Terms and Conditions  

1. These terms and conditions will come into effect when we notify you in writing of our acceptance of your booking and deposit payment. When you sign the booking form you are confirming that you have read and understand and have accepted the information regarding the holiday which has been supplied to you. You are also accepting that our terms and conditions form the basis of the contract between Smile Holidays Ltd and you.  
These terms may alter from time to time. Please see our website for the latest version.

2. When you make this booking on behalf of yourself and / or other persons you undertake that you have the authority to accept and do accept on  behalf of your party the terms of these booking conditions. This contract is made subject to these terms and conditions, which are governed by English Law and the non exclusive jurisdiction of the English Courts.

3. Provisional booking reservations may be made by telephone but all such bookings must be confirmed within 14 days by sending to us a fully completed booking form and deposit of £150.00 per person, per holiday booked or deposit of £200 per person for our Lanzarote, Gran Canaria and Bournemouth Christmas holidays. Any provisional booking is not a contract between us and you. A contract between us and you will not come into effect until we notify you in writing of our acknowledgement of deposit and booking. Please check our acceptance of your booking very carefully to ensure that all the information is correct and tell us immediately of any errors.

4. Full payment of the balance of the holiday cost is due 60 days prior to the commencement date of the holiday except Gran Canaria and Bournemouth Christmas holidays where full payment of the balance of the holiday cost is due 90 days prior to the commencement date of the holiday. If you do not pay the outstanding balance for your holiday or of anyone in your party on or before the date when it is due we may cancel the booking and you will be required to pay cancellation charges detailed at clause 6 below. The date of cancellation will be the date we receive confirmation in writing that you intend to cancel a booking, or 15 days after the balance of the holiday cost is due, whichever comes first.

5. If after we notify you in writing of our acceptance of your booking you wish to change your holiday in any way we will do our utmost to make these changes. However it may not always be possible. Any request for changes must be made by the person who has made the booking on the booking form. Please note that certain holidays and fares cannot be changed after a booking has been accepted and any such alteration request can incur a 100% cancellation charge. Any charges incurred as a result of changes you request and agreed by us will be payable by you.

6. You, or any member of your party, may cancel your holiday at any time. Written notification from the lead name on your booking must be received by us. Since we are likely to incur costs in arranging your holiday you will have to pay a cancellation charge. If you cancel more than 90 days before departure you will lose your deposit. Cancellation between 89 & 60 days before departure will result in a cancellation charge of 50% of the booking price. Cancellation between 59 & 30 days before departure will result in a cancellation charge of 70% of the booking price. Cancellation between 29 & 15 days before departure will result in a cancellation charge of 90% of the booking price. Cancellation between 14 days and day of departure will result in a cancellation charge of 100% of the booking price.  It’s strongly recommended you obtain cancellation insurance to protect your deposit and the balance of payment in the event of cancellation.

7. There may be circumstances in which we have to cancel your holiday. Sometimes changes are unavoidable and we reserve the right to make them. Most of these changes are likely to be minor and we will do our best to keep you informed. If after accepting your booking, and before departure, we make a significant change to your holiday you will have the option of withdrawing from the holiday without penalty. Alternatively, we will try to offer you a suitable alternative holiday without additional charge. A significant change would involve a change in the departure date or location of the holiday.

8. When we have notified your of the changes or proposed cancellation of a holiday and options available you must tell us your decision as soon as possible and within 14 days of our sending you notification of change or cancellation.

9. Save as set out below, if we notify you of a significant change to the holiday arrangements which you do not accept more than 60 days before the departure date or we cancel the holiday arrangements more than 60 days before the departure date we will refund to you all the monies you have paid but no compensation will be payable.

10. Any monies paid referred to in clause 9 above will not be re-paid where the changes or cancellations are made as a result of events beyond our control, to include war, threat of war, riot, civil strife, terrorist activity, industrial dispute, fire, quarantine, epidemic or health risks, natural or nuclear disasters, port and terminal closures and / or adverse weather conditions or generally as a result of 'force majeure'.

11. We also reserve the right in any circumstances to cancel your holiday, for example if the minimum number of persons required for a particular holiday is not reached we may cancel the holiday. If it is necessary to cancel your holiday, except where cancellation is due to non-payment by you of your final balance or for any reason set out in clause 10 above, we will re-pay to you the monies paid as set out at clause 6 above.
 

12. Please note that travel insurance is mandatory and is not included in the cost of the holiday. It is a condition of your booking with us that each party to a booking, or member of a group booking, has travel insurance to include medical insurance for a minimum of £1,000.000.00 including    repatriation, and liability insurance for a minimum of £1,000.000.00. We also recommend that your cover include holiday interruption / cancellation and personal accident. We cannot be held liable in the event of any claim arising out of events beyond our control as a result of optional activities run by others, or as a result of you indulging in
activities which are not part of the original booking. Failure to provide proof of adequate travel insurance may result in the cancellation of the holiday on the same terms as cancellation by you.

