Any reference to the company contained herein refers to Just America Ltd. The conditions are set out in order to define the responsibilities of the company as a tour operator and you, the customer. This contract is made on the terms of these booking conditions which are governed by the Courts of the United Kingdom and both the company and the customer agree to submit to the jurisdiction of the UK Courts at all times.
When the customer makes a booking he/she guarantees that they have the authority to accept and do accept, on behalf of all persons travelling, the terms of these booking conditions. That person shall sign the Customer Declaration and shall be deemed to act as agent for all persons shown thereon and that signature, regardless of whether the signatory is travelling, shall bind all members of the party jointly and severally to the booking conditions.
Just America Ltd is bonded with the Civil Aviation Authority and holds an Air Travel Organiser’s Licence (ATOL number 3013) which provides full security of monies paid over by the customer for holidays involving scheduled service transatlantic air travel, and for the repatriation of our customers in the unlikely event of the company’s insolvency. For travel arrangements which do not involve air travel, Just America’s bond with ABTA protects the monies paid in respect of the travel arrangements offered in this e-brochure, and to cater, where necessary for a refund of such monies and/or your repatriation to the UK in the unlikely event of the financial failure of Just America Limited.
Just America is a member of ABTA membership number V0781. As members of ABTA we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at www.abta.com
The holidays in this online brochure are valid from 01 January to 31 December 2017.
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.
2. DEPOSIT/PAYMENT/CONFIRMATION: The company requires that you submit a signed and completed Just America Customer Declaration within 7 days of receiving confirmation of your holiday from Just America. A deposit of £150.00 per person, will be required at the time of booking the holiday. Some coach/rail and air operators require an additional separate deposit to be collected; details will be advised at the time of booking. Date of birth, gender, names of each passenger, including middle names – as per passport – must be provided to Just America at the time of booking. This information will be provided to airlines as required as part of the Secure Flight Information.
The balance of the total holiday cost becomes due eight weeks prior to the departure date and therefore any holidays booked within eight weeks of departure date will require full payment at the time of booking.
Once the company has made the necessary reservations a Booking Confirmation will be issued and a contract will exist at that time. Upon receipt of a Booking Confirmation the customer will be required to complete, sign and return a Just America Customer Declaration to the company within 7 days. The purpose of the Customer Declaration is to confirm that the travel arrangements indicated on the Booking Confirmation are correct and that the customer has read the Just America booking conditions and relevant car/motorhome rental conditions. Failure to return the Customer Declaration within 7 days will be deemed as notice to cancel and the company will cancel the holiday and cancellation charges will be levied (see AMENDMENT OR CANCELLATION OF THE HOLIDAY BY THE CUSTOMER below).
3. PRICES: Prices in this brochure are based on airfares prevailing on 09 October 2016 and upon exchange rates as quoted in the World Currency Table of the Financial Times on 09 October 2016 in relation to the US and Canadian Dollar. As airfares and currency exchange rates fluctuate throughout the year, the prices quoted in our brochure may be subject to change. We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. At the time of booking your holiday we will quote the latest price based on prevailing airfares and exchange rates.
4. SURCHARGES: Changes in transportation costs, including the cost of fuel, dues, duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport, 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 and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that plus an administration charge of £1.00 per person. If this means the customer paying more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more, but if it is of a lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any premium paid for insurance, and any amendment charges. If the customer chooses to exercise this right they must inform the company in writing within fourteen days of the date printed on the Balance Invoice. Should the price of the 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. However, please note that the travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
5. AMENDMENT OR CANCELLATION OF THE HOLIDAY BY THE CUSTOMER: If the customer decides to amend or cancel any details of the holiday after it has been confirmed by the company, they must do so in writing and this should be signed by the person who signed the Customer Declaration. As we incur costs and charges from the time we confirm the holiday and we may be unable to re-sell your holiday, we will pass on any costs incurred in making the amendment or cancellation.
Amendments: Provided the company is advised in writing at least eight weeks prior to departure, the company will endeavour to make the changes and limit the administration fee to £25.00 per booking, plus the cost of the new service, upgrade or alteration.
Cancellations: Changes to flight dates and flight routing are usually defined as cancellation by the airlines, but whenever possible the company will endeavour to make changes and limit the administration fee to £25.00 per booking plus the cost of the new fare/weekend supplement. When a date/routing change is defined as a cancellation by the airline the appropriate cancellation charges will apply (see below). Airlines do not allow name changes with the type of airfares we use to construct your holiday and name changes would result in a 100% cancellation fee and booking the new passenger at the best available fare. It is extremely important that the person making the reservations advises the company of the correct names and spellings as they appear on each passport. Any change of name will be considered as a cancellation and the cancellation charges below will apply. The passenger names will be entered into the reservation in the order in which the company receives them at the time of booking and the first named person will become the lead name for all hotel, car, motorhome or tour reservations and cannot be changed. It is not possible to substitute passengers.
