use or make available any material appearing on this website. We may terminate your licence to use and may prevent your using our website in the event of your breaching these terms. You also agree to indemnify us for all claims, liabilities, damages, losses, costs and all other sums of whatever nature which we suffer or incur as a result of your breach of these terms.
17. The contents of this website constitute a database for the purpose of The Copyright and Rights in Databases Regulations 1997. All rights relating to this database belong to Elysèa Holidays. The contents of this website and the material it contains are also protected by copyright. Such copyright belongs to Elysèa Holidays and, where applicable, to the service providers who provide the advertised service(s).
18. We are an English registered Company and our business and any services we offer are governed exclusively by the applicable laws of England and Wales except where otherwise stated in our terms and conditions. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this website, the services offered by or on behalf of us, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
19. Access to this website is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
20. You must not link (including deep linking) to our website without our prior written agreement.
21.No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on this website or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this website or any inability to access or use (or delay in doing so) this website.
22. All exclusions of liability apply only to the extent permitted by law.
23. If any exclusion(s) or limitation(s) contained in these Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Conditions.
24. Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this website and/or any services offered by us or on our behalf.
25. The information contained on this website may contain technical inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change the prices of the holiday and travel arrangements featured or mentioned on this website at any time without prior notice. If any price is obviously incorrect, the service provider will not be bound by it. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. You must ensure you check all details of the chosen service(s) (including the price) with us by telephone or other approved means at the time of booking.
26. This website may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
27. We make no warranty that this website (or any websites that are linked to this website) is free from technical errors, computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure you carry out sufficient checks (including virus checks) to satisfy your particular requirements.
28.We may alter these Conditions at any time. If we do so, all subsequent use of our website will be governed by the newer version. You must check these Conditions regularly.
Cancellations by you
29.The cancellation charges payable vary depending on the suppliers concerned. Subject to any special provisions applicable to the arrangements confirmed, the following scale of charges will apply where you have booked accommodation only or an Elysèa Holidays tour or package. Where you have booked a tour operator package, the tour operator's cancellation charges will apply. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums, booking fees and amendment charges. Insurance premiums, booking fees and amendment charges are not refundable in the event of cancellation. This scale shows the maximum charges applicable. In practice the charges will often be lower. Charges depend on the date we are notified of the cancellation in writing. References to departure are to the start date of the arrangements contracted. Airport taxes are always refundable, whatever the reason for cancellation.
- more than 30 days before departure = 40% of the holiday price
- between 30 and 16 days before departure = 55 % of the holiday price
- between 15 and 7 days before departure = 75% of the holiday price
- less than 7 days before departure = 100% of the holiday price
- non-arrival or late arrival at the start point of the services = 100% of the holiday price.
In addition to the above cancellation charges, an administration charge will be payable to Elysèa Holidays where you cancel an accommodation only booking.