Booking terms and conditions
The small print…
In these Booking Conditions, references to ‘we’ or ‘us’ mean Miraviva Travel Limited Company number 08147096 . Our address for correspondence is 14 Clarendon Gardens, London W9 1AY. References to ‘you’ or ‘your’ are to the customer and include all persons named on a booking. References to ‘holiday’ mean the services, arrangements and facilities which we agree to supply to or book for you in accordance with the Contract.
These Booking Conditions apply to all holidays booked by you with us. You will receive other information and guidance from us but any such information or guidance does not form any part of your contract with us. Your contract with us is contained in the Confirmation Invoice and these Booking Conditions.
1. In order to make a booking with us, you should complete and sign a booking form and send it to us. The person who signs the booking form acts as agent for all persons named on it and we will send all correspondence and communication about the holiday to this person at the address given on the booking form.
2. You should also pay the required deposit of 25% of the total cost of the holiday unless we advise that a different deposit is needed. It may on occasion be necessary to pay suppliers in full at the time of booking. You will be advised where this is the case and will be asked to pay an additional deposit to cover such costs. In the case of bookings within 8 weeks of the intended date of departure the full cost of the holiday is required.
3. Your contract with us only becomes binding when we have (i) received the signed and completed booking form from you; (ii) received the agreed deposit or holiday price and (iii) issued and sent you a confirmation invoice.
4. If you suffer from any health problems or disability or are taking medication or undergoing treatment which may affect your ability to take part in the holiday you must notify us prior to booking. We reserve the right to decline any booking as unsuitable for the proposed participants if we reasonably consider that we cannot accommodate their needs.
5. If you have special requests please indicate them clearly in writing on the booking form. We cannot guarantee that special requests will be met although we will do our best to communicate all such requests to suppliers and to meet them. We are not able to conclude contracts on condition that a special request is met. Where such a request is made, the contract is based on the confirmation invoice services not including any items marked special request. If you or any member of your party has a disability which gives rise to special requests, you should inform us in writing prior to booking of the full details of the condition and your needs. We will then be able to make appropriate enquiries with our suppliers as to whether your needs can be accommodated and confirm the same prior to booking. Please note that if you fail to notify us before booking it may not be possible to accommodate your needs and this could cause distress to you and your party. If we reasonably feel that we or our suppliers are unable properly to accommodate you then we reserve the right to decline the booking.
Prices and payment
6. Prices advertised by us are accurate at the time of the confirmation invoice. We will not change the price of your holiday within 30 days of your contracted departure date.
7. In the event that the costs to us of supplying your holiday changes by an amount equivalent to 2% or more of the contract price on the confirmation invoice we will pass on any increase or decrease above that level. We will issue an amendment invoice to you and reserve the right to charge an administrative fee, at our discretion. We will only change the price of your holiday where the cost has been affected by taxes, dues, fees, exchange rates or changing transportation costs.
8. Unless your confirmation invoice states otherwise the balance of your holiday price is payable not less than 56 days before your intended departure date.
9. We accept payment by bank transfer direct to Miraviva Travel Limited, Barclays Bank plc, Account number 23487164 Sort Code 20-78-98.
10. If you fail to make payment on time we reserve the right to treat your booking as cancelled and will pass on any cancellation or administrative costs or charges to you.
11. Where we are constrained to increase the price of your holiday by 10% or more then you may take any of the options set out in the section ‘Changes to your booking’ below.
12. In the event that the holiday is transferred by you to another person in accordance with the section ‘Changes to your Booking’ below; both you and the person to whom you transfer your rights under this contract are jointly and severally liable to us for payment of the price of the holiday and for any additional costs incurred by us as a result of the transfer.
Consumer financial protection
13. If you buy a flight from us or a holiday which includes a flight, you have the benefit of ATOL (Air Travel Organiser’s Licence) protection from the CAA (Civil Aviation Authority) in the very unlikely event of our insolvency. Our ATOL number is 10722.
14. When you buy an ATOL protected flight, or flight inclusive holiday from us you will receive an ATOL certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
15. We, or the suppliers identified on your ATOL certificate, will provide you with the services listed on the ATOL certificate (or a suitable alternative as set out in these booking conditions). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under the terms of the contract with us directly to that alternative ATOL holder. You also agree that in some cases where it is not possible to appoint an alternative ATOL holder, you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
16. If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
17. Any money which is accepted by our agent or any member of an ATOL accredited body from you in respect of the services listed on your ATOL certificate, is held by that agent or ATOL accredited body member on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, subject always to the obligation of the agent or the ATOL accredited body member to pay such money to us unless we are unable to provide you the services listed by reason of our insolvency.
