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Booking Conditions

When you make a booking with us which we accept then you will enter into a contract with either Mark Hammerton Travel Limited if you buy an inclusive package holiday, or Alan Rogers Guides Limited as agent for your Supplier if you buy accommodation. We have set out the distinction below and in either case the relevant section of these Fair Trading Terms will apply to your booking.

Our Agreement with you depends upon whether you agree to purchase:-

(a) A ferry-inclusive package holiday i.e. a combination of cross Channel travel in conjunction with a reservation for a campsite pitch or accommodation or the supply of Camping Cheques. If this applies please note that your contract will be with Mark Hammerton Travel Limited, under the terms set out at A below.

(b) Accommodation or pitch reservation or supply of Camping Cheques only. If this applies, please note that your contract will be with Alan Rogers Guides Limited, acting as agent for the suppliers of those services, under the terms set out at B below.

A - Fair Trading Terms for ferry-inclusive package holidays

Our agreement with you

This agreement complies with the ABTA code of conduct and the Package Travel, Regulations 1992.

Throughout this agreement, 'we', 'us' and 'our' means Mark Hammerton Travel Ltd ("MHT") of Spelmonden Old Oast, Goudhurst, Kent TN17 1HE. The Alan Rogers' Travel Service is a trading name of MHT. 'You' and 'your' means the person who makes the reservation for himself and other members of his party and who must be at least 18 at the time of booking. The contract between us comes into force when we accept your booking and you pay the deposit referred to in the brochure. If you wish to cancel your booking you must notify us in writing and cancellation charges may apply (see below). We act as agents for the transport operators and campsites featured in this brochure and we will notify them of your reservation. If they confirm your reservation we will advise you in our confirmation invoice. You then enter into a contract with them based on their conditions which accompany our confirmation invoice to you when available or we will enclose information on how to obtain them. Your contract with the transport operator and/or campsite comes into force on the date your booking is accepted.

Our obligations

1. The Price of Your Holiday
   We will always try to give accurate information on price. If we notice we have made a mistake we will notify you as soon as possible before your booking is confirmed. We reserve the right to increase our published prices before you book. If there is any increase we will draw it to your attention at the time of booking. If the new information or price would constitute a significant change after you have booked, then we will offer you the options set out below in Term 2. You must pay the required deposit at the time of booking. The balance becomes payable 10 weeks before departure/ Payment in full is required for bookings within 10 weeks of departure.The price of your travel arrangements is subject to surcharges for increases in: transportation costs (e.g. fuel); scheduled air fares and any other airline or transport surcharges which are part of the contract between transport companies (and their agents) and MHT; Government action, such as increases in VAT or any other Government-imposed increases; currency in relation to adverse exchange rate variations.Even in this case, MHT will absorb an amount equivalent to 2% of the confirmed holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying a surcharge of more than 10% on the previously confirmed and invoiced holiday price, you will be entitled to cancel your holiday with a full refund of all money paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel for such a reason, you must exercise your right to do so within 14 days from the issue date printed on the invoice.The price of your holiday was calculated using the Sterling to Euro exchange rate quoted in the Financial Times on 11/9/08. After final payment for your holiday: We guarantee not to increase the price of your holiday once the final balance, due ten weeks before departure has been paid.
2. Alterations
   Alterations made by us before departure: Occasionally we may have to amend your holiday arrangements but we will notify you of any amendment as soon as possible. If this constitutes a significant change you have the option of either accepting the change, booking any other available holiday from the brochure or cancelling your booking and receiving a full refund. A significant change includes a change of campsite where the stay was for three nights or more or a change of ferry time by more than twelve hours, where this has been necessitated by us changing your holiday arrangements. You must notify us of the option you wish to take as soon as possible. Where any alteration amounts to a significant change we will pay compensation according to the table below. Unless we have cancelled your holiday because of non-payment default or where the change is caused by reason of unusual and unforeseeable circumstances beyond our control and the consequences of which could not have been avoided even if all due care had been exercised by us. These circumstances include industrial action or disputes, closure or congestion of ports or airports, road blockades, technical problems to transport, war, threat of war, civil strife, terrorist activity, natural or nuclear disaster, epidemic or disease, adverse weather conditions or similar events.

