Etihad Airways P.J.S.C Holiday Packages Agency Aggrement Part 1: Aggrement Version: EY/EYHAGT/Part1/2018

  1. Appointment

    Etihad appoints the Agent as its agent for the sale of Holiday Packages within the Territory for the Term which appointment is accepted by the Agent. This Agreement shall be considered a non-exclusive agreement and Etihad reserves the right to establish its own offices and to appoint its own management and staff in the Territory and/or to use other parties for the provision of similar or complementary services as desired.

  2. Agreement structure

    1. This Agreement consists of: this Part 1 “Agreement”; its Part 2 (Standard Terms and Conditions); Schedule 1 (Bookings and Settlement), Schedule 2 (Consumer Terms and Conditions), and Schedule 3 (Participating Agencies). To the extent a conflict exists between the parts and schedules of this Agreement, the provisions of this Agreement shall prevail in the following order:

      Clause 3 of Part 1 (Special Terms And Conditions);

      • Part 2;
      • Part 1 (except for its Clause 3);
      • Schedules 1 to 3.
    2. Etihad and the Agent agree that the terms and conditions set out in Part 1 and Part 2 may not be supplemented, amended or deleted in any manner except by way of including such supplements, amendments or deletions in Clause 3 of this Part 1 (Special Terms and Conditions).

  3. Special terms and conditions

    Clause 8 does not apply as Agent payment method will be via Credit Card or EMD

  4. Governing law & jurisdiction

    This Agreement shall be governed by the laws of the Emirate of Abu Dhabi and the Federal Laws of the U.A.E. as applied in the Emirate of Abu Dhabi. All disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the civil courts of the Emirate of Abu Dhabi to which the Parties irrevocably submit, save that Etihad may, at its absolute discretion, take proceedings or seek remedies before the courts or any competent authority of any jurisdiction in which the Agent has its place of business, assets or accommodation.

  5. COUNTERPARTS & FACSIMILE SIGNATURES

    This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, and all the counterparts together shall constitute one and the same instrument. Scanned and/or facsimile counterpart signatures to this Agreement shall be acceptable and binding.

Etihad holidays Holiday Packages Agency Aggrement Part 2: Standard terms and conditions Version: EY/EYHAGT/Part2/2018

  1. DEFINITIONS

    • Agent means the second Party identified on page 1 of Part 1.
    • Agreement means this Holidays Packages Agency Agreement including its Parts 1 & 2 and any of its Schedules.
    • Booking means the reservation of one or more Holiday Packages by the Agent.
    • Guest means everyone identified by name and arrival date in the Booking.
    • Effective Date means the first date written in Part 1.
    • Etihad means Etihad Airways P.J.S.C.
    • HBE means Holidays Booking Engine.
    • Holiday Packages mean any product component booked through the HBE
    • Party means either Etihad or the Agent and "Parties" means both Etihad and the Agent.
    • Term has the meaning given to it in Clause 2 below.
    • Territory has the meaning given to it on page 1 of Part 1.
    • U.A.E. means the United Arab Emirates.
  2. Term

    1. This Agreement comes into force on the Effective Date and will continue for a period of 2 year. Upon the expiry of this Agreement, and each anniversary thereafter, this Agreement will be renewed for successive terms of one year unless either party provides written notice of its intention not to renew this Agreement no later than 2 week prior to its renewal.

    2. This Agreement may be terminated only in accordance with Clause 16 below.

  3. AGENCIES PARTICIPATING IN THE HBE

    1. The Holiday Packages will be promoted and sold by the Agent through the agency locations set out in Schedule

    2. Etihad shall provide each such location with a unique administrative user ID for the HBE which may be utilized only by personnel of the respective location to which the user ID is as- signed.

    3. Etihad may at its sole discretion suspend user IDs of those agency locations which engage, in the reasonable opinion of Etihad, in market disruptive behavior.

  4. FUNCTIONS AND OBLIGATIONS OF THE AGENT

    1. During the term the Agent shall perform the following functions on behalf of Etihad in the Territory:

      1. sale of Holiday Packages, in accordance with the tariffs, rules, regulations and documentation provided by Etihad;

      2. promotion of Holiday Packages;

      3. administration of reservations for Holiday Packages and all connected clerical work. These tasks are to be primarily carried out on Etihad's HBE, but are not limited to this;

      4. ensure the Agent's profile, details and codes are kept up to date on the HBE;

      5. provision to Etihad of information concerning local Laws,

      6. charges and surcharges;

      7. provision of monthly reports of present and future market developments, as well as any other sales or commercial information that might reasonably be required by Etihad by the first week of each month;

      8. upon specific written directions represent Etihad in negotiations with governmental and other authorities, officials, offices and agencies. The Agent must brief Etihad on the result of any of these activities immediately after they are undertaken;

      9. preparation of all documents required by local or international regulations or as may reasonably be required by Etihad, such as a declaration for fiscal purposes;

      10. on request by Etihad, undertake special publicity or advertising. Publicity material of Etihad shall remain the property of Etihad;

      11. ensure consignments are delivered to the receiving points designated by Etihad;

      12. arrange for appropriate identification for Etihad at all the Agent's offices in the Territory and the distribution of Etihad's timetables, tariffs and promotional material to Supervised Travel Agents and to the general public in accordance with the Communication Toolkit provided by Etihad;

      13. provision of other services, which may reasonably be required by Etihad upon specific written directions of Etihad.