13. For your peace of mind we have made arrangements to ensure that your holiday is financially secure by arranging passenger protection insurance with International Passenger Protection via the Ketteridge Group. We would advise you that Package Holidays booked through Smile Holidays Ltd with First Choice Holidays are protected by the Civil Aviation Authority (CAA) ATOL Bond.  When booking your holiday, in order to comply with Regulations, we will provide  you with the First Choice Holidays ATOL Receipt. In addition to the above, Smile Holidays Ltd have also arranged an Insurance Policy to provide Financial Protection cover of other non-bonded Suppliers.  Details can be provided on request.

Apart from the above, in order to comply with the European Directive for Travel & Tourism, Smile Holidays Ltd have in place a Financial Failure Insurance policy to protect their clients monies in the unlikely event of their failure or liquidation.  Details can be provided upon request.

Consumer aware: Your non licensable booking (i.e. your package without a flight) is insured by IPP Ltd and its panel of insurers. - This insurance is only valid for passengers who book and pay directly with/to Smile Holidays.  If you have booked and/ or paid direct to a Travel Agent for a holiday with Smile Holidays please request proof of how the booking is secured.  For further information please go to www.ipplondon.co.uk

This Insurance has been arranged by International Passenger Protection Limited and underwritten by Insurers who are members of the Association of British Insurers & Lloyds Syndicates.

14. It is of utmost importance that you ensure that the medical needs of all parties to the booking are identified to us on the booking form. You      undertake that any changes in the medical needs of any party to the booking is notified to us as soon as it is reasonably practicable. Such changes may lead to the cancellation of the holiday, in which event no refund of monies paid will be made. In the event that any misrepresentation is made on the booking form in respect of any medical or other need of any travelling party we reserve the right to immediately terminate the holiday and will not be liable to complete holiday arrangements, nor will we be liable for any refund, compensation or any other costs you may have to pay as a consequence.
 

15. We reserve the right to end your holiday if your behaviour, or that of any member of your party, is likely, in the opinion of any member of our staff, to cause distress, damage, danger to, or annoy any other holiday makers, our employees or anyone else. We cannot accept liability for the behaviour of others in the accommodation or on the holiday, or if any facilities are removed as a result of their actions. Carers/families may be asked to collect the client from the holiday destination in the United Kingdom and Europe if the client’s behaviour is deemed unacceptable and is disrupting the group’s holiday.
 

16. All medication must be provided in dosette boxes or blister packs unless in liquid form. We are able to administer holiday clients their medication. Please contact our Head Office for further details

17. Meeting point venues for pick up, to include times and dates of pick ups at the commencement of the holiday, will be mailed to you approximately 3 weeks before your holiday departure date. The time of the pick up will be advised at this time. Should you need to change your pick up point this must be notified to us prior to this 3 week period. Please be on time as we cannot be responsible or liable for any loss or expense suffered as a result of your failure to be at the pick up point at the allotted time. Smile Holidays staff will wait for a period of 20 minutes, after which time they will leave the pick up point without you if you are not in attendance at that time. In that event no refund of money paid will be made and we shall not be liable to you for any other losses or claims of whatsoever nature.

18. On the return journey you will be disembarked at your original pick up point. We will endeavour to give an estimated time of arrival at each point. Homeward bound drop offs are scheduled in the reverse order of the pick ups. Occasionally we may be delayed as a result of planes, trains, ferries, coaches or other circumstances beyond our control. In such cases we will do our utmost to help you and keep you fully informed. In the case of a major delay to your homeward journey requiring an additional overnight stay we will endeavour to arrange accommodation which may be at additional cost to you.

19. Your holiday price includes 3 meals per day (on certain holidays), shared accommodation (maximum 2 sharing, same sex), support and supervision of our staff on the ratio of 4 holiday makers to one staff, all reasonable transport needs and all excursions as detailed in the holiday brochure. Included excursions are detailed on the relevant brochure page and refunds will not be made for any excursions not taken. If you require greater levels of support this may be accommodated at a mutually agreed surcharge. Due to limited space in our vehicles we are unable to cater for people who are permanent wheelchair users. A wheelchair is however made available for 1-1 holidays.

20. If you require a special diet you must advise us when booking, or as soon as you are medically advised and send us a copy of the diet. We will notify any hotel or other accommodation or provider of meals on your holiday, however please note that some hotels or providers of meals may not have facilities to cope with  special diets and we cannot be held liable for their failure to do so. Where we think this is likely to happen we will tell you prior to your booking confirmation being issued so that you can exercise your right to cancel your holiday booking without charge. You must also detail on your booking form any other special request or particular medical need which we will pass on to the relevant third parties. This does not necessarily mean that your request will be fulfilled. If your request can be fulfilled you may incur an extra charge payable either to us or directly to that third party. Please note that such requests cannot be guaranteed unless we confirm on your booking confirmation that this is a guaranteed requirement.