18. In the unlikely event of our insolvency, any money held at that time or subsequently accepted from you by our agent or member of an ATOL accredited body in respect of ATOL certificate listed services is and will continue to be held by the agent or member of the ATOL accredited body on behalf and for the benefit of the Trustees of the Air Travel Trust.
19. If some or all of your holiday is not covered by an ATOL we can provide you with information about your financial protection upon request.
Changes to your booking
20. Once the booking has been confirmed, we will provide an itinerary of your holiday. Miraviva is not under any obligation to provide a financial breakdown of the itinerary.
21. We endeavour not to make changes to your holiday itinerary. However, particularly where holidays are planned well in advance, it is sometimes necessary to make changes. Usually changes are not significant (i.e. modified flight times or routes) and often they are as a result of local changes which are outside our control. We will inform you promptly of any changes to your holiday. We will not be liable to you for any costs or charges incurred as a result of such minor changes to your holiday.
22. In the event that we make changes to your holiday which require changes to the ATOL certificate more than 72 hours before your planned departure from the UK we will supply you with a new ATOL certificate.
23. In an unusual case, it may be necessary to make significant changes to your holiday prior to departure. By a significant change we mean, for example, a change of flight time by more than 24 hours, a change of destination to a different city or a downgrade in accommodation.
24. We will notify you as soon as we are able if a significant change needs to be made to your holiday or if we for any reason cancel your holiday.
25. Where the holiday has been subject to a significant change by us you will then have the choice of whether to (i) accept the necessary changes or (ii) change to another holiday or (iii) withdraw from this contract and to receive a refund of the contract price. You must tell us as quickly as possible of your decision to permit the relevant arrangements to be made.
26. If a significant change is made by us to your holiday or if we cancel your holiday we will, where appropriate, pay compensation to you as a reflection of your likely loss. We will not be liable to you or any member of your party in respect of any indirect or consequential loss or damage, including but not limited to, loss of earnings or profit, loss of enjoyment, loss of holiday entitlement or alternative or lost travel arrangements.
|Cancellation Date||Compensation per person|
|More than 70 days before departure||£50|
|56 – 69 days before departure||£70|
|Less than 56 days before departure||£100|
If, once your holiday has started, we are unable to carry out a significant proportion of the holiday, we will wherever possible make alternative arrangements for you to continue your holiday. In the event that the alternative arrangements are of a lower standard than the services in the confirmation invoice we will compensate you for the difference in price. If we are unable to make alternative arrangements, or you for good reason decide not to accept them, we will provide you with transport back to the place of departure or to another place agreed by you and us to be mutually convenient and compensate you. In all cases of compensation under this clause compensation will be a reflection of such refund as we are, using reasonable endeavours, able to obtain from our suppliers and subject to a charge by us for the administrative time and work involved in obtaining refunds.
27. You can request changes to your confirmed itinerary at any point prior to departure. We are unable to guarantee that we will be in a position to meet your requested changes, but we will try our reasonable best to do so. Please note that all change requests must be made in writing (including email or other electronic communications). All change requests attract a fee of £100 per amendment per booking and you will be liable for all additional expenses and charges raised as a result by our suppliers.
28. If, for example, by reason of jury service, death and serious illness of a family member, or involuntary redundancy, you or any member of your party, are prevented from proceeding with your holiday after the confirmation invoice has been issued, it may be possible for the affected person to be replaced by another person. The replacement person must in our view be a suitable person to take part in the Holiday and must agree to be bound by these terms and conditions.
29. It will only be possible for the Holiday to transfer to a replacement person if you give us reasonable notice which is sufficient to permit us to contact all the relevant suppliers to obtain their agreement and make the relevant arrangements.
30. It is highly likely that any transfer will attract amendment or cancellation charges from our suppliers. Airlines and other transport providers may require substantial amendment charges or the purchase of an entirely new ticket. You and the replacement person for the Holiday will be jointly and severally liable for all such charges, regardless of whether it proves possible to effect a transfer of the Holiday.
31. The administration fee for any transfer request is £100. This is in respect of the additional time and work incurred in administering any proposed transfer.
