PRIVACY POLICY

We work very hard to keep the information you give us safe. We follow strict security procedures on how your personal information is stored and used, and who sees it, to help stop any unauthorised person getting hold of it.

 

Personal Information

We collect personal details, such as your name, address and email address only when you use our website to send us an enquiry, order a brochure, register with us for competitions, promotions or sign up to receive email newsletters from us. We will only use that information to respond to your message and to help us get you the information or services you have requested. Remember that email is not necessarily secure. You should never send sensitive or personal information by email. Where we use forms to collect sensitive data, the page will be clearly marked as being secure and a “padlock” icon will display in your browser (usually bottom right).

We collect personal information from you in two main ways:

 

1. Automatically Collected Information

We collect and temporarily store certain technical information about your visit for use in site management and security purposes. This information includes:

The Internet domain from which you access our website

The type of browser (e.g., Netscape, Internet Explorer) used to access our site

The operating system (Windows, Unix) used to access our site

The date and time you access our site

The URLs of the pages you visit

The URL of the website or link you used to access our website

This information is only used to help us make our site more useful for you. With this data we learn about the number of visitors to our site and the types of technology our visitors use. No attempts are made to identify individual users or their usage habits. Raw data logs are retained temporarily as required for security and site management purposes only.


2. Information Collected for Tracking (Cookies)

We use “cookies” to store and collect information regarding your usage of the website. Cookies are small files placed on your computer’s hard drive, or in your browser memory, when you visit our website. Your computer will only share the information in the cookie with the website that provided it, and no other website can request it. There are two types of cookies, session and persistent. Session cookies last only as long as your web browser is open. Once you close your browser, the cookie disappears. Persistent cookies store information on your computer for longer periods of time - typically up to 3 months. Audley’s websites may use both types of cookies.

At no time is your private information, whether stored in persistent cookies or elsewhere, shared with third parties who have no right to that information. If you do not wish to have session or persistent cookies stored on your machine, you can turn them off in your browser.

 

TERMS AND CONDITIONS

The following Booking Conditions apply to all “packages” (see (b) below) booked with SMOKESILVER TRAVEL Limited trading as SMOKESILVER TRAVEL (“we”, “us” or “our”). Together they form the basis of your contract with us. Please read them carefully as they set out our respective obligations.

In these booking conditions “you” and “your” means all persons named on the booking including anyone who is added or substituted at a later date.

1. Booking and paying for your holiday
a) To book a holiday please call us to confirm current prices or to request a quotation. If you are happy with the price or quotation, you should complete, sign and return our Booking Form, in order to request your booking. Your doing so enables us to ensure that we have the correct details for your booking including the names, addresses and any special requirements or other information for all persons travelling. If you fail to complete and return the Booking Form at the time of booking, errors may arise which may result in you incurring additional costs. The Booking Form must be signed by the first named person on the booking (“party leader”). The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the Booking Form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

The completed and signed Booking Form should be returned to us when requesting your booking. The payments referred to in (1e) below must be made at the time of requesting your booking. A contract between us comes into existence, as set out in (1c) below, whether or not we receive your Booking Form prior to processing your deposit or full payment.

b) The nature of the holidays we arrange means we are often not in a position to confirm every requested element at the time of booking. Once we reasonably expect the key elements of your holiday to be available, we will process your payment and a contract between us will come into existence, as set out in (1c) below. If for any reason we do not expect the key elements of your holiday to be available we will not process your payment and will advise you accordingly. Processing your payment is not a guarantee or representation that your requested arrangements will be provided. Obtaining confirmation of all elements from suppliers may take 2 weeks or more. In some cases it may not be possible to confirm all elements as requested and changes may need to be made. Occasionally, we have to cancel a booking prior to issue of the confirmation invoice where we are unable to confirm all key elements and/or offer suitable alternative arrangements. If we have to cancel or the arrangements we are able to confirm when we issue a confirmation invoice are significantly different to those requested and any alternative arrangements we offer you are not acceptable, we will refund all monies you have paid us. You are not, however, entitled to cancel without paying our normal cancellation charges where any changes affect elements of the holiday, which are not key elements or are otherwise minor, as defined in clause 4 below. As bookings can only be accepted on the basis set out above, no compensation will be payable where your booking is cancelled or a significant change made (which you accept) in accordance with this clause.