    2. The Agent shall ensure that it has sufficient competent personnel to fulfill the obligations under this Agreement. In this respect a minimum of one (1) staff trained should be available for each location (satisfactory proof of the training and all training records must be provided to Etihad).

    3. The Agent agrees to comply with all reasonable directions and instructions of Etihad or its authorized representatives concerning all matters affecting or arising out of this Agreement, including pricing of the Holiday Packages.

    4. The Agent agrees to train all relevant personnel on Etihad's specific processes and procedures and regulatory requirements. This may also require recurrent training.

    5. The Agent agrees to take all possible steps to ensure that the quality of the services furnished to Etihad is not less favorable than that given to any other tour operator, including the Agent itself, at the same location.

    6. The Agent shall immediately upon the signing of the Agreement provide Etihad with the list of its employees who will be involved in providing services under this Agreement.

    7. The personnel of the Agent who will service this Agreement will at all times be the employees of the Agent and the Agent will ensure that at no point in time, either during the subsistence of this Agreement or upon its termination those personnel will claim to be in the employment of Etihad. The Agent shall indemnify Etihad if such claims arise.

    8. If in order to service this Agreement, the Agent has to lease new premises or equipment, hire new staff, enter into agreements with third parties and make other financial commitments, the Agent shall be solely responsible for such commitment and shall at no time seek either payment or compensation from Etihad.

    9. The Agent has to perform full data capture as per Etihad instruction relating to Holiday Packages sold by the Agent into the HBE prior to issuing travel documents to the guests.

  5. CLAIM MANAGEMENT

    1. The Agent may not institute legal proceedings in the name of Etihad without Etihad’s prior written consent.

    2. The Agent may not settle, release or discontinue any action or legal proceedings or otherwise prejudicially affect the interest of Etihad without the prior written consent of Etihad, and will do all things necessary to defend Etihad's interests pending receipt of instructions. The Agent shall inform Etihad without any delay of the institution of any claim or legal proceedings against the Agent and/or against Etihad.

  6. SETTLEMENT OF ACCOUNTS

    1. The Agent shall be responsible for monies in respect of its sales of Holiday Packages in the Territory.

    2. All monies collected by the Agent for Holiday Pack- ages sold are the property of Etihad and shall be held in a fiduciary capacity by the Agent on trust for and as property of Etihad until paid to Etihad.

    3. Agent shall promptly remit all monies due to Etihad on sale of Holiday Packages to Etihad without any set-off or deduction in accordance with the procedures as shown in Schedule 1.

  7. FEES AND PAYMENT

    1. Etihad will provide all rates in Net to the Agent at time of booking, no Commission is provided

    2. Any extra remuneration or overriding commission to increase revenue production or to protect market share, if any, must be expressly agreed by the Parties in writing with the period to which the extra remuneration or over- riding commission applies clearly defined.

    3. On any termination of this Agreement regardless of the cause, no compensation will be payable by Etihad to the Agent. Any compensation or indemnity for any goodwill created or enhanced by the Agent for, or on behalf of Etihad during the term of this Agreement is deemed included in the Commission paid.

    4. Etihad shall only reimburse the Agent for expenditures authorized in writing by the Etihad Accounts Contact before they were incurred by the Agent, and only after the Agent has evidenced such expenditure by producing the relevant original receipts/invoices/other evidence (as required by the Etihad Accounts Contact) to Etihad.

  8. CREDIT

    1. The Agent shall supply to Etihad a bank guarantee ("Bank Guarantee") from an international bank approved by Etihad, on or prior to the Effective Date of this Agreement.

    2. The Bank Guarantee shall be an unconditional, irrevocable, on-demand bank guarantee in a format acceptable to Etihad of an amount equal to approximately 45 days of the gross revenue (based on the sales projection) being collected by the Agent and remitted to Etihad. It is subject to revision after significant changes in capacity, or a variance of 10 per cent of the budgeted revenue and after every six-month period. Notwithstanding the foregoing, the bank guarantee shall be renewed one month prior to the expiry of each anniversary of this Agreement. Revenue collected by BSP and directly remitted to Etihad will not reduce the amount of the bank guarantee.

