These Booking Conditions forms the basis of your contract with Premier Mauritius Holidays Limited (hereinafter referred as PMH). The terms outlined below have the following meanings:

“Holidays ” means package holidays and accommodation as featured on PMH website and published materials, and associated services featured on our web site (e.g. airport transfers, car hire, excursions etc).

“Booking” means your contractual obligations to the Holiday as defined above and this would also include car hire and excursion only bookings.

The expression "Holiday" in these conditions shall (where the context permits) include the holiday or holidays.

“Travel Agent” means the Agent with whom you have booked your Holiday.

“Tours” includes but are not restricted to, any sightseeing trips, sporting trips or leisure activities or other tours.

“Major Change” includes change of airport other than Heathrow, Gatwick, Stansted and Luton; change of time of departure or return by more than 12 hours; change of resort; change of accommodation to a lower category.

“Force Majeure” Force Majeure or events beyond the control of PMH include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, closed or congested airports or ports, flight delays or cancellations, hurricanes and other actual or potential severe weather conditions, significant building work in progress at the site of the client’s accommodation of which PMH was unaware prior to your departure date and any other reasonably unforeseeable and/or unexpected circumstances arising independently of the will of PMH.

The person who makes the booking and thus signs on behalf of all the members of the party is known as the “lead-name”. She/he will be responsible for all payments associated with the booking. This would be the total price inclusive of any costs incurred with subsequent amendments / cancellation to the booking.

The person who is the “lead-name” must be over the age of 18.

You are advised to read these conditions carefully as they constitute the entire agreement between you and PMH; they supersede any previous agreement or understanding and may not be varied except in writing between the parties.

If any of the terms and conditions is not acceptable to you, you should not proceed with the booking. Once you have agreed to proceed with the booking either electronically via the website, over the telephone with our reservation staff or in writing, you accept to be bound by the terms and conditions set out herein which you are deemed to have understood and accepted after having full knowledge of them.

All the Holidays provided by PMH are subject to these conditions.

You shall provide PMH or its agent and/or representative with all necessary details and relevant information relating to this booking. This must be done within sufficient time to enable the provision of the Holiday to be booked in accordance with the Contract. You shall ensure the accuracy of all information given to our reservation staff.

When you come to booking your Holiday, you are advised to discuss any special request and the choice of the resort and accommodation with our reservation staff to ensure that the Holiday is suitable for you and your needs and also, if applicable, any other persons in your party.

The Holiday shall be provided in accordance with the invoice and otherwise in accordance with PMH’s current brochure and / or web site or other published literature relating to the Holiday from time to time, subject to these Conditions.

The brochures and published materials are generally prepared well in advance to the marketing and distribution, and although every care is taken to ensure that the information contained therein is accurate, there may be occasions where advertised services may have to be changed, altered or withdrawn. Under those circumstances, we shall endeavour to notify you of such changes before your Confirmation Invoice is issued.

PMH may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Holiday without any liability to you.

PMH may at any time without notifying you make any changes to the booking which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Holiday.

Where PMH supplies air tickets to you the governing terms and conditions shall be communicated before booking (see section 4, second para).

There is no warranty or liability of PMH whatsoever in connection with any interference with or impairment of the performance of any service supplied by a Supplier other than PMH.

A contract will only be constituted between PMH and yourself once a completed booking form and appropriate deposit have been received by PMH and a written confirmation of acceptance has been sent on behalf of PMH to you.

The person signing the booking form accepts and warrants to PMH that he/she is authorized to sign the form and accepts all of these conditions on behalf of himself/herself and each of his/ her travelling companions. Hereafter “you” shall be referred to in these conditions to include all persons named in the booking form.

Upon confirmation of any Holiday booking, PMH shall send you, a Confirmation Invoice within 14 days of the confirmation of the booking.

PMH shall, before issuing the Confirmation Invoice, promptly notify you of any changes in the conditions, including any change in the price where applicable.

It is vitally important that you check that all the details of the booking on the invoice are correct. Where there is any discrepancy regarding any detail as discussed at time of booking in the Confirmation Invoice, you shall inform PMH immediately, failure to do so may incur further costs to put right at a later date.