c) A contract between us will come into existence when we process your credit/debit card payment or deposit your cheque/cash for your deposit or initial payment into our account, at which time we will either issue a deposit receipt letter acknowledging the acceptance of your booking or in the case that all arrangements can be confirmed at that time a confirmation invoice. If a confirmation invoice cannot be issued we will seek confirmation of all requested elements of your booking from the suppliers concerned as set out above. We will issue a confirmation invoice once we are in a position to confirm the available arrangements. The arrangements shown on your confirmation invoice are those that we are contracting to provide. This invoice will be sent to the party leader or your travel agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information that appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. You must ensure that the name of each party member given to us at the time of booking matches the name exactly as it appears on that party member’s passport.

d) A deposit as specified on your Booking Form, or as advised by your travel consultant or equal to full payment if booking within 3 calendar months of departure, must be paid at the time of booking. For certain arrangements the suppliers concerned require full payment, for those arrangements, at the time of booking. If this applies to your booking we shall advise you of this prior to booking. For the purposes of clause 3 such payments will also be classed as deposits.

The balance of the holiday cost must be received by us not less than 3 calendar months prior to departure. This date will be shown on the confirmation invoice and reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 4 will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.

Please note that for all bookings received within 21 days of departure, a late booking fee of £75 will be added to your invoice to cover additional administrative expenses. All payments must be made by cheque, bank transfer or acceptable credit or debit card. Credit card payments will be subject to a 2% fee.

e) All monies you pay to one of our authorised travel agents for a holiday with us, that does not include a flight (or flights), will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. All monies paid to one of our authorised travel agents for a holiday with us that includes a flight (or flights) will be held on our behalf until they are paid to us or refunded to you.

2. Alterations by you
Should you wish to make any alterations to your confirmed holiday the party leader must notify us as soon as possible in writing. Whilst we will endeavour to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers and our amendment fees of £75 per person. Please note that some airline tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost. Some accommodation is priced according to the number of people in the booking. If one of your party cancels so that fewer people share the accommodation, then the cost may go up.

3. Cancellation by you
Cancellations must be notified to us in writing by the party leader. Your notice of cancellation will only be effective when we receive it in writing at our offices. As we incur costs from the time you make your booking, the following cancellation charges will be payable. 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, late booking and amendment fees. Insurance premiums, late booking and amendment fees are not refundable in the event of cancellation.
Period before departure: cancellation charge per person

6 calendar months or more: deposit. 
3 calendar months or more: 25%. 
2 calendar months or more: 50% 
1 calendar month or more: 75% 
Less than 1 calendar month / no show: 100%.

In any period, the greater of the deposit or percentage will apply.

If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:
(i) all suppliers and third parties accept the transfer of names or are able to re-book. 
(ii) you sign an authorisation to transfer the holiday into another name. 
(iii) the transferee signs a Booking Form. 
(iv) the transferee provides us with new travel insurance details.

Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £75 must be paid before the transfer can be effected. Any overdue balance payment must also be received.

4. Changes and cancellations by us
Occasionally we have to make changes and correct errors in our booking information both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, mistakes, or if the minimum number of bookings required for a particular holiday have not been received. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so. We will notify you (or your travel agent) of cancellation at the earliest opportunity and in the case of minimum number of bookings not being achieved at least 30 days before departure. Most changes will be minor. Occasionally we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes include (i) a change in your flight departure time by more than 12 hours (ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you (iii) a change in your destination locality or (iv) a change of accommodation to that of a lower standard. If we have to make a significant change we will inform you (or your travel agent) as soon as reasonably possible. If there is time to do so before departure we will offer you the choice of one of the following options:

(i) accepting the changes (for significant changes) or

(ii) purchasing an alternative holiday from us, of a similar standard to that originally booked. If available we will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or

(iii) cancelling or accepting the cancellation and receiving a full refund of all monies due.

If we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 and usually no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:

If we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 and usually no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:

(i) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or

(ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above) or

(iii) where your booking is cancelled or a significant change made (which you accept) prior to or at the time of confirmation, as set out in clause 1b.

No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except as specified in clause 15 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.

Please also see clause 16 “Late Arrivals, Delay and Denied Boarding Regulations”. 

Very rarely, we may be forced by “force majeure” (see clause 8) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

5. Prices
All prices published in our brochures, marketing material and our website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence. We will advise you of any error of which we are aware and of the then applicable price prior to this point.

Once the price of your chosen holiday has been confirmed on your confirmation invoice then subject to the correction of errors, we will only increase or decrease the price in the following circumstances.

Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your holiday.

Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment or late booking fees) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment or late booking fees), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment or late booking fees) or alternatively purchase another holiday from us as referred to in clause 4 “Changes and Cancellations by us”.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (ii) or (iii) as set out in clause 4. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.

A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.