   Period of notification given to you of any significant changes	Compensation per booking % of Total Holiday Cost
   (Number of days before your holiday is due to start)	If holiday is taken:	If you cancel:
   More than 42 days 29 - 42 days 15 - 28 days 0 - 14 days	Nil 10% 15% 20%	Nil Nil 10% 10%

   Alterations made by us after departure: Should alterations be necessary after your departure, we will make suitable alternative arrangements (at no extra cost to you) for the continuation of the holiday and will, where appropriate, compensate you for any price difference between the services to be supplied and those received. If it is impossible to make alternative arrangements (or you do not accept them, for good reasons) we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you agree, and you may be entitled to compensation.
3. Special Requests
   We always do our best to comply with any special requests made at the time of booking but these are not guaranteed.
4. Delays to Transport Services
   Where we are notified of a delay by the transport operator we will take reasonable steps to advise you before departure. You may be covered for additional expenses incurred due to such delays under the terms of your insurance policy.
5. Marketing Information
   We make every effort to ensure that the information in our guides and brochures is accurate and comprehensive. It is based on our best knowledge at the time of going to press. However, changes may be made in the particulars contained in the brochure before the contract between you and us is made. Where possible we will advise you of any changes at the time of booking.
6. Our Liability to You
   a) We accept responsibility for ensuring that the holidays that you book with us are supplied as described in this brochure and that the services we are contractually obliged to provide are to a reasonable standard. If any part of your holiday is not provided as promised, we will pay you appropriate compensation, if this has affected the enjoyment of your holiday. We accept responsibility for the acts and/or omission of our employees, agents and suppliers, save where they lead to death, injury or illness (see below).
   b) We accept responsibility for death, injury or illness caused by the negligent acts and/or omission of our employees or agents, together with our suppliers or subcontractors, servants and/or agents of the same whilst acting within the scope of, or in the course of, their employment in the provision of any part of your holiday that we are contractually obliged to provide. We will, accordingly, pay to our client such damages as might have been awarded in English Law.
   c) In respect of carriage by air, sea and rail and the provision of accommodation our liability in all cases will be limited in the manner provided by the relevant international convention.
   d) If any client suffers death, accidental illness or personal injury whilst overseas arising out of an activity which does not form part of the foreign inclusive holiday arrangement or excursion arranged through us, we shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a 3rd Party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated, authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits under an appropriate insurance policy to ourselves. This financial assistance is to a maximum sum of £5,000 in total per booking.

Your obligations

1. Satisfaction
   If you believe that we have made a mistake with your holiday booking, or have failed to provide the services to which you are entitled, or are dissatisfied with your holiday you should seek to resolve any issue with the supplier of the service concerned (or our local representative) and if still dissatisfied notify us, in writing, on your return.
2. Regulations
   You and your party must abide by the rules and regulations of the campsite owners, ferry companies, hotels and other operators and be considerate towards everyone you come into contact with during your holiday. If you or any member of your party fail to observe such rules or behave in such a way as to cause (in our opinion or the opinion of our supplier) danger, distress or annoyance to anyone or damage to property we are entitled without prior notice, to terminate the holiday. In this situation you will be required to vacate the campsite immediately and we will have no further responsibility. No refunds will be made nor will we pay any expenses. Costs for any damage must be paid by you.
3. Your Accommodation
   In booking you undertake to accept the pitch or accommodation allocated by our local representative or the site owner. You must take reasonable precautions for your own safety and that of members of your party.
4. Facilities in Low Season
   The provision of campsite services and facilities may be restricted in low season or in cases of bad weather. Where specific opening dates are not given this should not be taken as an implied guarantee of their availability all season. Please refer to the section on off peak holidays in this brochure.
5. Planning your Journey
   It is your responsibility to plan your journey and to provide a roadworthy vehicle. We will not make refunds for unused pitches or accommodation where insufficient time has been allowed for journeys or if you have broken down.
6. Holiday Insurance
   As responsible tour operators, we believe it is essential that you consider taking out adequate holiday insurance for the duration of your time away. We can provide information for holiday insurance, but we make no recommendation. If you have an alternative policy, you need to let us know what it is.
7. Payment
   We accept the deposit as part payment for your holiday. The final balance is due 10 weeks before departure. It is a condition of our contract with you that we receive the final balance by that date failing which we reserve the right to cancel the holiday with consequent cancellation charges (see below). Bookings made 4 - 10 weeks before departure must be paid for within 7 days of the date of the invoice. Bookings made within four weeks before departure must be paid for in full at the time of booking. For bookings made less than ten but more than four weeks before departure we reserve the right to require an additional deposit to cover possible cancellation charges and in some circumstances increased administration costs.
8. Alterations or Cancellations
   We reserve the right to charge an amendment fee of £20 payable for any alterations made to your reservation. If you reduce the number of nights spent on site after the date of your confirmation invoice, we reserve the right to require you to pay for the number of nights originally booked.
   Alterations within eight weeks of departure: If you wish to alter your holiday dates by more than two weeks this will be treated as a cancellation (see below) and your new holiday arrangements will be treated as a new booking.
   Alterations within two weeks of departure: All alterations will be treated as a cancellation (see below) and your new holiday arrangements will be treated as a new booking.
   Alterations whilst on site: We will do our best to accommodate any alteration you wish to make whilst on site (subject to availability). We reserve the right to charge an amendment fee of £20 (or the equivalent in local currency) to cover administration and telephone costs. You will be required to pay the extra cost (if any) and any extra charges for additional members of your party who were not notified to us when the reservation was originally made.
   