PMH reserves its  right to correct any obvious error on the Confirmation Invoice within 7 days of the date of issue of the Confirmation Invoice and in any case not later than 48 hours prior to your departure of the client.

The holiday arranged for and / or provided by PMH shall be restricted solely for your use as expressly mentioned on the Confirmation Invoice. Assignment with or without consideration is strictly prohibited.

PMH shall provide all services subject to availability and the latest prices.

Holidays shall be subject to such restrictions as may be specified in the offers for the Holiday.
Confirmation of any booking made by or on behalf of you shall  constitute acceptance by you that the terms of these Conditions (and the conditions governing any contract with the supplier(s) of any service(s)) shall apply to the booking).

Where a Holiday (including air ticket service) is provided by a  supplier other than PMH, such supplier of the service or carriage shall be contractually bound towards you without there resulting any liability whatsoever to PMH  for any act or omissions on the part of the supplier of the said service.

PMH shall make available to you upon request, copies of the booking conditions governing the contract between the supplier(s) of a Holiday and yourself. Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier.

The responsibility shall be upon you to ensure that the supplier is fully aware of the conditions governing your booking before any booking is made for such service.

PMH shall not be liable either for any accident or damage of any kind to you arising from sports or other leisure activities, or in respect of any of the services supplied through an third party to you which include but are not limited to air tickets, self catering, hotel accommodation, car hire, tours and  airport transfer.

 Where immediate confirmation of the supply of any booking is not possible, PMH shall issue a Confirmation Order. Subsequent confirmation of the supply of any service that has remained unconfirmed on this Order shall be communicated by way of a Confirmation Invoice addressed to you.

Offers for any bookings shall be subject to such restrictions as may be specified in the said offers.

Where the booking conditions of a supplier allows him / her to change the booking details for that particular service, PMH shall not incur any liability whatsoever by reason or as a result of such changes in the booking.

Where major changes are required to be made to any bookings with PMH after confirmation of the same, you may:

Either accept the new arrangements offered by PMH;

Or, accept alternative arrangements of equivalent or comparable standard and price;

Or, cancel the booking and receive a full refund of all monies you have paid to PMH.

In every case you shall receive compensation as provided for under these Conditions, to the extent that the changes in the booking are not the result of Force Majeure or any of the events beyond the control of PMH, as defined in these Conditions.

Any difference in price for arrangements of a lower standard and price shall be refunded. Any amendment tending to lower the basic price of the accommodation arrangements shall be deemed to be a booking. In the case of a small variation of approximately 3% of the price of the Holiday, which includes any amendment charges will be absorbed or retained.

Where PMH effects any minor change in the booking after confirmation of said booking, no compensation in any sum whatsoever shall lie.

PMH shall notify you of any minor change prior to your departure.

PMH shall try to meet any request for any proposed change in the details of the booking, subject to the following express conditions:

Changes made 8 weeks or more prior to your departure date, will be subject to our normal cancellation charges.

Any additional services, facilities, or other change of items shall be charged at the price which applies on the day such services or facilities are required or such change is made;

Any booking discount received at the time the original booking was made may be altered or reduced; and

An ‘Amendment Fee' shall be payable for each detail of the booking that you change as expressly provided below.

There may be restrictions on the possibility to change flight tickets (e.g. Apex Fares) and carriers may not permit the change required. Cancellation charges of as much as 100% would be incurred for airline tickets that have already been issued.

Transfer by you of the booking to another person(s) would only be possible if the following conditions are met:

The transfer must be effected more than 14 days prior to departure;

You must sign an amendment / cancellation form authorizing PMH to make the transfer;

The new person(s) must sign a holiday booking form accepting the transfer and the terms of the        Booking Conditions with PMH;

The new person(s) must provide evidence of their holiday insurance;

Amendment fees payable in accordance with these Conditions shall be added to the new invoice issued to the new person(s); and

Together you and the new person shall be jointly and severally liable for the payment of any balance on the new invoice.