    3. The Agent further agrees that it shall maintain the Bank Guarantee for a period of at least two months after termination of this Agreement.

  9. ETIHAD’S WARRANTIES AND OBLIGATIONS

    Etihad shall promptly notify the Agent immediately in writing of any suspension, deficiency, or failure affecting the provision of the HBE, whether temporary or otherwise and whether or not it is continuing. Etihad undertakes at its cost to take all reasonable steps immediately to remedy any problem and make available the HBE in accordance with this Agreement

  10. THE AGENT’S WARRANTIES AND OBLIGATIONS

    The Agent shall perform its obligations with all due skill, care and diligence and shall ensure that all personnel employed by the Agent in connection with the sale of Holiday Packages will be appropriately trained, qualified, experienced and capable of competently dealing with the guests.

  11. DESIGNATION OF AGENT / ADVERTISING / TRADE- MARKS

    1. During the term the Agent shall be entitled to de-scribe itself as a Sales Agent of Etihad in relation to the Holiday Packages at its places of business and on commercial documents, advertisements, notices, publications, letterheads and similar items.

    2. "Etihad", "Etihad Holidays", “Hala Abu Dhabi” and the "Etihad", "Etihad Holidays" and “Hala Abu Dhabi” logos are trade and/or service marks ("Etihad Marks and Logos") owned or used by Etihad. The Agent acknowledges and agrees that:

      1. it does not have any rights of ownership over the Etihad Marks and Logos;

      2. it may only use the Etihad Marks and Logos pursuant to this clause 4, and its right to use all or some of the Etihad Marks and Logos may be withdrawn by Etihad immediately on written notice;

      3. it may not register any of the Etihad Marks and Logos or use any of them in any registered company or business name without prior written authorization from the Main Contact;

      4. when referring to the Holiday Packages and related passenger services provided by Etihad, it shall use the "Etihad", "Etihad Holidays" and/or “Hala Abu Dhabi” mark, as directed by Etihad from time to time;

      5. it will not (nor permit its agents to) infringe upon or abridge the rights of Etihad in the Etihad Marks and Logos or directly or indirectly challenge the validity of any of the Etihad Marks and Logos;

      6. it must ensure that all guidelines and examples pro- vided by Etihad relating to the use of the Etihad Marks and Logos are complied with. These include, but are not limited to, the guidelines and examples of communications activities set out in the most recent communication toolkit ("Communication Toolkit"), if any, provided by Etihad to the Agent. Any communication activities which the Agent proposes to under- take which are not specifically included in a Communication Toolkit must have prior written authorization from the Main Contact.

    3. In the event the Agent's right to use any of the Etihad Marks and Logos is withdrawn ("Withdrawn Marks") the Agent shall at its own expense:

      1. immediately cease using the Withdrawn Marks; and

      2. remove the Withdrawn Marks from any premises, vehicles or uniforms owned or used by the Agent, its agents and employees; and

      3. liaise with the Etihad in relation to the destruction or delivery to Etihad of any of the Agent's documents bearing the Withdrawn Marks.

  12. CONFIDENTIALITY

    This Agreement is confidential and neither Party may disclose anything or make any announcement relating to this Agreement or its subject matter, to any third party, without the prior written approval of the other Party except as required by law or by any legal or regulatory authority.

  13. LIMITATION OF LIABILITY

    Etihad shall not be liable to the Agent in any way for any direct loss or damage in excess of payment otherwise due under this Agreement. Etihad shall not be liable to the Agent in any way for any indirect or consequential loss (including economic loss) of any kind whatsoever which the Agent may suffer by reason of any act, omission, neglect or default.

  14. INDEMNITY

    Agents are responsible for accurately booking all itineraries as per customer requirements The Agent shall indemnify and keep indemnified Etihad against any error when utilizing the HBE in the issuance or the non-issuance of any travel documents vouchers etc. by the Agent to the Guests

  15. FORCE MAJEURE

    If either Party is affected by Force Majeure it shall promptly notify the other Party of the nature and extent of the circumstances in question. Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other Party, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non- performance is due to any Force Majeure event. For the purposes of this Agreement, circumstances amounting to “Force Majeure” include war or threat of war, civil strife, riots, natural or nuclear disaster, fire, epidemics, extreme weather conditions, terrorist activity (threatened or actual), governmental action, acts of God and all similar events outside Etihad and/or the Agent’s reasonable control which prevent or seriously impede Etihad and/or the Agent from carrying out its obligations under this Agreement.

  16. TERMINATION

    1. Either Party may in its absolute discretion terminate this Agreement at any time without liability by giving the other Party no less than thirty days’ notice in writing.