   Cancellations: You must confirm in writing all cancellations made before your holiday departure date. No action will be taken by us until we have received your written instructions. Clients are strongly advised to send such notification by recorded delivery as we cannot be responsible for non-receipt of written instructions.
   Our preferred holiday insurance provides cover against cancellation in some circumstances.
   
   The following cancellation fees (including the amount of the deposit) are payable:
   
   •   More than 8 weeks: deposit only and insurance premiums.
   •   Between 4 - 8 weeks: 40% of the total holiday cost plus insurance premiums.
   •   Between 2 - 4 weeks of departure: 70% of the total holiday cost plus insurance premiums.
   •   Less than 2 weeks of departure: 100% of the total holiday cost plus insurance premiums.
   
   Alteration and cancellation of travel bookings: Changes, alterations and cancellations of ferry or other transport operator bookings are subject to their own terms and conditions and cancellation charges are likely to be payable to them in addition to any MHT amendment fees. You are responsible for arriving in good time for your ferry.
   
   Loss of travel tickets: Where lost travel tickets have to be replaced, this will be treated as an alteration and amendment charges may be levied. Some companies insist on replacements being paid for in full.
9. Complaints
   Should you experience a problem, please see the campsite owner or the representative of the supplier of the service who will normally be able to sort it out immediately. Your complaint to the campsite owner should be in writing. If a complaint remains unresolved, please write to MHT within 14 days of your return. All letters received by us will be answered within 14 days. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, under a special Scheme arranged by the Association of British Travel Agents, and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
   
   English law shall apply to the contract between you and us which incorporates these terms and the English courts have exclusive jurisdiction.
   
   Please note: Mark Hammerton Travel Ltd is a member of ABTA under membership number W1610. As such we are fully bonded according to ABTA's rules and abide by ABTA's Code of Conduct. ABTA protection only applies to services supplied by Mark Hammerton Travel Ltd and does not apply to services featured in this brochure that are provided by Alan Rogers Guides Ltd or any other company
10. Data Protection
    In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide (such as name, address, any special needs etc). We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
    
    We will hold your information, where collected by us, and may use it to inform you of offers or to send you brochures. If you do not wish to receive such approaches in the future, please write to us at Spelmonden Old Oast, Goudhurst, Kent TN17 1HE.
    
    We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us at Spelmonden Old Oast, Goudhurst, Kent TN17 1HE.

B - Fair Trading Terms for pitch or accommodation reservations

1. Your Contract
   If you buy a pitch or accommodation only then your contract will be with Alan Rogers Guides Limited ("ARG") of Spelmonden Old Oast, Goudhurst, Kent TN17 1HE who will at all times be acting as agent for the following:-
   (i) Campsite pitches and accommodation - ARG acts as the agent for the owners of the campsite where you will stay.
   (ii) Camping Cheque - ARG acts as the agent for SAS Kawan Group of Château de Simard, 16 Route de houhans, 71330 Simard, France.
2. Bookings
   2.1 Bookings are valid after:-
   (i) ARG has confirmed your booking either in writing or by telephone or internet;
   (ii) The appropriate deposit has been paid and;
   (iii) The booking has been confirmed in writing by ARG to the lead customer who makes the booking.
   
   2.2 The person who makes the booking shall be deemed to be authorised to agree these terms and conditions on behalf of all persons included in the booking.
   
