Terms - Luxury Holidays from SeyExclusive.com

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Terms

Booking Terms & Conditions

We want you to have a most enjoyable holiday. It is therefore imperative that you read this information. This forms the basis of your contract with us and when you make a booking you guarantee that you have the authority to accept, and do accept, on behalf of all your party the terms shown here. A contract will only exist between us when we issue you our formal confirmation. Your contract is with Seyexclusive Limited a company registered in England. Company Number: 06678926. Registered Office is 5 Marriner Crescent, Lincoln, LN2 1BB.

Your Holiday

Our website has a wealth of information to help you choose the right holiday and the information on this page should assist in your final decision, your expectations and explain your commitment to us and us to you. There is, however, no substitute for the spoken word and our team is on hand to provide all the information you need. To avoid any possible misunderstanding you are recommended to seek confirmation in writing of any additional information provided.

1.1 Hotels

Choosing the right hotel can make or break your holiday. The hotels featured on our website are what we consider to be the best available in their category or have a certain character that we believe would appeal to our discerning clients. Most destinations do not have an official classification system so the classification shown on our website is our own opinion. The nightly prices shown are purely a guide to allow you to make an informed choice within your ideal budget. Unless otherwise stated they are based on 2 persons sharing a double/twin room and are generally for low season departures. Higher prices will be applicable to high and peak seasons plus in some cases, a minimum length of stay. The actual price of your chosen holiday will depend on your departure date and will be advised at the time of booking. If you have any doubts whatsoever please discuss the hotels with us.

1.2 Hotel Facilities

Our hotel descriptions may include sports and entertainment facilities. These are shown in good faith as being available but their provision may be limited or they may not be available from time to time. Please note that where a hotel offers free water or other sports a deposit for equipment and a charge for instruction may be requested. Some outdoor activities such as beach services and water sports may be subject to weather conditions and sufficient support. The use of some facilities listed may incur a charge, payable locally. If you are unsure please check with us. If air-conditioning is provided the operation of this is at the discretion of hotel management and may be subject to energy saving regulations. Please also note that supplies of electricity and water can be erratic. Many resort hotels have open sided restaurants which attract local bird life particularly at breakfast time. In any developing resort or destination, building works must be expected and often start without prior warning. Hotels also have to be maintained and refurbished and swimming pools cleaned but the manager will try to ensure a minimum of inconvenience to guests.

1.3 Accommodation

Accommodation will vary in style from one hotel to another, even within the same category. In some cases it can be minimalistic, in others ultra luxurious. The types of room e.g. superior or deluxe are the hotel’s own category and should be read in the context of the hotel description. We are willing to request the hotel to place an extra bed in a twin room and a reduction may be offered. It must be understood, however, that floor and drawer space may be cramped. Beds for children may not be full single size and can often be ‘rollaway’ style. When we describe a room as having sea view this means you will have some view of the sea. The room may not face the sea and the view may be at an angle. Views may also be obscured by garden foliage. Please note that although we may describe the hotel as on the sea front or overlooking the sea it does not always follow that rooms have sea view. It should be noted that you may find your room has some uninvited guests such as the friendly little lizard, ants or even cockroaches. This should not be seen as a sign of dirtiness but a fact of life in the tropics.

1.4 Meals & Service

It should be recognized that you may not always receive the same standards in your chosen destination as you might find say in Europe. In a number of areas particularly island destinations much of the food has to be imported and meals will vary depending on the style of hotel. Food is, however, a matter of personal taste and preference. Many hotels adopt a buffet style service for meals. Breakfast is quite often full English style but in smaller hotels Continental style may only be available. Where we offer half board, full board or all inclusive arrangements the meals are on a table d’hote (fixed menu) basis and often only served in the hotels main restaurant. A supplement is usually required for a la carte meals and dining in speciality restaurants and in some cases the hotel will not allow any credit for the table dhoti meal not taken. We advise you to check with the hotel before dining. It is not usually possible to substitute lunch for dinner when booking half board. Holidays which include main meals generally commence with dinner on the day of arrival at your hotel and terminate with breakfast (on half board) or lunch (on full board) on the day of departure. All Inclusive packages generally finish at check-out time on your day of departure between 10 am and noon. After this time, payment for any additional meals must be made direct to the hotel. Please note that no refund can be given for meals not taken. With few exceptions most faraway destinations have a rather relaxed attitude to service. It can be frustratingly slow at times but remember you are in the tropics. A friendly approach on your part is likely to achieve the best results.

