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Updated: 05 September 2008
 
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Terms and Conditions

The holidays advertised on this website are operated by Driving Holidays Limited trading as DETTAGLIO.

1. RESERVATIONS


A deposit (of 25%, 50%, 75% or 100% depending upon the time when the booking is made) of the booking value is payable at the time of reservation (unless stated otherwise during booking). In addition, from time to time our suppliers may impose abnormal cancellation conditions in which event we may require you to pay a larger deposit. In this event you will be advised as early as possible and will have the option of paying the higher deposit immediately or cancelling the booking within 7 days of being advised of the additional deposit requirement without incurring cancellation charges. The person making the booking not only guarantees payment to us of the total holiday booked, but does so on behalf of and with the consent of all persons included in the booking and therefore is presumed to have informed them of these conditions and to have assumed their liabilities and responsibilities in terms thereof. We will send you written confirmation of your booking which will confirm exactly what is booked and what we have agreed to provide. Please check this carefully as it forms the basis of our contract with you and advise us immediately if anything is wrong. The balance of the holiday cost must be paid no later than 6 weeks before departure and if the amount is not received by the due date we reserve the right to cancel the booking and levy cancellation charges as detailed in paragraph 3. We require a completed booking via our online Booking System, or a signed Booking Request Form, which confirms acceptance of our booking conditions when you make the reservation. However, if that is not received, then payment of the deposit for the holiday constitutes acceptance of such conditions.

2. CHANGES BY YOU

If you wish to change details of your holiday booking you must let us know in writing as soon as possible. If we can accept the change, there will be an administration fee of £50 per person per booking if the change is made plus any additional charges which are applicable. Changing dates or numbers of passengers travelling are major changes which we may treat as a cancellation and subsequent re-booking. A change of holiday requested within 6 weeks of departure may be treated as a cancellation and charges may be made as detailed in paragraph 3.

3. CANCELLATION BY YOU

In the event that you or any member of your party need to cancel your booking or part of it, once it has been confirmed, you must do so in writing and you will be liable for cancellation charges as set out below, which depend on when we receive this notification.

NOTICE PERIOD
Period before departure date that written notification is received
CANCELLATION CHARGE
Cancellation charge as a % of the total holiday cost (excl. insurance premium and amendment fees)
More than 90 days
61-89 days
0-60 days
25%
50%
100%

4. TRAVEL DELAYS AND UNUSED SERVICES

In the event of travel delays either prior to departure, or during the course of any holiday, we will not be held responsible for any extra costs incurred to the client (i.e. hotels, meals, drinks, refreshments, telephone calls etc.). This is irrespective of whether the delays were brought about by technical difficulties, strikes, weather conditions or any other circumstances whatever, whether foreseen or unforeseen. No credit or refund can be given for any unused services (e.g. hotel accommodation, sightseeing etc.) included in the basic holiday price, or any cost which relates to or arises from lost, mislaid or destroyed travel documents.

5. TERMS AND CONDITIONS OF CARRIAGE

In the event that your holiday includes international carriage by sea, road, rail or air this part of your holiday will be subject to the terms and conditions of the shipping company, transport company or applicable rail or airline company. This is because carriage by these means is subject to international agreements between countries.

6. OUR GUARANTEE ON PRICE

Prices on this website are based on currency exchange rates quoted by Travelex as at 31 December 2007. The foreign currency rates equivalent to £1.00 which have been used are: Euro 1.34. The price of your holiday is subject to surcharge on the following items: governmental action, variations in exchange rates, variations in transportation costs (including cost of fuel) and variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at port and increases in scheduled fares for rail and ferry operators. Even in this case, we will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and amendment charges). If the surcharge results in you paying more than 2% of the holiday price, you will be entitled to cancel you holiday with a full refund of all monies paid except for any premium paid to us for insurance and amendment charges. Should you decide to cancel your holiday because of this you must exercise your right to do so within 14 days from the issue date of the surcharge invoice.

7. IF WE CHANGE YOUR RESERVATION

It is unlikely that we will have to make changes to your holiday, but arrangements are made many months in advance and changes are sometimes necessary. Most changes would be minor, such as small alterations to departure times and we reserve the right to make these at any time. We will inform you as soon as is reasonably possible should there be any change to your arrangements. Sometimes we may have to make more material changes which may involve changing your hotel accommodation (but only where accommodation is advertised in a specific hotel) or time of departure or return by more than 24 hours. In these cases you will have the options of:-

a) accepting the change and any increased cost occasioned by utilisation of more expensive hotels, in which case we will give you a credit towards the cost of your holiday on the scale shown below; or
b) selecting another holiday with us, in which we will credit all monies paid by you and in addition give you compensation on the scale shown below and the funds will be applied to the cost of the new holiday. In these circumstances, we will not be liable for any other claim for compensation or expenses.
c) cancelling your holiday in which case we will refund you all monies which you have paid for the holiday.