    2. Either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if the other Party:

      1. commits a continuing or material breach of this Agreement and, if the breach is capable of remedy, fails to remedy it within three days of receipt of written notice giving full particulars of the breach and requiring it to be remedied; or

      2. makes any voluntary arrangement with its creditors or goes into liquidation (or any analogous process) (except for the purposes of an amalgamation, reconstruction or other reorganization and so that the company resulting from the reorganization effectively agrees to be bound by or assume the obligations imposed on the other Party under this Agreement); or

      3. ceases or threatens to cease, to carry on Business.

  17. CORRUPT GIFTS AND PAYMENTS OF COMMISSION

    1. Unless according to the expressed terms of this Agreement, the Agent shall not, whether by itself or by any person employed or used by it, give, offer or solicit any gift, gratuity, tip, consideration of any kind or any other form of money-taking or reward, collection or charge. (“Gift”) to any person employed or contracted by or acting on behalf of Etihad.

    2. Etihad, without incurring any liability, shall be entitled immediately to terminate this Agreement and to recover from the Agent the amount of any loss resulting from such termination if: (i) the Agent is in breach of Clause 17.1 above; or (ii) a Gift has been offered or given to by any person employed or contracted by the Agent or acting on its behalf (whether with or without the knowledge of the Agent).

    3. This Clause 17 does not apply to Gifts (i) accepted by an Etihad’s representative for the benefit of Etihad (e.g.: free accommodation or free meals during duty travel), or (ii) of a value of 50 U.A.E. Dirham or less in the aggregate per person

  18. ASSIGNMENT/SUB-CONTRACT

    The Agent shall not assign, transfer, charge, deal in any manner, sub-contract or delegate any of its rights or responsibilities under this Agreement without the prior written consent of Etihad.

  19. ENTIRE AGREEMENT

    Either Party acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. This Agreement is in substitution for any previous accommodation agreement between the Parties (which shall be deemed to have been terminated by mutual consent).

  20. NOTICE

    Any notice, consent, request, demand, approval or other communication to be given or made under or in connection with this Agreement must be in English, legible, in writing, signed by or on behalf of the person giving it, and delivered personally or by courier to the Parties’ ad- dresses set out in Part 1.

  21. WAIVER

    If either Party fails to exercise or delays in exercising, a right or remedy available under this Agreement or pursuant to any law, that right or remedy (or any other right or remedy) shall not be deemed to have been waived. A waiver of a breach of or a default under this Agreement will not prevent a Party from subsequently requiring compliance with the waived obligation and shall not constitute a waiver of any other breach or default. The rights and remedies provided by this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

  22. SEVERANCE

    Each of the provisions of this Agreement is distinct and severable from the others. If at any time one or more of those provisions is or becomes invalid or unenforceable (whether wholly or partly), the validity and enforceability of the remaining provisions (or the same provision to any other extent) shall not be affected or impaired in any way.

Etihad Airways P.J.S.C Holiday Packages Agency Aggrement Schedule 1: Booking & Settlement /Finance Process Version: EY/EYHAGT/Sched1/2018

  • Status:

  • Document Owner: Abdul Kader Jailani Abubacker

  • Document Location: UAE

  • Finance Date: 2018

  • Version: 1.1

  1. Introduction

    This document gives an overview of the finance process for Travel agents accessing the Holidays Booking Engine (HBE). HBE is a web based live reservation system that enables Travel Agents to book Etihad Airways Holidays PackagesThree scenarios are described herein for bookings made by Travel agents and package issue by the Travel Agents.

  2. General Conditions

    1. The Travel agent who has HBE access will be an approved agent and his Agency Number will be created by Etihad Holidays.

    2. For each Agency Number there will access for sub users

    3. As mentioned in the legal agreement it is the sole responsibility of the Travel Agency manager (site manager) to remove access of the agent under his supervision has left the company to withdraw access which had been provided.

    4. Under this agreement, a travel agent will have only have access only to enter Credit card and/or EMD details as a Form of Payment.

    5. Multiple EDM or credit card numbers can be used in the same booking for a unique package reference.

    6. System will generate E Document only after full payment is entered in HBE for total value of the package.

  3. Payment Process Flow

    Payment Process Flow
    1. When a Travel agent is approached by a guest for a holiday booking, the agent logs into HBE and offers the guest a travel Itinerary

    2. If the offer provided is not accepted by the guest the Travel agent will not proceed to making the booking

    3. If the offer is accepted by the guest, the agent confirms booking in HBE.

    4. On obtaining an initial deposit or full payment to secure the booking Travel agent inserts the eMD or credit card value and process the payment in HBE to complete the booking.