1.5 Check-in/Check-out

All hotels operate the standard international practice with regard to check- in and check-out times. Check-in is usually between 1400 and 1600 and check-out between 1000 and 1200. This means you may have to wait some time after an early arrival for your room to be made up and vacate your room perhaps hours before your departure. Often hotels arrange for one room to be allocated to departing guests for changing etc. It may also be possible to retain your room until departure on payment of an extra charge. Obviously both depend on whether rooms are required for arriving guests. Guaranteeing you room for an early arrival or late departure will involve paying for an extra night.

2.1 Air Travel

All of our flight inclusive arrangements are based on normal scheduled services. The timings and days of operation will be as advised to us at the time of booking your holiday. Any significant changes thereafter will be advised to you as soon as possible. Minor changes will be shown in your final travel documents. Given the distances travelled it is sometimes necessary to make stops en route for refuelling or to pick up joining passengers. Owing to security regulations it is not always possible to use this opportunity to leave the aircraft. The actual stops en route will be shown in your final itinerary. If you require details beforehand please ask us. It should be noted that all passengers travel under the conditions of carriage of the airline concerned as printed on their ticket. NB: Owing to changes in pressure, it is dangerous to fly less than 48 hours after scuba diving.

2.2 Seat Allocation

As seats on many international flights are allocated on check in, you are strongly advised to arrive early to secure the seats of your choice. Some airlines are willing to reserve seats in advance, and we will pass on your request. We cannot, however, guarantee the airline will be able to meet your requirements. All airlines have adopted a non smoking policy.

2.3 Luggage Allowance

The combined weight of hand luggage and that to be checked in should not exceed 20kgs or 23kgs depending on the airline. On some overseas domestic flights the luggage allowance may be less. Details will be sent with your travel documents. Clients travelling in business or first class will be entitled to a luggage allowance of 30kgs or 40kgs respectively.

2.4 Flight Delays

In the event of a delay the individual airline policy will apply. Please note if there is a long delay, hotels do not offer refunds as the accommodation is still held for a late arrival and not re-sold. Your travel insurance may offer some compensation for certain delays.

3.1 Website Description

We pride ourselves at Seyexclusive in having inspected all of our hotels listed and every effort has been made to convey the details, descriptions and price accurately. However, changes do occur and therefore we will advise you at the time of your booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible to control all elements of the holiday where advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency, repair works, etc.

4.1 Immigration Requirements

Please ensure you hold a full passport and that it is valid for at least 6 months after your return date. The costs of passports and visas are not included in the holiday price. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel; because you have not complied with passport, visa or immigration requirements.

5.1 Vaccinations & Health

For full details of required or recommended vaccinations for your chosen destination visit the Department of Health website www.fitfortravel.nhs.uk. We also recommend that you check with your own doctor as to which inoculations are considered necessary and available for specific areas. Seyexclusive cannot be held liable for the failure of clients to comply with the health requirements of countries they intend to visit. Even by following recommended precautions some of our clients may still be susceptible to stomach infections. Whilst we are sorry if this should detract from your holiday enjoyment, we obviously cannot accept any liability in this matter. Airlines require that any women more than 28 weeks pregnant at the time of return travel should produce medical evidence of their fitness to travel.

6.1 Safety

You are, of course, responsible for your own safety and you should make allowances for the fact that you may be visiting less developed countries. In general your own common sense must prevail. Do not make a show of wealth and avoid walking around towns or cities at night or too far from civilisation even during the daytime. Please remember in the tropics the sun can be deceptively strong and those inviting crystal clear waters may conceal strong undercurrents, sharp coral or sea urchins and the like. Take every precaution and take heed of local warnings. The Foreign & Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information by visiting the 'know before you go' section of the website www.fco.gov.uk.