Period before departure date that notification is given to you or your travel agent Compensation or credit per person
More than 63 days
43-62 days
29-42 days
15-28 days
0-14 days
Nil
£10
£20
£30
£40


Please Note: The compensation scales set out above do not apply when changes or cancellation are caused by events amounting to force majeure. This includes events such as war or threats of war, riots or civil strife, terrorist activities, industrial disputes, disasters, fire or adverse weather conditions, cancellations or changes of schedules by ferry and rail operators and similar events beyond our control. In cases of such events we will have no liability other than to offer you an alternative comparable holiday. Only in the event that an alternative holiday is not available will we refund the money paid by you for the holiday less any cancellation charges by third parties.

8. IF WE CANCEL YOUR HOLIDAY

We reserve the right in any circumstances to cancel your holiday. In this unlikely event we will offer you an alternative holiday of comparable standard or return all monies paid by you to us, unless we incite the provisions of paragraph 12 below (Immediate Termination by Us).

9. COMPLAINTS

If you have any complaint whilst on holiday you must tell our representative or agent immediately. We strongly recommend that you record your grievances in writing immediately and provide copies to the supplier, our representative and ourselves. Our suppliers or representatives are usually able to solve most problems on the spot. If after you return home you are still not satisfied you must write to us as soon as possible but in any case no later than 4 weeks after you return from holiday so that we can investigate your complaint thoroughly while memories are still fresh and, in addition to resolving your complaint, we can take corrective action to avoid other clients being inconvenienced.

Disputes arising out of or in connection with the contract between us which cannot be amicably settled may (if you so wish) be referred to arbitration under the Travel Industry Arbitration Service's special scheme ("Arbitration Scheme"). This Arbitration Scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability for you in respect of costs. The Arbitration Scheme does not apply to claims for an amount greater than £1500 per person or £7500 per Booking Request Form or to claims which are solely or mainly in respect of physical injury or illness or the consequences thereof. Full details of the Arbitration Scheme can be supplied on request.

10. LIABILITY

To the fullest extent permitted by law all warranties relating to the provision of goods or services by us to you or any member of your party are excluded and we shall not have any liability to you, except as otherwise expressly set out in these terms and conditions, for any damages, liabilities, injuries or other losses suffered by you, any member of your party, your property or the property of any member of your party except to the extent caused by the negligence, wilful default or fraud of us or our employees, agents and representatives.

In view of this we strongly recommend you and each member of your party takes out an adequate policy of insurance concerning all aspects of your holiday.

Except as otherwise expressly set out in these terms and conditions, our total liability to any person for any claim or series of claims arising from any negligent act or negligent default or series of negligent acts or negligent defaults shall not exceed the cost of the holiday for that person.

Nothing in these terms and conditions shall, or shall be deemed to, exclude our liability for death or personal injury resulting from our negligence.

Where transport is by sea, rail or air their obligations and liabilities are limited in the manner provided by the relevant International Conventions.

You, or the relevant member of your party, shall be responsible for all fines, penalties, damages and other costs and expenses incurred by you or any member of your party during the holiday and, to the extent we are also held liable for such fines, penalties, damages and other costs and expenses, you will indemnify us and promptly, upon our request, pay any amounts we pay, or may have to pay, in respect thereof.

11. CONSUMER PROTECTION

Our holidays are protected as we are members of the Travel Trust Association ("TTA"). Our membership number is U1335.

For further information visit the TTA website at www.traveltrust.co.uk.

12. IMMEDIATE TERMINATION BY US

If the behaviour of you or any member of your party is considered by us (acting reasonably) to be causing or likely to cause offence, danger or distress to others or damage to property, we reserve the right at all times to immediately cancel or terminate the holiday arrangements of the person or persons concerned completely.

The types of behaviour will include (but will not be limited to) racing, exceeding advertised or legally enforceable speed limits, driving a poorly maintained car, driving in a careless or reckless fashion, driving whilst under the influence of intoxicating liquor or substances, physically or verbally abusing other holiday guests or our suppliers and their staff or us and our staff.

In the event of termination, our responsibility for such persons will immediately cease and no refunds or compensation will be paid and we will not meet any expenses or costs incurred as a result of the termination by us.

13. LUGGAGE

In the event we agree to carry any luggage or other personal property for you during your holiday, then we will only be liable to you for damage to or destruction of your luggage or other personal property arising from our negligence or the negligence of any employee up to a maximum sum of £250 per person.

We will only ever carry your luggage or other personal property if you have first signed a Customs & Insurance declaration in our standard form from time to time. A copy of the declaration is available upon request.

We will not carry luggage or other personal property other than in countries forming part of the European Union who do not impose border controls. Consequently we will not take luggage or other personal property between the United Kingdom and other parts of the European Union nor will we take luggage or other personal property into or out of Switzerland.