Subject to any special terms agreed, you shall pay PMHs’ Standard Charges and any additional sums which are agreed between PMH and yourself.

The Standard Charges applicable for any Holiday shall be as advertised on the date of such advertisement.

PMH shall be entitled to vary its Standard Charges from time to time by giving not less than 14 days’ written notice to you.

All charges quoted to you for the provision of the Holiday are exclusive of any Value Added Tax, for which you may be additionally liable at the applicable rate from time to time.

PMH shall be entitled to invoice you the total amount upon confirmation of the booking for any Holiday(s) which shall be made not less than 6 weeks prior to the proposed departure date.

PMH’s standard charges and any additional sums payable shall be paid by you  (together with any Value Added Tax if applicable), and without any set‑off or other deduction within 6 weeks  of the date of issue of the related invoice by PMH, subject to late booking requirements.

The full amount for the booking is payable at the time of the booking where such booking is made within 1 month of the proposed date of departure.

If payment is not made on the due date, PMH shall be entitled, without limiting any other rights it may have (including the right to cancel this booking and charge the applicable cancellation charge(s)), to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4 % above the base rate from time to time of National Westminster Bank plc from the due date until the outstanding amount is paid in full.

Reservation by booking form must be secured at the time of booking by an advance deposit in an amount equal to 25% of the booking price. PMH shall issue a receipted invoice against such deposit.

The remaining balance of the total booking price is required to be paid 8 weeks prior to the departure date. If this balance remains unpaid, PMH reserves the right to cancel the reservation.

The full amount is payable at the time of booking where it is made within 6 weeks of the proposed date of departure.

The deposit amount may vary depending on the specific services required (e.g. depending on airlines payment policy)

No booking deposit or additional charges shall be refunded upon cancellation after confirmation, except as expressly provided in this Booking Conditions or as otherwise provided by law.

The total amount must be paid at least 6 weeks before you go on holiday. In default thereof, the booking may be treated as cancelled and a cancellation charge of up to 100% of the booking is chargeable to you in accordance with these conditions. See table of cancellation charges in section 10.

A fee of £30 will be charged for the additional cost to have tickets sent to you or directly to the airport for late bookings.

A handling fee of 3% per transaction shall be charged in respect of all payments made by credit card.

No charge is applicable for payments made by Debit Card.
PMH shall, in case of fluctuation of prices resulting from changes in the rate of exchange of any currency, inform you of the latest price applicable for the accommodation arrangements, or for any service(s) advertised by PMH before confirmation of your booking.

PMH reserves the right to increase the price of any arrangements or any other Holiday in respect of which a booking has already been made, subject to such increase being communicated by way of an Amended Invoice to you not later than 30 days before the stipulated departure date.

Any increase in excess of 2% of the price of your holiday shall be passed on to you.

Where there is an increase in the price of your holiday which is in excess of 10% of the booking made on your behalf :

You may cancel the accommodation booking within 7 days of the date of the Amendment Invoice. All monies paid to PMH for the account less any amendment charges applicable (which shall in no case exceed the amount of the booking) shall be refunded to you within 30 days from the date of cancellation of the booking.

Such increase shall be considered a Major Change and, unless the booking is cancelled in accordance with the above paragraph , you shall be entitled to the alternatives set out in the cancellations section as outlined below.

Where any increase in the costs of PMH arises after the issue by it of the last Amendment Invoice, the price quoted on the said Amendment Invoice shall remain applicable unless you change the booking.

No reminders will be sent for payments to be effected.

PMH shall not incur any liability whatsoever to you by reason or as a result of the cancellation of any booking supplied by a Supplier other than PMH, pursuant to express enabling provision in the Supplier’s contract for such service.

PMH reserves the right to cancel any booking without having to provide any explanation and without incurring any liability whatsoever for such cancellation.

In such a case PMH shall:

Either refund any amount received by it for such booking less any administration fees for changes made by you and any credit card charges;

Or Subject to availability, propose alternative arrangements of equivalent, or of the nearest similar, standard and price;

Any difference in price for accommodation of a lower standard shall be refunded.