7.1 Booking & Payment

All holidays are subject to availability at the time of booking. To request your holiday reservation we require a deposit of £200 per person. Certain holidays require a higher deposit which will be advised at the time of booking. Deposits are not required for infants under 2 years on the date of return travel. If you are booking within 61 days of departure, full payment is required. If for any reason we are unable to confirm your holiday at this stage any monies paid to us will be refunded to you without undue delay. The balance due as shown on your invoice must be paid to us no later than 61 days before your departure. If you fail to pay the balance by the due date we reserve the right to treat the booking as cancelled and levy appropriate cancellation charges as detailed in clause 13.1. Deposits and final payments can be made by card, bank transfer or by cheque with the following surcharges: Credit Card 2%, American Express 3%, UK Debit Card 1%, Cheques and UK Bank Transfers 0%. For all bank transfers outside the UK, the payer must cover all handling fees. If you book through an authorised travel agent, please note that all monies paid to your travel agent are held by that travel agent on our behalf.

8.1 Price Guarantee

All prices quoted at the time of booking are based on known costs and currency exchange rates shown in the Financial Times on that day. Changes in transportation costs including fuel; dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb an amount equivalent to 2% of your holiday price (excluding amendment fees) before passing on any surcharge to you. If this means you have to pay an increase more than 10% of the price of your travel arrangements, you will have the option of cancelling and receiving a full refund of all monies paid. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. It should be noted, however, that most travel arrangements are purchased in £ Sterling, US Dollars or Euro and not in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. Alternatively, you may wish to pay for your holiday in full at the time of booking in which case your holiday price is guaranteed. No surcharges will be applied and no refunds will be applicable.

9.1 Your Financial Protection

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.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). 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 your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

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 re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

Our ATOL Number is 9318.

For further information visit the ATOL website at: www.atol.org.uk. If you book arrangements without flights from us, we recommend you pay by credit card to ensure your monies are protected by the card provider.

10.1 Insurance

It is essential that you and all members of your party have adequate travel insurance. Seyexclusive does not provide insurance but this can be purchased through our recommended insurers JS Insurance, your travel agent, post office, credit card company or other insurers. In general your policy should cover personal accident, death, medical and repatriation expenses, loss of valuables and baggage, cancellation or curtailment, missed departure, delay and legal expenses. Should you or any member of your party decide not to take out travel insurance we cannot accept any responsibility for any costs that arise which would otherwise have been met if insurance cover had been taken out.

11.1 Alterations by you

If you request a change in the dates or content of your itinerary after we have confirmed your booking, we will do our best to meet your revised requirements. We do, however, reserve the right to charge an amendment fee of 2% of the holiday price plus any appropriate additional holiday cost. It should be noted that it is not always possible to change names on flights or accommodation Any requests received within 61 days of departure may be treated as a cancellation and re-booking and thus subject to the cancellation charges shown in clause 13.1.

11.2 Alterations by us

Your holiday arrangements may have been made many months in advance and changes can, therefore, occur for a variety of reasons. Many of these changes are very minor in nature and should not affect the overall enjoyment of your holiday. Where they are more significant we will do our best to advise you or your travel agent prior to your departure. 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, on our Confirmation Invoice. 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. Sometimes a major alteration has to be made before your departure. We will give you the options of either a) accepting the revised arrangements, b) transferring to such other holidays as we may have available at its advertised price, or c) cancelling your holiday with a full refund of all monies paid. Compensation will be payable on the scale shown below in accordance with the option you decide to take, unless the change arises as a result of events beyond our control (see clause 12.1 Important Note below) . A major change is considered to be: a significant change of resort, a change of accommodation to that of a lower category and or price; change of airport other than Heathrow or Gatwick that causes great inconvenience; change of your departure or return by more than 12 hours.

Compensation per person: No of Days Notification Before Departure:

  • More than 42 days £10
  • 29 to 42 days £20
  • 15 to 28 days £25
  • 1 to 14 days £30

12.1 Important Note

Compensation and refund payments will not be made for changes caused by reason of war, threat of war, riots, civil strife, terrorist activity, strikes or other industrial disruption, natural or nuclear disasters, fire, quarantine, epidemics, weather conditions, government action at home or abroad, unavoidable technical problems with transportation, airport or port closures, or any similar event beyond our control which neither we nor our suppliers could not expect or avoid even with all due care.