If you choose to cancel the holiday for reasons other than those described in section 4, then the following scale of cancellation charges will be payable by the customer. 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 amendment fees and insurance premiums. Insurance premiums and amendment fees are not refundable in the event of the person(s) to whom they apply cancelling.
|Period before departure within which written notification is received by the company.||Cancellation charge per person*|
|Up to 56 days prior to departure||– Loss of deposit.|
|55 – 42 days prior to departure||– 40% of the holiday cost.|
|41 – 35 days prior to departure||– 75% of the holiday cost.|
|Within 34 days prior to departure||– 100% of the holiday cost.|
* Important Note: Just America acts as agent for Tauck, APT International Touring, Cruise America, Amtrak, Rocky Mountaineer, VIA Rail and others. All of these companies impose amendment/cancellation charges if the customer makes changes and cancellations. If customers are booking holidays using these and other companies booked through Just America; we will advise the customer of the relevant booking conditions prior to booking the holiday. The cancellation charges of these companies will apply for the portion of the holiday booked through that company and the Just America cancellation charges will apply for the remaining holiday arrangements.
Special offer holidays and airfares: Certain airlines offer special transatlantic and internal North American airfares with strict rules about ticketing, changes and cancellations. Often these airfares require instant ticketing once the reservation is made and the tickets are non-refundable and non-changeable. If these fares, or holidays including these fares, are offered to the customer, the customer will be advised of the airfare/holiday conditions. In the case of instant purchase tickets sold over the telephone or Internet the company will endeavour to fax or email the conditions to the customer prior to confirming the holiday. If you have requested to have your transatlantic flights ticketed early (more than 34 days prior to departure) to facilitate the preassignment of seats on the aircraft, the tickets are non-refundable in the event of cancellation.
6. CHANGES TO THE HOLIDAY ARRANGEMENTS BY THE CUSTOMER DURING THE HOLIDAY: The company shall not be liable for any alteration of holiday arrangements undertaken by the customer during the holiday without its express consent, which at all times should be issued in writing. The customer’s failure to comply with this shall absolve the company of liability concerning any resultant additional costs, cancellation charges or the reimbursement of any unused accommodation, car rental, train or motorhome costs. In all cases the company is only able to issue a refund for unused services should such a refund be forthcoming from the supplier to the company and an administration fee of £25.00 per booking will be applied.
7. CHANGES BY THE COMPANY: It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes 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. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, 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. If we are unable to provide the booked travel arrangements, you can either have a full refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Period within which a major alteration is notified in writing. Compensation is per adult
Up to 56 days
In accordance with EU regulations we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. The airline/s operating your flights will be shown on your Booking Confirmation. Any change 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. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes in aircraft type, change of accommodation to another of the same standard. Factors involving flight routings, including en route stops, changes in smoking or non-smoking service, aircraft seat assignments, change of arrival airport when a destination has more than one airport are not generally known in time and would not be classed as a major change. However, changes which would be classed as major include, but are not limited to, changes in your UK departure airport, resort area, time of departure or return by more than 12 hours and accommodation at a lower standard than originally confirmed. Under no circumstances will the company pay compensation for any alteration, which is as a result of changes as outlined in Section 8(d) – THE COMPANY’S LIABILITY – Force Majeure
8. CANCELLATION BY THE COMPANY: The company reserves the right in any circumstances to cancel your holiday, and in this event the company will refund to the customer all monies paid to the company, or allow the customer to purchase an alternative holiday of similar standard if available. Only in exceptional circumstances will the holiday be cancelled within 56 days of departure and compensation, as per section 7, will be paid unless the reason for cancelling is due to Force Majeure (see Section 9 (d), or if the customer fails to pay the final balance by the due date, or to provide a completed Customer Declaration, or fails to provide Secure Flight Information or APIS – see section 16.
