Legal Information

DATA PROTECTION POLICY

Your booking: In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we and your travel agent will need to use the information you provide such as name, address, any special needs/dietary requirements 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 airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, 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 onto 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 any disabilities, dietary or 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.)

Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy.

You are entitled to a copy of your information held by us. If you would like to see this please contact Data Protection Controller at Eden Collection.

Marketing: Should you order a brochure via the Eden Collection website, or book a holiday with Eden Collection, we will hold the information collected, and may use it to inform you of offers in the future or to send you brochures. Because your privacy is important to us, we do not disclose your details or information given to Eden Collection to any third party. If you do not wish to receive such approaches in the future, please contact Eden Collection on 01244 567 000.

NB: We take full responsibility for ensuring that proper security measures are in place to protect your information. When you make a booking, you consent to all the information you provide being passed on to our suppliers, wherever they may be based.

BOOKING CONDITIONS

1. YOUR HOLIDAY CONTRACT
The holidays featured on this website are operated by The Eden Collection Ltd ('the Company'/'we'/'us'/'our') which is registered in England under Company number 6664069. Your contract is with the Company and the following booking conditions, together with the information set out in the relevant website descriptions, will form part of your contract with the Company. This contract is made on the terms of these booking conditions, which are governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish.

2. YOUR FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 ('Regulations') require us to provide security for monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL number (9902) administered by the Civil Aviation Authority (CAA).
If you book arrangements other than a package holiday from this brochure, the financial protection referred to above does not apply.
When you buy an ATOL-protected air holiday package and/or flights from us, you will receive a confirmation invoice from us confirming your arrangements and your protection under the Company's ATOL. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk

PLEASE NOTE - Some of the clauses only apply to package holidays. A package is a combination of at least two services, e.g. accommodation and transport, bought from us at an inclusive price. Therefore, those clauses will not apply to any 'accommodation only' (including villas) bookings.

3. BOOKING
On making an enquiry with the Company regarding a holiday booking, the  Company will issue you with a quote. To secure your booking, you should telephone the Company to confirm your booking and pay the relevant deposit as detailed in Section 4. You will have a seven-day cooling-off period from the date of booking (as confirmed in the Confirmation Invoice) to cancel your holiday arrangements should you change your mind and are no longer happy to proceed. You must notify the Company of your desire to cancel the holiday in writing within that seven-day period. In such circumstances, your booking will be cancelled and any monies paid will be returned in full, provided you have not commenced your travel. If you do not cancel you holiday arrangements within the sevenday
cooling-off period, your booking will proceed.
All correspondence will be sent to the client at the address specified. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party, the terms of these booking conditions. The person making the booking accepts responsibility for paying for all the people in the booking and for keeping all members of the party advised of the booking details. A contract will exist as soon as we issue our confirmation invoice, subject to the cooling-off period above. Please check its contents carefully and, in the event of a discrepancy, contact us immediately. Special requests should be indicated to us at the time of booking. The Company will try to arrange for special requests to be met but these cannot be guaranteed. The Company will not be liable if any special request is not met.

4. PAYMENT/DEPOSIT
A minimum deposit of 10%, with a minimum of £250* per person, with a maximum of £2,000 per booking, of the total holiday cost must be paid at the time you confirm your booking. For villa and chalet bookings, a deposit of 30% of the total holiday cost is required. The amount of your deposit will be notified to you when we issue you with a quote. We will send a final invoice for the balance payable to you 10 weeks prior to departure, which is payable within 8 weeks of departure.
If the booking is not accepted by us, the deposit will be refunded.
In the event that the balance is not paid within 8 weeks of departure, we have the right to cancel your holiday and you will forfeit your deposit. Alteration or cancellation by a client of an accepted booking will be subject to the provision of these booking conditions.
*Please note that higher deposits may be requested if prepayments to suppliers are necessary.
NB: A selection of our airline fares require full payment at the time of booking and also carry 100% cancellation charges. If this is the case, we will advise you at the time of booking. The Company reserves the right to pass on credit card charges for holiday balance payments.