  1. EY Holidays Commission Policy.

    Etihad Holidays offers net rates to all trade partners on all holiday packages sold via the HBE

  2. Issuance Principles

    1. EY holiday package will be sold by EY Holidays division and EY approved agents only.

    2. Agents will use a company credit card or EMD for any holiday packages sold.

  3. Commission Eligibility Condition

    1. EY Holiday package will be non-commissionable

    2. No commission claimed will be accepted on all products sold via the Etihad Holidays HBE

    3. No discount will apply on holiday packages issued by Agent.

  4. General Conditions

    1. Refund application will be authorized by Etihad Holidays after all check and balances are complete.

Etihad Airways P.J.S.C Holiday Packages Agency Aggrement Schedule 2: Consumer Terms and Conditions Version: EY/EYHAGT/Sched2/2018

  • Definitions

    The following terms shall bear the following meanings in these Booking Conditions:-

    • “Child” means a person under the age of 12 years on the relevant return date of travel;

    • “Etihad Holidays” “we” or “us” means Etihad Holidays a division of Etihad Airways PJSC a company registered in Abu Dhabi whose principal place of business is at P.O. Box 35566, Abu Dhabi, United Arab Emirates;

    • “Force Majeure” means any unusual circumstance beyond our control including but without limitation war or threat of war, terrorist activity, adverse weather conditions, industrial dispute, closure of airport or technical difficulties;

    • “Holiday” means the holiday booked by you or on your behalf with us;

    • “Lead Name” means the first named customer on any Holiday booking;

    • “Significant Change” has the meaning set out in section 6;

    • “Travel Agent” means any agent through whom your Holiday with us is booked;

    • “UAE” means United Arab Emirates; and

    • “You” means any customer who is or may be considering the booking of any Holiday and includes all members of any party who are booking together.

    • “Breaking Deal” means any holiday package that contains a fully non-refundable package component, such as hotels, tours or flights, which makes the entire package fully non-refundable, no changes are permitted after booking confirmation and no refunds are due in case of cancellation.

    • “Freedom - Flexible Rate” means a holiday package is changeable and refundable as per these Etihad Holidays booking conditions as outlined in clause 5 below.

  1. The Contract

    These conditions and other information in all Etihad Holidays’ brochures, price booklets, separate publicity material and our website form the contract between you and us. All Holidays are subject to availability and these booking conditions. In the event of any conflict between these booking conditions and any of the brochures, price booklets, separate publicity material or our web site, these booking conditions will prevail.

    You are recommended to read these booking conditions carefully and in the event that there is anything, which you do not understand, contact Etihad Holidays (or your Travel Agent if you have booked via an agent) for clarification.

    You need to be aware that these conditions contain a limitation of our liability to you and of our obligations in relation to any Holiday, which you book.

    These conditions do not govern your contract or affect your rights relating to any third party whose services you may separately purchase and use on your Holiday

    When you have booked your Holiday, paid a deposit and we have issued a confirmation or receipt to you or to your Travel Agent and you have signed our booking form, a contract exists between you and us.

    The Lead Name guarantees that he or she has full authority to make the Holiday booking on behalf of all customers named on the Holiday booking and guarantees to pay all sums which are or may become due in relation to such Holiday.

    The purchase and sale of the Holiday shall take place (or shall be deemed to take place) and come into effect in the UAE, whatever the circumstances of your booking. Notwithstanding any conflict of laws principles, these booking conditions and any contract between you and us shall be governed exclusively by the laws of the Emirate of Abu Dhabi and the federal laws of the UAE, and the Civil Courts of the UAE in Abu Dhabi shall have exclusive jurisdiction to determine any dispute or claim that arises out of or in connection with the contract with you or its subject matter or formation (including non- contractual disputes or claims).

  2. How to Book

    A Holiday booking can be made online on our website www.etihadholidays.com, through Etihad Holidays Retail Shops, Sales Offices or directly with the Etihad Holidays Call Centre via our Toll Free number (800 2324) in the UAE or through a Travel Agent.

    When a booking is made via a Travel Agent, all communication with Etihad Holidays must be made via the Travel Agent. In that case, all monies paid by you to the Travel Agent are held by the Travel Agent as your agent until the booking is accepted and confirmed by Etihad Holidays.

  3. Payment

    A booking form must be completed and signed by the Lead Name being a person aged 18 years or over and a non-refundable deposit paid to Etihad Holidays of 10% of the total package cost. Should your Holiday incorporate a specialist holiday component such as Cruise Companies, Disneyland® Resorts, Ski & Safari Operators (“Specialist Holiday”) and some hotels a full payment deposit will be required and will be advised at the time of booking. If the booking is made 21 days or less prior to departure full payment will also be required for your Holiday booking.

    If a deposit has been paid the full balance must be settled no later than 21 days before your departure date. If we do not receive the balance by the due date we will treat the booking as cancelled by you and you agree to pay the cancellation charges as described in section 5.2 of these booking conditions.