32. A cancellation of your Holiday is only effective if it is made in writing (including by email). A cancellation is effective only when it is received by us.
33. If you cancel the Holiday, you must pay us the following:
|Date of cancellation||Cancellation charge|
|More than 70 days before departure||Deposit|
|56 – 69 days before departure||50% of holiday price|
|Less than 56 days before departure||Full price|
34. In the event that you choose to book alternative travel arrangements with us after cancellation of your holiday, we may, at our discretion, decide to transfer monies paid in respect of the cancelled holiday towards the purchase price of any alternative travel plans, provided that you pay the second deposit in full.
35. It is a condition of this contract that you take out adequate insurance cover in respect of risks associated with your holiday, including, the costs of assistance and/or repatriation in the event of illness or accident and cancellation by you. It is important that your insurance cover is adequate for your actual needs and it is your responsibility to ensure that the level and type of cover provided is satisfactory. You must inform us of the details of your travel insurer and policy at the time of booking.
36. We are not insurers. We are not experts in insurance and are not able to recommend or advise you regarding travel insurance providers or the terms of any specific policy. However, upon request we are very happy to assist you in making contact with a broker or insurer. Please note that we are not party to any insurance contract you may enter as a result and that there are other brokers and insurers available.
37. Standard insurance policies for foreign travel often have terms and conditions which exclude cover for certain activities, including sports such as rafting, zip lining, bungee jumping, trekking and scuba diving. It is your responsibility to ensure that your policy covers any potentially unusual or risky activities.
38. You must notify us of any travel or other arrangements which you make in relation to your Holiday which are not booked through us. Examples of such arrangements include flights, hotels, conferences or events. We need this information because it is relevant in the event that changes are proposed to your itinerary and we cannot be held liable for any loss, damage or inconvenience in the event that you provide inaccurate or incomplete information.
39. It is your responsibility to determine whether to participate in any dangerous or physical activity. We make no warranty as to the suitability or appropriateness of any activity for you or any member of your party. It is your responsibility to ensure you have read and understood all notices, instructions, demonstrations and guidance including any warnings regarding risks to health and safety before agreeing to participate.
40. We expect you (which means both you and all members of your party) to behave in an appropriate manner at all times whilst participating in Holiday activities and whilst using Holiday facilities and services. You must follow all instructions and guidance given to you by us our suppliers their employees or agents. If your behaviour is disruptive, threatening or abusive towards our employees, suppliers or other participants in the Holiday or users of the facilities or services or if you wilfully or recklessly fail to observe or adhere to instructions we reserve the right to treat the contract as at an end. In such circumstances we may refuse to permit you and your party to proceed with the remainder of your Holiday. If so, you will be treated as having cancelled the Holiday and remain liable for 100% of the tour price. You will be responsible for ensuring you and members of your party can return home and we may claim damages for any loss or expense incurred as a result of your behaviour or the cancellation of the Holiday.
41. It is your responsibility to ensure that you have the relevant arrangements in place for travel in time for your Holiday, including passport, visa and health requirements. You must ensure that you have all the necessary documentation for travel and that it is with you or any relevant member of your party at the appropriate time. Guidance on visa, passport and vaccination and general precautionary health requirements will be provided by us but please note we are unable to accept any responsibility if you are refused entry into any country or on board any transport or incur delays or charges as a result of any failure to hold or present the relevant documentation. In such circumstances we will not pay any refund or compensation.
42. You must look after your tickets, vouchers and other travel documents. They are important and you might be refused travel without them and we will not give you a refund or compensation if you lose, damage or destroy them. Please also check carefully your tickets, itinerary, confirmation invoice and other travel documents as soon as they are received to ensure accuracy and consistency with formal identification and visa documents and to allow for mistakes to be rectified. We will not be held liable for any loss or damage as a result of any error.
43. Make sure you arrive at any terminal, port or other point of departure in good time before check-in for transport elements or planned activities. If you miss or fail to take up any part of your travel arrangements then we are not liable for the consequences and will not make any refund.
Our liability to you
44. We accept liability (including in the case of personal injury or death) only for the proper performance of the services and facilities in the confirmation invoice in accordance with these booking conditions.
45. We do not accept liability outside the scope of the services and facilities in the confirmation invoice. If you book additional arrangements, excursions or activities which are not included in the confirmation invoice these will form a separate contract between you and the provider of those additional services, to which we will not be a party.