9. OUR LIABILITY TO YOU: If the contract we have with you is not performed or is improperly performed by us and 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 and event which we or our suppliers, even with all due care, could not foresee or forestall. No components included in our holidays are directly operated by us. We do not have contractual arrangements with our suppliers to make them liable for their activities. There is no overseas booking office.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times 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 that provide the transportation of 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 able to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Copies of the transport companies’ contractual terms, or the international conventions are available from our office on request. 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 clause 6. If any payments to you 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 User’s Council on 020 7240 6061 www.caa.co.uk/travel-problems
(c) Force Majeure. The company accepts no responsibility for, and shall not in any way be liable in respect of loss, injury, illness, or damages or changes caused by Force Majeure events including but not limited to strikes, riots, political unrest, hostilities, war, or threat thereof, terrorist activity, epidemic, quarantine or medical regulations, industrial disputes, fire, flood, earthquake, adverse weather, aircraft grounding, closure of airport, train station, port or similar events beyond the company’s control.
(d) The company will not be responsible if the customer, or any member of the party is prevented from travelling on an aircraft, train, motorcoach or vessel, by any person in authority at the airport, port or boarding point because the customer or any member of the party appears in any way unfit or is likely to cause disturbance, discomfort or danger to other travellers. In such an instance, the company’s liability shall cease immediately, full cancellation charges will apply and no compensation payments whatsoever will be made.
(e) 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 you such prompt assistance as is reasonable in the circumstances.
10. TRAVEL INSURANCE: It is a condition of booking with the company that the customer has adequate travel insurance to cover all members of the party for medical, cancellation, curtailment, loss of baggage, personal liability etc. We also recommend that your travel insurance cover should include travel delay and associated expenses caused by natural events such as volcanic eruptions, earthquakes etc. You will be required to supply proof that you have purchased an adequate travel insurance. Please note: Insurance companies may require a health screening report before accepting the application for insurance. Please make sure that all members of the party are eligible for insurance cover BEFORE committing to the holiday.
11. ONLINE BROCHURE ACCURACY: All conditions, accommodation descriptions, tour itineraries, vehicle conditions and descriptions and flight details are correct at the time of going to print. Certain alterations may occur during the validity of the online brochure and the company shall notify the customer immediately (see section 7). In particular the customer should note that the applicable Conditions of Carriage of the airline or airlines onto which the customer is booked will apply (copies available from Just America upon request). All airlines reserve the right to change flight timing or reroute their flights and to impose no smoking or smoking rules. Likewise, certain facilities offered at the hotels featured in this brochure might be unavailable at given times of the year (e.g. swimming pool closed for cleaning, restaurant undergoing refurbishment). In such instances, the company’s liability shall be limited to advising you wherever possible of any changes and to offer every assistance to ensure that your travel plans are not inconvenienced or disrupted.
12. COMPLAINTS AND DISPUTES: In spite of the many months of planning, it is recognised that occasionally problems do occur. Should the customer have a justifiable complaint whist on holiday they should contact the hotel manager, airline official, tour escort or appropriate official with responsibility for the element of the holiday which is causing concern. In most cases remedial action can be taken on the spot and the problem solved with a minimum of disruption. In the unlikely event that the problem is not solved quickly, or it is not to the satisfaction or the customer, the customer should telephone the company (reversing the charges if necessary) and the company will intervene to resolve the problem. FAILURE TO CONTACT THE COMPANY MAY JEOPARDISE YOUR CLAIM FOR COMPENSATION. In the event that you have a problem during your holiday it is vital that you provide us with contact details, a mobile number, hotel telephone number, room number, email etc., so that we can contact you. If you don’t provide us with these details and fail to maintain contact with Just America, it may jeopodise any claim for compensation. In the unlikely event that your complaint is not resolved on the spot, you should write to the company WITHIN 28 DAYS OF YOUR RETURN detailing the grievances. Disputes arising out of, or in connection with this contract which cannot be settled amicably, may, if the customer decides, be referred to arbitration if the customer so wishes, under a special scheme arranged by ABTA, 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 Customer Declaration. 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 twelve 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.
13. TAILOR-MADE HOLIDAYS: Please note that all arrangements booked and confirmed by the company which are made independently of those detailed in the online brochure website also require a completed, signed Customer Declaration and shall be governed by these booking conditions.
14. AIRLINES, AIRCRAFT TYPE AND SEAT ASSIGNMENTS: The airlines, which the company uses for each holiday, are listed separately and the ground arrangements added to them to construct a package. Where flights are already pre-packaged the airline is identified in the relevant price panel. The Receipt or Balance Invoice will detail the airline, the departure/arrival airports, flight numbers, flight times and routing. The aircraft type will be advised upon request at the time of booking, however all airlines reserve the right to substitute aircraft at any time and without reference to the company or the customers, and therefore the company cannot guarantee any particular aircraft type. Most airlines allow seat preassignment and the company will endeavour to fulfill the requests of customers, however seat preassignments are requests and cannot be guaranteed and thus cannot be considered as part of the holiday contract. This is also true for specific meal requests and wheelchair assistance.