    We accept cash, cheques, credit and debit cards. .

    Once full payment has been received for a confirmed booking, Etihad Holidays will issue air E-tickets plus vouchers for other services booked. These vouchers must be surrendered by you to the relevant supplier of the services, e.g. hotel or ground transportation supplier.

  4. Holiday Price

    All our prices are quoted in AED,, KDW, BHD, SAR (This will be based on your location set-up, unless otherwise specified). We will give you or your Travel Agent a price quote at the time of booking and once you have accepted that price and a booking has been made and confirmed through payment of deposit or in full, we will hold that price.

    The only additional charges we may pass on to you are those imposed by the UAE or foreign governments, other regulatory bodies and/or airlines

    What your holiday price includes:

    • Return transportation including luggage allowance as confirmed;

    • Overseas transfers / transportation as confirmed;

    • Accommodation, meals (including any bonus offers) where they have been booked

    • And confirmed;

    • The services of a representative, tour guide or an appointed local agent,

    • Including a 24-hour emergency contact (except cruises);

    • Any other services e.g. Excursions, car rental, ski packs, etc. Where they have been

    • Booked and confirmed; and

    • Child discounts where they have been booked and confirmed.

    What your holiday price does not include:

    • Passport, visa and health protection fees;

    • Cots, car seats and food for infants;

    • Meals unless otherwise specified;

    • Excursions or entrance fees unless otherwise specified;

    • Overseas airport departure charges payable locally;

    • Porterage, personal expenditure, tips, laundry, hotel extras;

    • Transport cost to your departure airport unless specified;

    • Holiday insurance.

  5. Changes or cancellation by you

    1. Changes

      If you wish to change your booking after a deposit has been paid, the Lead Name should contact their Travel Agent if they booked via a Travel Agent; or Etihad Holidays if they booked directly and subject to availability, we will try to meet the request. Cancellation terms will depend on the nature of the services, the type of Holiday and package type booked:

      1. Etihad Holidays Packages

        If you have booked a “Freedom – Flexible Rate” package and we are able to make the change requested, you agree to pay a non-refundable amendment fee of AED 200/- per person per change if the change(s) is / are made 16 days or more before departure in addition to any applicable ticket change fees or increase in Holiday costs i.e. where you upgrade accommodation or increase passengers. Changes made 16 days or less before departure will be treated as a cancellation and the charges in section 5.2 will apply.

      2. Standalone Hotel Only bookings

        For all Standalone Hotel only bookings, the cancellation policy of the hotel will be advised at time of booking. Some rate plans are fully non-refundable, other rate plans can be changed, amended or cancelled free of charge until a specified period of time prior to the booked arrival date. For all changes to standalone Hotel only bookings please refer to the hotel terms and conditions provided at time of booking.

      3. Important notes:

        Many suppliers, particularly airlines, cruise companies, Disneyland® Resorts, Ski & Safari operators and some hotels do not permit us to change names or travel dates and impose full cancellation charges.

        If this is the case, we will pass these charges on to you, in addition to our administration charges. Some accommodation types, particularly self-catering, cruise ship cabin and hotel rooms with reductions for 3 + people, are priced according to the number of occupants. If fewer people travel than originally booked there will be extra charges to pay, which will be advised to you when you make the changes.

    2. Cancellations

      If you or any member of your party wishes to cancel your booking once a booking has been confirmed and an invoice or receipt has been issued, the Lead Name must notify their Travel Agent (or Etihad Holidays direct if the booking was made directly with Etihad Holidays) in writing. The cancellation charges you will be required to pay will be calculated on the basis of the date we receive the written notification and the booked departure date and the package type that was purchased. Please note we cannot refund deposits, amendment fees or insurance premiums. We strongly recommend that you take out comprehensive holiday insurance which includes cancellation cover. We incur costs from the time you make your booking and you agree that if you cancel your booking, you will compensate us for our expenses and losses as per the table and paragraphs below or if greater (for example if cruise companies, Disneyland® Resorts, Ski & Safari operators and some hotels are concerned) the cost borne by us as a result of your cancellation.

      Cancellation charges vary according to the type of Holiday booked and certain hotels and products. You will be advised at the time of booking of the relevant cancellation terms and conditions.

      Any “Breaking Deal” Holiday packages are fully non-refundable and no changes are permitted after booking confirmation. Breaking Deal packages are clearly identified during the booking process and you will be advised at time of booking if this applies to your holiday package.