5. OUR BROCHURE PRICING POLICY
Prices in this brochure were calculated on the basis of known costs as at 30 Sept 2009 using the exchange rates as quoted in the Financial Times on 30 Sept 2009. We reserve the right to alter the prices of any of the holidays shown in this brochure. You will be advised of the current price of the holiday that you wish to book, at the time of booking.
When you have booked your holiday and paid your deposit, or the full amount if you book within 8 weeks of departure, the price of your holiday as shown on your
confirmation invoice is guaranteed and will not be subject to any changes or surcharges unless you elect to change the confirmed booking (see Section 6). At no time is the Company liable to give a breakdown of costs due to the nature of the holiday bought by the client. Due to the financial commitments being made by the Company we regret that we are not able to make reductions in holiday prices in response to fluctuations in foreign currency exchange rates.

6. IF YOU CHANGE YOUR BOOKING
If, after your confirmation invoice has been issued, you wish to change your travel
arrangements in any way, we will do our utmost to make these changes, however, please note that it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be required to pay an administration charge of £30, plus any further costs we incur in making this alteration. You should be aware that these costs could increase, the closer to the departure date that
changes are made, and you should contact us as soon as possible.
NB: Certain travel arrangements, like many flight bookings for example, may not be changed after a reservation has been made and, therefore, any alteration requests could incur a cancellation charge of up to 100% of that part of the arrangements, plus any additional charges for replacement bookings.

7. INABILITY TO TRAVEL (Packages only)
If any booked person is prevented from travelling on the holiday you booked due to genuine circumstances (e.g. insurable risks or other circumstances beyond your control), the Company will agree to that person's booking being transferred to another suitable person provided they meet all the requirements relating to that holiday, that the holiday arrangements remain the same and subject always to all suppliers relating to the holiday booked agreeing to accept the name change. If the suppliers relating to the holiday booking do not accept a transfer of the name to another person, then such request to transfer will be deemed to be a cancellation of the holiday and be subject to the cancellation provisions in Section 8. You must provide proof of why you are unable to travel, at the time you request to transfer your booking. The Company must be given reasonable notice of the transfer request and in any event, the booking cannot be transferred within 14 days of the date of departure. If the transfer is allowed then an administration charge of £30 plus any extra charges levied by the suppliers will apply.
Bookings may not be transferred to another person in any other circumstance. In the event of you transferring your booking to another person, you are jointly and severally liable for payment of the holiday cost and other associated expenses. The person to whom the booking is transferred must agree to be bound by these booking conditions.

8. CANCELLATIONS
You are required to pay the balance of your holiday by the due date, as shown on your invoice. If you do not, then the Company reserves the right to cancel the booking and retain your deposit.
You, or any member of your party, may cancel your holiday arrangements, or any part of them, at any time. To make a cancellation, the person who made the booking must write to the Company as soon as possible with full details. Since we incur costs in cancelling your holiday arrangements, you will have to pay the applicable cancellation charges as detailed below. Upon receipt of the written cancellation at our offices, the following charges will be levied depending on the number of days prior to departure:
More than 60 days Deposit only
59-45 days 30%
44-20 days 75%
19- 0 days 100%
The above cancellation charges may vary to reflect the terms and conditions of the
Company's suppliers. Deposits may be non-refundable for cancellations of all holidays occurring over the following periods: Christmas, New Year and other school holidays. In addition, some bookings are subject to 100% cancellation charges if cancelled at any time. You will be advised at the time of booking if the conditions vary and if higher cancellation charges apply.
NB: We strongly recommend that you have adequate TRAVEL INSURANCE including
cancellation cover. If the reason for your cancellation is covered under the terms of
your insurance policy, you may be able to reclaim these charges.

9. ALTERATION TO A CONFIRMED BOOKING AFTER TRAVEL HAS COMMENCED
We regret that no credit or refund is possible for any unused services provided in the cost of your holiday. If you decide to alter your travel arrangements whilst abroad this is your own responsibility and the Company is not responsible for any extras or difficulties that may arise with onward travel as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents that could be the subject of a claim on your own insurance.