46. Any contract which you conclude with a provider of additional services will be subject to that provider’s terms and conditions and may be subject to the laws of the place where the services are to be provided and the courts of England and Wales may not have jurisdiction to determine any disputes which arise out of such contracts.
47. We will endeavour to provide you with information and assistance regarding additional services which may be of interest to you both before and after departure, however we are not responsible for selecting, supervising or monitoring the provision of additional services and are not liable in the event for any failure on the part of such providers to perform any additional services.
48. Where damage is caused to you or a member of your party by either non-performance or improper performance of the services or facilities in the confirmation invoice in accordance with the booking conditions, then subject to clauses 49 to 55 below, we will compensate you for your loss and damage as a result of the failure.
49. Improper performance means a failure to exercise reasonable skill and care. The relevant standard of care is that of the location in which facilities and services are situated or provided. Compliance with local regulations, customs, laws, practices and policies will constitute proper performance even though standards may be different elsewhere, including in the United Kingdom. You should be aware that in many parts of the world safety codes and standards are not as high as those we enjoy in the United Kingdom.
50. We are not liable to pay you compensation if the failure in the performance of the services in the confirmation invoice is attributable to you, or where relevant, any member of your party. We are not liable if the failure in the performance of the services in the confirmation invoice is attributable to a third party unconnected with the provision of the services and is unforeseeable or unavoidable. In particular we cannot be liable for theft or loss of personal and valuable possessions from the person in public places or transport. We strongly recommend you leave cherished or valuable possessions at home.
51. We are not liable to pay you compensation where failure in the performance of the services in the confirmation invoice is due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised or an event which despite exercising all due care we could not have foreseen or forestalled. Such events are likely to include war, riot, civil disorder, acts of terrorism, industrial dispute, technical problems with transport, natural disaster, fire, flood, extreme weather conditions.
52. In the event of circumstances within paragraphs 48 and 49 above, we will give you prompt assistance to seek to resolve the situation.
53. In the event that any claim arises to which an international convention applies, such as in the case of the carriage of passengers and their luggage by air, sea, road and rail, the conditions and limits of liability imposed by the relevant convention which governs the carrier’s liability to the passenger will also govern our liability to you.
54. In the case of claims other than for death or personal injury, our maximum liability to you is twice the price of the services in the confirmation invoice which relate to the person affected by the claim or such limits as set out above, whichever is the lower.
55. We are not an airline. If your flight is delayed, cancelled or otherwise changed you may have a claim for compensation against the airline under the Denied Boarding Regulations 2004 EC Regulation 261/2004. We have no liability to you in respect of the Denied Boarding Regulations. Eligibility for compensation from an airline for a flight which forms part of the holiday will not automatically amount to a significant change in the holiday or entitle you to the benefit of clauses 20 to 30.
56. We hope you enjoy your Holiday with us. If you are dissatisfied with any aspect of your Holiday, it is important that you contact us as well as the supplier of that part of your Holiday immediately. If you tell us straight away, we have a chance then to put things right and make changes. However, in the unlikely event that you still later wish to complain, please do so in writing within 28 days of the conclusion of your holiday. It is very difficult for us to investigate and address complaints which are made late and, save for complaints which relate to death or personal injury, we will not be liable to pay compensation in respect of complaints made outside this time.
57. We will keep all personal details you give us in relation to your Holiday booking confidential except insofar as we need to pass them on to third parties who are involved in making the arrangements for and providing your Holiday and for those purposes which are expressly permitted by the Data Protection Act 1998.
58. We will endeavour to keep to a minimum the amount of information about you which we hold and use. However, it will generally be necessary for us to hold personal details such as any disability, health and medical conditions and religious convictions which could affect travel, accommodation or dietary requirements. For example we will need to hold details of personal identification including passport numbers. By providing us with your information you consent to our use of the information in this manner. We have secure systems for holding your data.
59. We would like to contact you from time to time with information about our Holidays. Please inform us should you not wish to receive some or all of these communications.
60. This contract is made pursuant to English law and disputes are subject to the exclusive jurisdiction of the courts of England and Wales.
61. The fact that an individual provision under these terms and conditions is invalid does not affect the validity of the contract as a whole. These booking conditions and the confirmation invoice constitute the entire agreement between you and us.
62. Nothing in these terms and conditions limits our liability for loss and damage as a result of death or personal injury due to our negligence.
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