      All “Freedom - Flexible Rate” Holiday packages, the following Cancellation Terms & Conditions will apply:

      1. Etihad Holidays Packages

        Number of days between the booked departure date and the written Cancellation is received by us Cancellation amount as a % of price
        8 - 15 days 15%
        3 - 7 days 50%
        3 days or less & no show 100%
      2. Exceptions - All Etihad Holidays Packages to Maldives, Seychelles and Mauritius as well as Specialist Holidays to any destination involving Cruises, Safaris, Ski, Extended Touring & Self Drive itineraries and Disneyland® Resort

        Number of days between the booked departure date and the written Cancellation is received by us Cancellation amount as a % of price
        90 – 46 days 25%
        45 - 31 days 50%
        30 - 22 days 75%
        21 days or less & no show 100%

        All Holidays to Maldives, Seychelles and Mauritius during the Peak Season (i.e. 20 December – 15 January) are non-refundable if cancelled within 60 days of the date of booked departure or in case of no show and the cancellation amount equals 100% of the booking value.

        During Public Holidays and over Special Events stricter conditions may apply for some hotels and suppliers. Cancellation terms & conditions specific to your booking will be advised and confirmed at time of booking.

        For your own interest we strongly recommend that you arrange cover with a comprehensive holiday insurance policy to travel on any of our Holidays. Please contact your Etihad Holidays Agent for details.

        For any groups of ten or more customers travelling together special terms & conditions apply, which will be advised during the booking process.

      3. Standalone Hotel only bookings

        For all Standalone Hotel only bookings, the cancellation policy of the hotel will be advised at time of booking. Some rate plans are fully non-refundable, other rate plans can be changed, amended or cancelled free of charge until a specified period of time prior to the booked arrival date. For all changes to standalone Hotel only bookings please refer to the hotel terms and conditions provided at time of booking.

    3. If we have to change or cancel your holiday

      We will do our utmost to deliver your Holiday as booked. As we plan the arrangements many months in advance we may occasionally have to make changes and reserve the right to do this at any time.

      If we have to make a Significant Change (as defined below) in circumstances where there has been no Force Majeure, we will notify the Lead Name or your Travel Agent as soon as practically possible and you will have one of three options:

      • accepting the changed arrangements;

      • transferring to another holiday offered by us and paying or receiving a refund for any price difference; or cancelling your holiday and receiving a refund of all monies paid to us (excluding any travel insurance)

      Significant Changes are limited to changes involving:

      • Your departure airport;

      • Your destination area;

      • A change of accommodation to a lower star grading; or

      • Your departure time from your Etihad origin airport, or length of holiday by more than 12 hours (excluding transport delays once you have checked-in).

  6. Refunds

    In cases where any part of your Holiday is on a request basis, the deposit or final payment will only be refunded in full if Etihad Holidays is unable to confirm the booking and no cancellation charges apply to any confirmed components of the Holiday.

    No refunds will be available on unused services.

    Any refunded payments will be processed by the same payment method used to make the booking initially and to the same payee. The exception for this will be cash payments received by Etihad Holidays for Holiday packages which will be refunded in the form of a cheque to the original payee on presentation of valid identification.

    No refund will be given in any circumstances unless original travel documents and invoice are returned to Etihad Holidays

    All refunds will be processed within 21 days of the presentation of the original travel documents and invoice to Etihad Holidays.

  7. Our liability to you

    1. We accept responsibility for ensuring that the travel arrangements you book with us are supplied as described in our brochure or on our website. If any part of these travel arrangements is not provided as promised, we will pay you appropriate compensation if this has affected your enjoyment of your travel arrangements. We accept responsibility for the acts and / or omissions of our employees and agents. Our liability in all cases (including in cases of gross negligence) except for death or bodily injury shall be limited to a maximum of the cost of your Holiday and any reasonable directly attributable costs.

    2. We accept no responsibility for any delays or cancellations or non-availability of any meal or service due to Force Majeure.

    3. In rare cases errors may occur when inputting prices into our reservations system or when printing our brochure. We regret that any contract entered into on the basis of an erroneous price will be void. Accordingly, you cannot seek to rely on an erroneous price when booking a holiday. In the unlikely event of a booking being made following a systems error we will advise you as soon as possible and offer you the choice of either a cancellation with a full refund or continuing with your arrangements upon payment of the difference in price applicable.

    4. You should note that the acceptance of any liability on our part in any circumstances is subject to the amount of any claim against Etihad Holidays being reduced by any amount paid to the claimant from time to time for the same claim such as (i) any employee, agent or supplier of Etihad Holidays who is in any way responsible for the death, injury or illness you suffer and / or (ii) under any relevant insurance policy held by the claimant.

    5. If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your Holiday arrangements, 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 and benefits received under any relevant insurance policy to ourselves. In any case, we limit the cost of our assistance to you or to any one booking form to maximum AED 10,000/-.