   2.3 For the purchase of Camping Cheques payment in full is required at the time of booking and no refund is possible. For other purchases, in the case of campsite pitch or accommodation bookings, a deposit of £100 must accompany bookings with the balance payable at least 10 weeks before the occupation of the accommodation. If the booking is within 10 weeks of occupation, payment in full is required at the time of booking.
3. Cancellation
   3.1 If you wish to cancel your booking you should advise us immediately in writing which must be signed by the person who made the booking. If your cancellation is within 8 weeks of occupation then the following cancellation charges apply:-
   

   Within 8 weeks of occupation	40% of the total holiday cost plus insurance premiums
   Within 4 weeks of occupation	70% of the total holiday cost plus insurance premiums
   Within 2 weeks of occupation	100% of the total holiday cost plus insurance premiums

   Please note that there are 100% cancellation charges applicable to Camping Cheques
4. Specific terms relating to Camping Cheque
   4.1 One Cheque is valid for one night for two people on a standard pitch with car, caravan, tent or motor home. Electricity and the use of an awning are included in the price.
   
   4.2 The Cheque does not include any local tourist taxes which may be payable locally.
   
   4.3 The Camping Cheque voucher cannot be exchanged or reimbursed if stolen or unused and is not transferable.
   
   4.4 Camping Cheques are made up of two parts which must be intact when handed to the campsite who otherwise may refuse to accept it.
   
   4.5 Camping Cheques are only valid for use at campsites participating in the Camping Cheque scheme. As Camping Cheque is a low season scheme, each campsite accepts Camping Cheque during limited dates - please see details of participating campsites and Cheque acceptance dates in the 2009 Camping Cheque Site Directory available on request or at www.campingcheque.co.uk
   
   4.6 The price of each Cheque is £13.95 based on a Euro/Sterling exchange rate taken in September 2008. We reserve the right to increase the price of Cheques if the exchange rate changes adversely. If the price of a Camping Cheque increases at the time of booking you will be advised accordingly. The cost of Cheques will not increase once payment has been received.
   
   4.7 Prices are valid for cheques purchased between 1st October 2009 and 30th September 2010. Each Cheque is valid for use between 1st January 2010 and 31st December 2011.
   
   
5. Specific terms relating to campsite pitch and accommodation reservations.
   5.1 You and your party must abide by the rules and regulations of the campsite owner. In particular you are expected to be considerate towards everyone you come into contact with during your stay. If you or any member of your party fail to observe such rules or behave in such a way as to cause (in the opinion of the campsite owner) danger, distress or annoyance to anyone or damage to property the site owner will be entitled without notice to terminate your occupation of the campsite and ask you to vacate immediately. In this case no refunds will be made and the cost of damage must be paid for by you.
   
   5.2 By these terms you agree to accept the pitch or mobile home allocated by the campsite owner. We will do our best to pass on any special requests you may make at the time of booking but cannot guarantee to meet these requests under any circumstances. You agree to accept responsibility to take reasonable care of the accommodation and equipment. You must take reasonable precautions for your own safety and that of members of your party.
   
   5.3 In low season and during periods of bad weather, you must accept the provision of campsite services and facilities may be restricted. Where specific opening dates are not given in our brochures this should not be taken as an implied guarantee of their availability all season.
   
   5.4 If you wish to alter arrangements made on site we will do our best to accommodate such request but no guarantee is given. We reserve the right to charge an amendment fee of up to £50 (or the equivalent in local currency) to cover administration and telephone costs. You will be required to pay the extra cost (if any) of any alternative accommodation or facilities which has not been pre-booked and any additional charges.
6. Complaints
   6.1 Should you experience a problem, please see the campsite owner or accommodation provider who will normally be able to help you immediately.
   We act only as agents for the owners of accommodation and/or campsite owners and for SAS Kawan Group for Camping Cheque and whilst we agree to pass any complaint on to them, it is these principals that are responsible for any complaint you may have.
7. The terms of this contract are between yourself and ARG acting as agent for the principal set out in these terms and conditions. The contract is to be governed by French law in respect of Camping Cheques, and otherwise by the law applicable to the location of the accommodation.
8. If you require details of the identity of the supplier, its address and the applicable law, please contact us and we will provide this information to you.

Occasionally we may pass your details to third parties who may have offers of interest to you. If you do not wish to receive such mailings, please write to us at Mark Hammerton Travel, Spelmonden Old Oast, Goudhurst, Kent, TN17 1HE.