10. CANCELLATION OR CHANGES MADE BY THE COMPANY
Occasionally, we may have to make changes to your holiday arrangements and we
reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force
majeure* or failure by you to pay the final balance.
NB: Carriers, such as airlines, used in the brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, change to different accommodation of the same standard, changes to aircraft type.
The Company reserves the right to cancel your holiday at any time, should it become necessary. In the event of the Company having to alter, amend or cancel the holiday on or before the date when the balance of payment becomes due, you will be offered a choice of an alternative holiday of at least comparable standard if available and if this is not acceptable, a full refund of all monies received by the Company will be due.
In the unlikely event that we have to cancel or make a major change to your holiday after the final payment due date (always providing that the balance has been paid) and it is more than 14 days before the intended date of departure, compensation of £30 per person will be paid to the client or £50 per person in total within 14 days of your intended departure date.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing the carriers to be used or likely to be used in the Airline Information pages. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change.
*Circumstances amounting to 'force majeure' include any event that we or the supplier of the services in question could not, even with all due care, foresee or avoid such as war or threat of war, civil strife, riot, terrorist activity, industrial dispute, natural or nuclear disaster, Acts of God, fire, sickness, bad weather conditions, the acts of any Government or public authority and all similar events which are beyond our control. It is regretted that if we have to cancel or change your travel arrangements in any way because of circumstances listed above, we will not pay you compensation. Please note that we are reliant on information provided by the Foreign Office.

11. RESPONSIBILITIES OF THE COMPANY AND THE CLIENT
If the contract we have with you is not performed, or is improperly performed by us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or 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 that we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a
maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies which provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) Any relevant International convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limits the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the International conventions, from our offices at The Eden Collection, 7 Mollington Grange, Chester, CH1 6NP.
Any passports, visas, health certificates, International Driving Licences and other
immigration requirements and travel documents required for the holiday must be obtained by the client, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by the client or by the Company on the client's behalf) as a result of failure to comply with such requirements. You should confirm passport, visa and immigration requirements with the relevant embassies and/or consulates. You are responsible to arrive at stated departure times and places. We do not accept any responsibility if you cannot travel, nor for any loss or damage which you may suffer as a result, because you have not complied with any passport, visa or immigration
requirements, or arrived at stated departure times and places.
The Foreign & Commonwealth Advice Unit may have issued information about your
holiday destination. You are advised to check this information on the Internet under the address www.fco.gov.uk.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in Section 10. If any payments are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.

12. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS (Packages only)
Excursions or other tours that you may choose to book or pay for whilst you are on
holiday are not part of your package holiday provided by us. If any member of the party suffers death, illness or injury whilst overseas, arising out of an activity that does not form part of your package travel arrangements, or an excursion arranged through us, we shall at our discretion offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to us. We limit the cost of our assistance to you or any member of your party to £4,000.

13. CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You can request copies of the relevant conditions of carriage from our offices. This brochure is our responsibility, as your travel company. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
The responsibility of the Transatlantic and Domestic IATA Airlines, in connection with the holidays in the brochure, is limited to the carriage of the participating airline. Scheduled airlines' prices are based on fares current at the time of print. All airlines are subject to operational delays, change of aircraft and routing, over which we have no control. In the unlikely event that this does happen, arrangements for meals, overnight accommodation, etc. should be met by your airline. Conditions of carriage are available on request.
NB: In accordance with Air Navigation Orders, in order to qualify for infant status, a
child must be under 2 years of age on the date of his/her return flight.

14. WEBSITE DESCRIPTION, FREE OFFERS AND SINGLE SUPPLEMENTS
All information concerning the hotels, villas and resorts used by the Company is
continually checked to ensure that it is correct at the time of advertising. Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the holiday arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovation etc.
If you are a single traveller, or your party consists of a number less than the
accommodation sleeps, a supplement will be levied. This is because our contract is based on a price per room/villa/chalet, whilst our holidays are sold on a per person basis, including flights and other elements. Some hotels do offer rooms that only sleep one person and, in this instance, there will normally be a supplement.

15. COMPLAINTS

Should you have a problem or any cause for complaint during your holiday, you must immediately inform the relevant supplier (e.g. your hotelier, chalet management company, airline) and our resort representative (where applicable) who will endeavour to rectify the problem while you are on holiday. If your problem or complaint remains unresolved, please telephone us on 01244 567 000 reversing the costs of the call, or call the emergency contact numbers as detailed in your itinerary. In the unlikely event that matters cannot be resolved to your satisfaction in the resort, please follow this up within 28 days of your return by writing to our Client Services Department at The Eden Collection, 7 Mollington Grange, Chester, CH1 6NP, giving your booking reference/details of your
booking and all other relevant information.
It is strongly recommended that you communicate any problem or complaint to the supplier of the services in question as well as to our representative (where applicable) without delay and complete a report form whilst in resort.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your problem or complaint whilst you were in resort and this may affect your rights under this contract.