15. SPECIAL REQUESTS: Just America will be pleased to advise hotels, airlines and coach operators of customer’s special requests, e.g. seat assignments, rollaway beds, non-smoking rooms, rooms with one or two beds, rooms on a certain floor etc., but these are considered as requests and cannot be guaranteed. Special requests are not considered part of the holiday contract unless specifically indicated, and should be requested at the time of booking.
16. PASSPORT, VISA AND VACCINATION REQUIREMENTS: It is a requirement for entry into the United States and Canada that all persons – including children – hold a valid passport. See PASSPORTS & IMMIGRATION (in the Vital Information menu).
ESTA: It is a requirement for all visitors to the United States to complete the ‘Electronic System for Travel Authorisation’ (ESTA). This must be done as soon as possible. Full details can be found at www.esta.cbp.dhs.gov Just America cannot be held responsible for any failure of the customer to complete the ESTA and we encourage all customers planning to visit the US to check their eligibility and complete the ESTA at the earliest opportunity. Currently a charge of $14.00 per person will be imposed for each ESTA application. Airlines may cancel a reservation without notice if the ESTA has not been completed at least 72 hours prior to departure of the first flight to the United States. From 21 January 2016 most people who have travelled to Iran, Iraq, Sudan, or Syria since March 2011, or are dual nationals of these countries, will no longer qualify for entry under the Visa Waiver Programme (VWP) and existing ESTAs could be revoked. You will instead need to apply for a visa from the nearest US Embassy or Consulate. If in doubt please contact the nearest US Embassy or Consulate. Also, from 1 April 2016, all travellers wishing to enter the US under the VWP will need to hold a passport with an integrated chip (an ePassport).
The U.S. Authorities have made changes to their entry requirements which will affect any dual nationality customer who has a passport issued by a country which is eligible under the U.S. visa Waiver Programme AND a passport issued by Iran, Iraq, Sudan and Syria. These customers with dual nationality will no longer be able to enter the U.S. using an ESTA under the Visa Waiver Programme. In addition any customer who has an ESTA and that has visited Iran, Iraq, Sudan or Syria since March 1, 2011 should also expect not to be able to use the Visa Waiver Programme. These customers will require a U.S. visa for future travel to the United States, and should contact their local US Embassy.
SECURE FLIGHT: Passengers travelling to the USA are required to provide Secure Flight Passenger Data to Just America at the time of making the reservation – names as per passport, gender and date of birth of each passenger.
ADVANCE PASSENGER INFORMATION SYSTEM (APIS) For passengers travelling to the USA. Failure to complete APIS at least 72 hours prior to departure of the first flight may result in the airline reservation being cancelled automatically by the airline- passengers must enter their APIS by going to the airline’s website and accessing their reservation. APIS requires date of birth, gender, passport details, nationality and full name – as per passport – of each passenger.
Electronic Travel Authorisation (eTA) Canada has introduced a new entry requirement, known as an eTA, for visa-exempt foreign nationals travelling to Canada by air. Exceptions include U.S. citizens and travellers with a valid visa. Entry requirements for other methods of travel (land, sea) have not changed. For full details go to http://www.cic.gc.ca/english/visit/eta.asp?utm_source=slash-eta&utm_medium=short-url&utm_campaign=eta The eTA costs CA$7.00 and is valid for five years or until the passport expires.
Just America will cannot be held responsible in the event of a reservation being cancelled by an airline due to passengers non completion of ESTA, Secure Flight or Advance Passenger Information.
17. IMPORTANT NOTE: If the customer has already paid the deposits or full payment prior to receiving the booking conditions, and after reading the booking conditions decides not to continue with the holiday, the customer has the right to cancel the holiday within seven days of the issue date of the Receipt and all monies will be refunded. This offer does not apply in the case of special airfares and elements of the holiday, which are subject to the conditions of another company, and late bookings made within 30 days of departure where every attempt will be made to provide the booking conditions prior to the customer making the booking.
18. CREDIT & DEBIT CARD PAYMENTS: If you choose to make payments by credit or debit card (Visa, Mastercard, etc.) then we reserve the right to pass on an Administration Fee of 2% plus VAT. From 13 January 2018 we will no longer accept credit or debit cards for payment of balances and only deposit payments to a maximum of £600.00 will be accepted. Payments of over £600.00 will only be accepted by bank transfer. There is no charge for bank transfer payments.
Data Protection Statement: Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. This information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for 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 EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons). Full details of our data protection policy are available on request.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain high standards of service to you by ABTA’s Code of Conduct.