We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.
In accordance with Air Navigation Orders, an infant must be under 2 years of age on the date of their return flight to qualify for infant status. If it becomes a legal requirement for infants to have separate airline seats, we will have to pass the cost of this onto any guest travelling with an infant.

6. Insurance
It is a condition of booking that you are covered by adequate liability, medical and holiday cancellation insurance from when the contract between us comes into existence. When obtaining travel insurance you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that maybe considered high risk such as skiing, scuba diving, white water rafting, travel by light aircraft, paragliding, kite surfing, wind surfing, safaris, mountain trekking and so on. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that details of your insurer and policy number are provided to us for our records. We may need to refer to this if you are involved in an accident. If you are unable to provide us with insurance details at the time of booking you, and all your party, must complete an insurance responsibility waiver form. If insurance details are not provided and you do not complete this waiver then we reserve the right to refuse to accept your booking or cancel your holiday with loss of deposit if you fail to do so. SMOKESILVER TRAVEL will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

7. Visas passports and health requirements
Please see the separate Important Information document for more detailed information on the passport, visa and health requirements applicable to your holiday. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

8. Force majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God.

9. Suppliers’ conditions
Independent suppliers provide most accommodation, services and transport. All bookings are subject to the third party conditions and regulations of these carriers/ transport proprietors/accommodation providers and service suppliers. These conditions may limit or exclude liability to you and may be subject to provisions of international conventions - copies are available from us on request. Many third party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.

10. Our liability
a) We promise to make sure that the holiday arrangements we have agreed to make perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or (iii) force majeure as defined in clause 8 above.

c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature that might lead a reasonable holiday maker to refuse to take the holiday in question.

e) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1500 per person affected unless a lower limitation applies to your claim under this clause or clause (f) below. You must ensure you have appropriate travel insurance to protect your personal belongings.

g) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

h) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 18 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred.

11. Brochure accuracy
All reasonable care has been taken to ensure that the descriptions, facts or opinions in our brochures and itineraries are accurate at the time of printing. Opinions expressed are personal to the authors and photographs only relate to a specific destination when
specifically captioned. The layout and furnishing of rooms shown in photographs may change. During the lifespan of our brochure, advertised facilities, services, schedules, and laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with your travel agent or us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.

12. Behaviour and damage
a) When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

b) The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of SMOKESILVER TRAVEL. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.

13. Acceptance of risk (by you)
You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.

14. Overseas standards, expectations and safety
Please note it is the requirements and standards of the country in which any services, that make up your holiday are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition you must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.

15. Flights
a) It is a requirement of some airlines that all onward and return flights are reconfirmed at least 72 hours before departure. Therefore it is essential that you contact the appropriate airline or our representatives on arrival to reconfirm your flights. Remember to check current timings as they are subject to change and we recommend that, where possible, guests check in on-line 24 hours prior to departure.

b) Many airlines, airports and governments levy a variety of taxes and surcharges including but not limited to departure, arrival, noise, environmental, fuel and security taxes or surcharges, which are often payable locally unless specifically shown on your tickets as being prepaid.

c) If you fail to utilise the outbound portion of your flight ticket the inbound portion will automatically be cancelled.

d) In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell _en.html

In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.

If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 4 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings that will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Please note also your responsibility under 15(a) above.

Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

16. Late arrivals, delay and denied boarding
We cannot accept responsibility if you miss your flight or transfer due to late check in, check in queues, delays in connecting transport or due to delays introduced by security procedures. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding.

This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.

17. Accommodation
The accommodation provided is only for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited.

18. Claims and complaints
In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of our local representative (or if none to the SMOKESILVER TRAVEL UK office, in which case we will reimburse reasonable communications costs) and to the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If you fail to do so you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it. If we are unable to resolve matters whilst you are on holiday and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation may be affected or even lost as a result.

19. Consumer protection
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 10270). When you buy an ATOL protected air inclusive holiday or flight* from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our ATOL. In the unlikely event of our 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. (Please note: Not all holiday or travel services offered and sold by us will be protected by the ATOL scheme. Please ask us to confirm what protection may apply to your booking.)

*The air inclusive holidays and flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk.

20. Law and jurisdiction
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description that arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the AITO arbitration scheme (see below) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). AITO’s low-cost Independent Dispute Settlement Service may be called upon by either side to bring the matter to a speedy and acceptable conclusion if the scheme is available for the claim in question.

21. Personal information and privacy
Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that need this information in the course of providing the holiday services you have booked. We may contact you from time to time with holiday information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us at info@smokesilvertravel.com, detailing how you wish us to use and store your personal information.

We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. SMOKESILVER TRAVEL will not be held responsible if you fail to provide or comply with relevant API requirements.