In either case you shall receive compensation as provided for under these Booking Conditions to the extent that the cancellation of the accommodation booking is not the result of Force Majeure or of any of the events beyond the control of PMH as defined in this Booking Conditions.

Cancellation of a booking by you and whether in whole or in part must be notified to PMH in writing and sent by recorded delivery to the following address:

In case of cancellation by you or anyone travelling with you, a cancellation charge, as provided for in this Booking Conditions will apply.

Cancellation charges where applicable shall be computed on the basis of the number of days within which notice has been received by PMH prior to departure date, as set out in the table below:

You may be liable for the payment of any services booked for you as we may incur costs from the moment you make the booking.

Cancellation of flights booked directly through PMH, where applicable, shall only give rise to refund upon timely communication to PMH of the relevant travel documents including the tickets.

 In such a case PMH’ refund policy for tickets shall be in line with the refund policy of the relevant airline and shall be subject to the payment of an administrative fee in line with the airline policy.

Payment effected by credit card shall be refunded to you either on the same credit card that was used for the payment or by cheque issued to the lead-name.

Tickets returned for a refund must be forwarded to PMH by recorded delivery post at the earliest reasonable opportunity and in any case within one month from their date of issue.
Where the air ticket has been issued upon booking, a 100% cancellation fee shall apply.

In the event that you cancel the Holiday or there is a no-show, a lump-sum cancellation fee will become due and payable to PMH, taking into consideration the special risk for PMH to resell the booking.

PMH reserve the right not to refund the full amount of your deposit.

Compensation where applicable shall be computed on the basis of the period of notification prior to the date of departure as per the following table:

For the provision of its services and the selection and supervision of any third parties, PMH’s liability shall be limited on the basis of providing reasonable care.

Where any Holiday is supplied by a third party, PMH does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, if applicable, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the service to PMH.

Any dispute may be referred by you to an arbitrator appointed by The Chartered Institute of Arbitrators. Details and application forms are available from ATOL, 68-71 Newman Street, London W1P 4AH.

Dispute settlement by arbitration shall be subject to the following conditions:

Your complaint should relate to a holiday booked with PMH;

Your claim would be subject to the limits as set out in our insurance policy.

The claim should not be in respect of any major physical injury or illness;

The option for arbitration (which is a less costly and speedier means of remedy) shall be without prejudice to your right to bring a suit before the County Court or any other court of competent jurisdiction;

PMH shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from your late arrival or non‑arrival, or any other fault of yours or your agent or representative.

Except in respect of death or personal injury caused by PMH’s negligence, or as expressly provided in these Conditions, PMH shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of PMH, its servants or agents or otherwise) which arise out of or in connection with the provision of the Holiday or its use by you, and the entire liability of PMH under or in connection with the Contract shall not exceed the amount of its charges for the provision of the Holiday, except as expressly provided in these Conditions.

PMH shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Holiday, if the delay or failure was due to any cause beyond reasonable control.

In case PMH is the supplier of air tickets to you and a flight ticket is downgraded or a flight cancelled, delayed, or where boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, your claim shall lie solely against the carrier.

Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and / or omissions which fall within the scope of the Denied Boarding Regulations.

Should PMH in its sole discretion decide to indemnify you for prejudice suffered as a result of any of the events listed above, such compensation shall be paid to you on the express condition that, at the time of receiving the payment of compensation, you make a complete assignment to PMH of all your rights arising in relation to your claim against the carrier by way of subrogation.

Any accommodation supplied to you shall be for the sole use of the person(s) mentioned in the Confirmation Invoice or in any Amendment Invoice where applicable.

Sub-letting, sharing or assignment is prohibited.

A refundable deposit will be taken from you to cover accidental damages whilst you are on holiday. This will be refunded in the UK to you on your return.

You shall be responsible for the cost of any damage, loss or breakages caused to the accommodation (including all related amenities, furniture, fixtures and fittings) supplied to you during your stay or additional cleaning being required.

PMH shall, subject to the conditions set out hereunder, be liable for any prejudice resulting to you as a result of the fault or negligence or omission of any of its employees / agents and / or representatives.