We reserve the right to refuse to carry any luggage or other personal property where we have reason to believe that the luggage or other personal property contains or may contain prohibited or illegal articles and/or substances and/or dangerous or offensive weapons and/or items subject to excise duty ("Prohibited Articles") and you agree to allow us to search such luggage should we request to do so. In the event that your luggage or other personal property does contain Prohibited Articles, you will accept sole responsibility for the contents of your luggage and any Prohibited Articles and will indemnify us against all costs, expenses, losses, liabilities and proceedings of any nature arising therefrom.

14. PHOTOGRAPHS

In participating on any holiday organised by or through us, you agree to allow us to take photographs and cinematic footage of you and your property (including your car) and you agree to allow us and our licensees to use these images for any promotional purposes including publication on a website as well as publication in magazines, films and documentaries without any charge. We will always remove the vehicle registration details of your car from any image we use where you request us to do so in writing.

You are entitled to take your own photographs and movies while you are on a holiday organised by or through us, but in no way can you market these as officers of Driving Holidays Limited or make any charge for them without our prior written authority.

If you do not agree to these conditions please inform us in advance of your participation in the event as you cannot make any retrospective claim for invasion of privacy or defamation.

15. ONLINE PRICES

The prices advertised on our website are the prices at which our products and services are sold. The prices are displayed on a per person basis based on 2 people sharing a double or twin room and taking one standard vehicle (where applicable). Supplements apply for single people taking a room on their own and bringing one car (Single Room Supplement) and 2 people sharing a double or twin room but each bringing a car (Twin Room Sharing Supplement).

16. CAR HIRE

Where we arrange car hire, whether as part of one of our packages or on a standalone basis, each car is supplied for hire subject to the terms and conditions of the relevant supplier from whom the car is sourced and for whom we act as an agent. Details are available upon request.

17. FLEXI PRICING


Some of our trips now benefit from Flexi Pricing. This is indicated in the description for each trip where it applies. Flexi Pricing offers discounts on the price payable for your holiday relative to the number of cars that have booked and confirmed their attendance on a particular trip. When you book a trip with us, your initial deposit is calculated based on the price for the minimum number of cars (normally 15 cars). The balance payable for your holiday (which is due 6 weeks before travel) is calculated based on the number of cars confirmed and who have booked and paid a deposit as at the day being 6 weeks before the date of travel (Final Date for Payment). You can see what the price is likely to be based on the number of confirmed cars by downloading the PDF relevant to the trip you are interested in. The price for you holiday will only be discounted to the price shown when we have the exact number of cars confirmed for each price band. Hence if we have bookings from 29 cars at the Final Date for Payment, then the price payable by each car will be that attributable to 25 cars. If we receive a booking after the Final Date for Payment, then this booking will be ignored for the purposes of Flexi Pricing. Our terms and conditions relating to cancellation will be strictly enforced. For more information, refer to Clause 3 above.

18. TRAVEL INSURANCE


We consider adequate travel insurance to be essential. As a condition of participating on any of the trips and events we offer for sale, you must ensure that you and each member of your booking party has a valid and comprehensive policy of travel insurance covering the entirety of your holiday including the cost of cancellation by you and the cost of assistance including repatriation, in the event of an accident or illness. Please note that not all insurance policies intended for travel overseas are adequate to cover you for any UK breaks we offer for sale. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check insurance policies. Please read your policy details carefully and take them with you on your break. As a condition of your participation in any event or on any holiday that we offer for sale, you agree to indemnify us, our directors and employees against all costs and expenses (including without limitation repatriation costs, medical expenses, loss of earnings and legal fees and expenses) arising directly or indirectly from your failure to have in place a suitable policy of insurance covering your participation in any event and/or holiday we offer for sale.

19. SIGNS AND DECALS ON YOUR CAR


We recommend that you remove all decals and stickers from your car before the date of travel. In the event that you decide to participate on any holiday or event we offer for sale with stickers and/or decals on your car, then you do so at your own risk and you agree to indemnify us, our directors and employees against any costs and expenses arising directly or indirectly from your use of such stickers and/or decals (including without limitation any fines we may have to pay, any legal expenses we may incur and any refunds we may have to pay other participants on the holiday or event).
Notwithstanding the above, under no circumstances will we allow any decals or stickers on a car that promote any other driving event other than those run by us. As a condition of your booking, you agree to remove such stickers and/or decals before the date of departure. In the event you refuse to remove such decals and stickers then we have the option in our absolute discretion to terminate your participation in any event or holiday that we offer for sale.

20. SPECIAL CONDITIONS

From time to time we may advertise special conditions which apply to your holiday. These special conditions are incorporated into the contract between us.

21. LAW AND JURISDICTION

These conditions form part of the contract between us which will be construed in accordance with English law and it is agreed between us that each will submit to the exclusive jurisdiction of the English courts.

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