    6. In respect of Etihad flights included in your Holiday we will use our reasonable endeavours to ensure that in the event of a delay exceeding 3 hours, you will receive light refreshments, in the event of a delay exceeding 6 hours, you will receive a main meal, and in the event of an overnight delay, wherever possible, you will receive meals and accommodation. This section 8(g) is subject to the availability of meals and / or accommodation, and the policies of third party operators, at the location of the delay

    7. We do not recommend, arrange or endorse any specific medical services or medical service providers. Notwithstanding anything herein, we will not be liable for any damages, claims, injuries, health risks, losses, liabilities, incidental or consequential damages (collectively known as “damages”) whatsoever and howsoever caused, arising out of, or in connection with, the use or misuse of the medical services received during your Holiday, whether such damages arise in contract, tort, negligence, equity, statute law, or by way of any other legal theory

    8. If we make arrangements for you with any third party to provide any services other than carriage by air, or if we issue a ticket or voucher provided by a third party such as surface transportation, hotel reservations, car rental, or any other activities, in doing so we act only as your agent. We will have no liability to you for any such services we arrange for you unless any loss or damage is caused solely by our gross negligence and in such case our liability shall be subject to clause 8.1(a). The terms and conditions of the third party service provider will apply such conditions are available from us upon request.

  8. Your responsibility

    1. You must ensure that you and all customers named on your Holiday booking have valid passports, any appropriate visas and vaccinations. We are not liable for any costs, delays or illness resulting from your failure to meet these requirements. Please check with the appropriate tourist board/embassy of the destination you are travelling to prior to departure to ensure you have fulfilled any visa/passport requirements in good time before you depart.

    2. You are responsible for providing all information to us which we or any airline or other carrier or customs or governmental body may require. This may include information about your name, passport number, nationality, date of birth, gender, country of residence, travel history, occupation, home address, point of origin, final destination and address at destination.

    3. You are responsible for ensuring that any existing medical conditions or disabilities, which may require assistance, are declared to us before you book your Holiday or, if newly diagnosed, before the date of departure. We can only accept your booking upon the clear understanding that we cannot be liable if any carrier refuses to accept you or any member of your booking as a passenger if this information is not made known to us. In all circumstances it remains your responsibility to ensure that you are fit to travel and to participate in all of the services and facilities which you have booked and undertaken and also that you have taken the relevant travel and medical insurances. We reserve the right to ask for further medical information from you if you notify a health matter to us and to refuse or cancel your Holiday in our absolute discretion.

    4. You are responsible for the behavior of yourself and all customers named on your Holiday booking. We or our suppliers reserve the right to refuse your booking or to remove you and/or any member of your booking from any Holiday arrangement if you or any member of your booking is reasonably deemed to behave in a disruptive or dangerous manner. We will make no refund or payment of any costs incurred by you or any member of your booking under these circumstances, and you may face criminal prosecution.

    5. You are reminded that Captains of aircraft have absolute authority over the aircraft and its passengers whilst boarding or in flight. The Captain or other authorized representative of an airline can refuse to carry anyone if they are unruly or are otherwise unfit to travel or are a danger to the flight or other passengers. If you are refused carriage in these circumstances your Holiday will terminate immediately and will be considered as a cancellation by you in accordance with Section 5.2 in such circumstances we will have no further responsibility or liability to you or any member of the booking.

    6. If you participate in any activity (including any sports, water sports or winter sports) whilst on Holiday such participation is at your own risk and it is your own responsibility to obtain the relevant insurance.

    7. If you receive any medical services whilst on Holiday you acknowledge and agree that such services shall be taken at your own risk and it is your own responsibility to consult appropriate health professionals on any matter relating to your health and well-being.

  9. Insurance

    For your own interest we strongly recommend that you arrange cover with a comprehensive holiday insurance policy to travel on any of our Holidays. Please contact your Etihad Holidays Agent for details.

  10. Complaints

    We plan our holiday arrangements with great care, and in the unlikely event of a complaint about any aspect of your Holiday, it should be reported immediately to the Etihad Holidays’ local representative or to the Etihad Holidays Operations Team (+971 2 599 0700), who will give a priority response to resolve in-resort issues.

    Should the matter not be resolved while you are on Holiday, any complaint must be submitted in writing within 30 days of return from your Holiday to your Travel Agent or to Etihad Holidays, Guest Relations Department, P.O. Box 35566, Khalifa City A, Abu Dhabi, United Arab Emirates, or by e-mail to feedback@etihad.ae

    We regret we cannot entertain claims outside this period. Etihad Holidays

    Applicable on or after 01 August 2016 until further notice.

Etihad Airways P.J.S.C Holiday Packages Agency Aggrement Schedule 3: PARTICIPATING AGENCIES Version: EY/EYHAGT/Sched3/2018

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