No claim shall lie in respect of any injury, illness or death when:

Caused by an employee or agent or representative of PMH as a result of an event or circumstances which the said employee or agent or representative could not have predicted or avoided even if he had taken all necessary precautions and exercised due care; or
caused by your own fault; or

Not reported to PMH at the time you are still in the holiday resort and not followed by a written claim supported by written medical evidence addressed to the Customer Services department of PMH at the address given (within one month of the end of the client’s holiday).

Any client who has been indemnified by PMH shall transfer and / or assign any rights he may have against any person to PMH by way of subrogation and shall extend all necessary assistance as may be required for the enforcement of such rights.

Any payments made by PMH shall be limited in accordance with our insurance policy.

PMH may cancel any booking without any liability whatsoever arising as a result thereof either on its part or on the part of any of its supplier(s) where your conduct or any person travelling with you is inappropriate or offensive and/or injurious to any third party.

Without prejudice to such civil or criminal proceedings as may lie in the circumstances, you shall be liable to make good to PMH any expenses incurred by it as a result of such cancellation.

Any person guilty of such misconduct as described in the above clause above shall be disqualified from any future dealing with PMH.

Claims against PMH, if any, shall be received in writing within one month from the completion of the booked journey. Thereafter any claims shall be excluded.

PMH shall not be held liable in any manner whatsoever in respect of any complaint arising under these Conditions where such complaint has arisen during the holiday and has not been reported to its local representative.

Both you and PMH may terminate this Booking Conditions in cases where the journey becomes complicated, endangered or impaired by reasons of force majeure (including without limitation to war, riot, political unrest, strike, fire, flood, weather conditions, etc.).

In such a case the contract is so terminated prior to the commencement of the journey by you, there may be a refund the total booking price; otherwise the refund will be made on a pro rata basis.

PMH shall not be liable in any way for any irregularity in the execution of these Booking Conditions and / or any kind of damages to you arising from reasons of force majeure or other events beyond the control of PMH or any third party performing services under these Booking Conditions.

You must take out suitable travel insurance for accident, illness, baggage loss or theft, third party liability and cancellation insurance. Insurance is not included in the contracted price and is available on request.

These Booking Conditions shall be construed and enforced in accordance with the laws of England and Wales.

If any term of this Booking Conditions is held to be invalid or unenforceable by any court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of any of its other provisions unless it goes to the root of the Booking Conditions or radically affects it.

PMH is fully bonded by the Civil Aviation Authority under an Air Travel Organiser’s Licence (ATOL 9259) to protect your holiday payments and repatriation in the event of our insolvency.

Please note you are only covered under our ATOL for flights and flight inclusive packages.

PMH reserves the right to modify the terms and conditions of these conditions at any time at its sole discretion by giving written notice to you of the modification. If any modification is not acceptable to you, you should not accept the same and should promptly give written notice thereof to PMH. Such notice shall in no case be given more than 14 days from the date of notification of the modification by PMH.

Neither party to this Booking Conditions will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

This Booking Condition is entered into on principal to principal basis and nothing in this document will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. Neither Party will be responsible for the acts or omissions of the other Party.

PMH does not endorse in any way the deals offered by any Travel Agent and shall not be a party to any dispute in respect of any such deal entered into by you and the Travel Agent.

You shall not assign or transfer all or any of your rights or obligations under this Booking Conditions without the prior written consent of PMH.

PMH undertakes not to use your personal details except solely for the purposes contemplated by this Booking Conditions or as is required in normal course of business or unless required pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiver shall provide reasonable prior notice thereof to enable the discloser to seek a protective order or otherwise present such disclosure.

PMH shall not be liable to you or any other party by virtue of termination of this Booking Conditions for any reason whatsoever for any claim for loss or profit or on account for any expenditure or any other commitments made by  you or any other party by virtue of this Booking Conditions.

Any notice required by these conditions or given in connection with it, shall be in writing and shall be given to the appropriate party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice by personal delivery or certified mail, postage prepaid, or recognised overnight delivery services.