21. You are responsible for ensuring that you have the correct documentation for travel and we cannot be held liable for any loss or expense suffered by you, or your party, because of an incorrect passport or other incorrect documentation. If you are a British Citizen travelling outside the United Kingdom you must have a full UK passport valid for a minimum of 3 months after your scheduled date of return. The name on the passport must match the name on the booking form.   If anyone in the party changes their name after the booking is made you must tell us so that we can issue a booking confirmation in the new name.
 

22. We accept responsibility for ensuring that your holiday which you book with us are supplied as described in the brochure. If after departure any part of your holiday is not provided as set out in the brochure due to the fault of our employees, agents or suppliers we will pay you appropriate   compensation if this has materially affected the enjoyment of your holiday. However, our liability in all cases shall be limited to a maximum of 2 times the cost of your holiday.

23. Subject to clause 24 below 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 holiday. Save for cases of death or personal injury our liability in all cases shall be limited to a maximum of 2 times the cost of your holiday.

24. 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, and the performance of our obligations under our contract with you.

25. In all claims of whatsoever nature we will not be liable where the alleged loss or damage results from any fault of the person affected or any   member of their party or the fault of any third party not connected with the provision of your holiday or with us which we could not have predicted or avoided, or an event or       circumstance which we or the supplier of the service in question could not have predicted or avoided even after taking all  reasonable care, or the fault of anyone who was not carrying out work for us at the time.

a) Although we have no direct control over the services provided to you by independent suppliers we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised we will pay you appropriate compensation if this has affected the
enjoyment of your holiday. In all such cases the most we will pay you, if we are liable to you, is a maximum of 2 times the cost of the holiday of the affected person. We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday.

b) We accept responsibility if you or any person named on the booking form suffers bodily injury, illness or death due to the negligent acts and / or omissions of our employees or agents, or our suppliers or sub contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us, save that our responsibility for any air, sea or road carriers are limited to those set out in the relevant international conventions provided for such claims. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay to you.

c) In the event of any claim being made against us by you or any person named on the booking form we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights in that regard, and we will be subrogated to those rights, and you hereby agree to assist us or our insurers fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated.

26.Your holiday cost does not include money for personal spending or to spend on snacks, drinks, phone calls, medical expenses or holiday insurance.  We are unable to retain receipts for any persons’ personal purchases throughout their holiday break. We will also not be held responsible for any loss of personal money or other possessions and insurance cover should be taken out in respect of such eventualities.

27. We operate a support and advice line for your carers or other interested third parties between Monday and Friday, from 9.30am to 4.00pm. We will supply to familymembers and carers nominated on the booking form a mobile telephone number which will provide updated details of your progress on holiday.

28. You will be responsible for any damage you cause to any holiday accommodation or other third party property whilst you are on holiday, or for anyone in your party causing such damage. We provide no indemnity to you or any other third party in that regard.

29. We ask that you limit your luggage and that of your party to one soft holdall / suitcase per person and to one item of hand luggage per person.

30. We operate a strict no smoking policy on all of our coaches. We make frequent comfort stops. The no smoking policy on other carriers and suppliers will vary and will be supplied on request.

31. You are requested to supply all medical and incontinence aids as you may require during your holiday. In the event of a shortage we will try to obtain and provide additional medical supplies but can provide no guarantee of doing so and accept no responsibility for any failure on our part to do so.

32. In order to perform our obligations under these terms and conditions we require certain information about you, such as your name, address and any special dietary or medical needs. We do ensure the proper measures are in place to protect such information, however we pass that information on to any relevant  suppliers or sub contractors or employees or other agents as may be necessary in order to perform our obligations under these terms and conditions. This information may also be supplied to public authorities such as customs / immigration if required by them or as required by law. We retain your full contact details and any information in files and you are entitled to a copy of the information held by us as long as such information does not include the private data of other members of your holiday. We may use this information to contact you by mail, telephone or electronic means. We will not use this information to provide you with details of other goods and services in respect of other holidays not subject to your booking form.

33. In the unlikely event of you having a complaint that cannot be settled amicably between us you should immediately complete a holiday complaint form which is available from us. If on return from your holiday you remain dissatisfied you should set out in writing such dissatisfaction to us within 28 days of your return.

34. Should any of these terms or parts thereof be officially declared void or unenforceable, the remainder of the terms or parts thereof shall remain, where possible, in full force and effect.