13.1 Cancellation by you

Should you or any member of your party wish to cancel your booking at any time please notify us immediately. If we have already issued a Confirmation of Booking it is essential that you indicate your intention to cancel in writing to either your travel agent or ourselves. This instruction to cancel must be signed by the person who made the original booking. We will not effect the cancellation until such written advice is received. As we will incur costs in cancelling your holiday you will have to pay the applicable cancellation charges up to the maximum shown in the table below. These are calculated as a percentage of the total holiday cost of the person or persons making the cancellation.

Cancellation charges: No. of Days Notification Before Departure:

  • Over 60 days Loss of deposit
  • 60 to 42 days 45%
  • 41 to 28 days 60%
  • 27 to 8 days 90%
  • 7 days or less 100%

If the reason for cancelling is covered under the terms of your insurance policy you may be able to reclaim these charges.

13.2 Cancellation by us

We reserve the right in any circumstances to cancel your holiday and in such an event we shall seek to offer a suitable alternative or a full refund of monies paid to us. Except for events beyond our control (see clause 12.1 Important Note above) or if you default on payment we will not cancel any booking within 61 days of the scheduled departure date.

13.3 Holiday Curtailment

Should you decide to cut short your holiday and return home early and have no reasonable cause for complaint about the standard of accommodation and services provided, we will be unable to refund any part of your holiday not completed, or assist with any associated costs you may incur. Your travel insurance may, however, offer cover for holiday curtailment depending on the circumstances.

14.1 Change to hotel accommodation

We do not control the day to day management of your accommodation, and on very rare occasions we may be advised that the reserved accommodation has been overbooked. If this occurs before your departure we will give you the options as outlined in clause 11.2. If the overbooking occurs on arrival in resort we will endeavour to provide accommodation of at least the same standard. If only accommodation of a lower standard is available we will refund the difference in the price between the accommodation booked and that available, and will pay up to £50 per person compensation for any inconvenience.

15.1 Complaints

In the unlikely event that you have a complaint whilst on holiday this must be brought to the attention of our local representative/agent and the hotel management as soon as possible. It is likely your complaint will be resolved there and then to your satisfaction. If you fail to take action whilst on holiday we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this contract. If however your complaint cannot be resolved during your holiday and you wish to pursue the matter on your return it is essential that you put your complaint in writing to us within 28 days of your return quoting your holiday reference, departure date and destination.

Normally complaints will be resolved amicably. However, if we are unable to reach an acceptable solution you may if you wish refer the dispute to arbitration under a special Scheme administered by IDRS part of the Chartered Institute of Arbitrators. Details are available on request. The Scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person or £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 IDRS within 9 months of the return date from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree. For injury and illness claims, you may like to use the Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request.

16.1 Our liability to you

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 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 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 the affected person’s 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 that 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 limit 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.

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 published 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 these conditions. If any payments to you are due from us, any payment from 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 020 7240 6061 www.auc.org.uk.

16.2 Prompt assistance in resort

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures 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 we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer such prompt assistance as is reasonable in the circumstances.

16.3 Excursions

Excursions or other tours that you may choose to book or pay for whilst on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

17.1 Data protection policy

In order for us to process your holiday booking, the information you give us for you and your party such as name, address, any special needs/dietary requirements etc. will need to be passed to the relevant suppliers of your travel arrangements including 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. It should be noted that destinations outside the UK and EEA may not have data protection as strong as the legal requirements in this country. We will not, however, pass any information onto any person who is 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, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the UK or overseas, we cannot provide your booking. In making this booking, you consent to this information being passed onto the relevant persons. We will hold your information, where collected by us, and may use it to inform you of offers or holidays in the future. If you do not wish to receive such approaches in the future please notify us. You are entitled to a copy of your information held by us. If you would like to see this please contact us. We may make a small charge for providing this to you.

18.1 Contract

Our contract with you shall be deemed to have been made at the offices of:

Seyexclusive Ltd: 5 Marriner Crescent, Lincoln, LN2 1BB.

And shall be governed by English Law and the exclusive jurisdiction of the English Courts.

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