The Gambia Experience is operated by Serenity Holidays (Serenity Holidays Ltd). We are committed to a policy of fair trading and make every effort to ensure that you have an enjoyable holiday with us. Our terms of trade have been formulated as a result of our responsibilities under law and in no way affect your statutory rights as a consumer.
Please read this carefully and keep it with you on holiday as it sets out the basis of the contract between you and Serenity Holidays Ltd. Our registered office address is: Atlantic House, 3600 Parkway, Solent Business Park, Fareham, Hampshire, PO15 7AN, Email: Enquiries@serenityholidays.co.uk Telephone: 01489 866900
GENERAL DATA PROTECTION REGULATION (GDPR)
At Serenity Holidays Ltd, we are committed to protecting and respecting your privacy. For more information on how your personal data is collected and stored, please refer to our 'Privacy Notice' gambia.co.uk/privacy-notice.
We sell the following arrangements:
A “package holiday” is a combination of at least two of the following services (a) transport, (b) accommodation or (c) other tourist services (not ancillary to any transport or accommodation and forming a significant part of the arrangements) where booked through us at an inclusive price.
Accommodation or Flight only
If you book accommodation only through us, we will accept responsibility for your booking in accordance with the terms set out in the relevant sections below. As this is a single component, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply.
Excursions or other tours that you may choose to book with us, or pay for whilst you are on holiday, are not part of your package holiday provided by us. We act as a booking agent only for excursions that you book with us either in the UK or in resort. Your contract is with the provider of the excursions and not ourselves, and therefore we have no liability for the proper performance of that contract.
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. For packages that include flights we hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority, 45-59 Kingsway, London, WC3B 6TE (Atol no: 1866).
When you buy an ATOL protected air holiday package, or flight only arrangements, you will receive a confirmation invoice from us (or via your travel agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number . In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. If we 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 other body has paid sums you have claimed under the ATOL scheme. For further information visit the ATOL website at atol.org.uk. The price of our air holiday packages includes the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Serenity Holidays Ltd, and in the event of their insolvency, protection is provided for the following:
1. non-flight packages and
2. flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU; and
3. accommodation only bookings.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. You can contact ABTOT at: 117 Houndsditch, London, EC3A 7BT. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Serenity Holidays Ltd.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call the 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: legislation.gov.uk/.
Flight Only arrangements are protected by our ATOL (number 1866) as described above.
1. YOUR HOLIDAY BOOKING
When making a booking you must be aged over 18 years and have the authority to accept and do accept on behalf of your party the terms of these booking conditions. All correspondence and documents are sent to the party leader who is responsible to us for all payments in respect of the booking. The contract will be concluded in English and made on the terms of the information on this website, the details set out in the confirmation invoice. We agree that the courts of England and Wales have jurisdiction and English Law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable). Our confirmation invoice is our acceptance of the booking (as detailed therein), and the contract is made on its issue. We ask you to check the details and any anomaly should be reported to us or your travel agent immediately otherwise the details shown on the confirmation will be presumed to be correct. Certain components of a package are on request and subject to availability and therefore quotations should not be considered binding until the first confirmation invoice is received. All holidays and offers published are subject to availability at the time of booking.
If you wish to confirm a booking you must pay the deposit of £125 per person. Your balance will be detailed on your invoice and must be paid in full no later than 8 weeks before your departure, or your booking may be deemed cancelled and your deposits retained. In the event we need to book and pay for your flight at the time of booking, you will be quoted the cost of this before confirming your holiday and asked to pay for this sector in full, along with your deposit. It is at this time you will be advised whether the flight cost is non-refundable. If payment for your holiday is made by a commercial credit card a handling fee, currently 2%, will be levied.
3. If YOU WISH TO CANCEL YOUR BOOKING
You will need to let us know as soon as possible either by telephone or in writing (or must ensure your travel agent does so on your behalf). Since we incur costs from the time we confirm your booking, the cancellation charges set out below will apply, calculated from the date on which we receive your notice of cancellation. You will then receive a cancellation invoice, detailing any charges.
No. of days before departure cancellation charge
|No of days before departure || |
|More than 56 days || |
Loss of deposit
|43 - 56 days || |
|29 - 42 days || |
|15 - 28 days || |
|less than 15 days || |
The charges above apply to your total holiday price excluding any insurance premiums, amendment charges or charges for goods sold and dispatched. Please note that charges may be higher than those shown where your travel arrangements have been confirmed to you as "non-refundable". If the reason for your cancellation is covered under the terms and conditions of your travel insurance policy, you may be able to reclaim these charges.
You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
If any members of your party cancel, but the others still wish to travel, it may be necessary to re-calculate the cost per person based on the new party size as the accommodation will now be under-occupied. This may result in an increased amount per person payable to secure the original booking.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.
4. LOCAL INFORMATION
We have taken all care to ensure the information we give regarding local festivals and events is accurate. We ask that should this be important to you, you thoroughly research your chosen area before booking.
5. CHARGES FOR NON-INCLUSIVE HOTEL ITEMS AND DAMAGES
You enter into a separate contract with the hotel or residence for these items (e.g. parking, bar bills etc.), and agree to pay locally for any charges for items or services used by your party and not included in your holiday price. The accommodation we arrange for you can only be used by those people named on your Invoice. You are not allowed to share the accommodation with anyone else or let anyone else stay there.
6. IF YOU REQUEST A CHANGE TO YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be made from the person who made the booking or your travel agent. You will be asked to pay an administration charge which will be advised at the time, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
7. IF YOU BOOK THROUGH A TRAVEL AGENT
We will assume that in dealing with us the agent is acting on your behalf in respect of any changes or cancellation to your booking. When you buy a flight-based holiday, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent's obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
8. IF WE CHANGE YOUR HOLIDAY
Although it is unlikely, we may occasionally have to make a change to your holiday arrangements and we reserve the right to change or cancel your booking. Most changes are minor, and we will always endeavour to advise you or your travel agent of any such changes at the earliest possible date.
Note: Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us.
Package Holiday & Flight only:
A change of airline, aircraft type, overseas airport of destination, travel timings by 12 hours or less and accommodation of a similar or higher standard in the same resort or region are classed as minor changes which do not entitle you to cancel or change to another holiday / flight without paying our normal administration charges, and for which no compensation or refund is due.
The carrier may occasionally have to change the type of aircraft used on a flight without warning. In such circumstances where you have booked and paid an additional seat supplement and such seat cannot be provided, then you will receive only a refund of the supplement paid.
Occasionally, we have to make a significant change to your travel arrangements or accommodation. A significant change is a change made before departure, which, on the basis of the information given to us by you at the time of booking we can reasonably expect will have a major effect on your holiday. The following changes are examples of major changes: changing travel times by over 12 hours, your UK departure airport (excluding London airports), your holiday region, a change to a lower standard or type of accommodation or reducing the number of days’ holiday.
If we have to make a significant change or cancel your holiday we will tell you as soon as possible. Where possible, we will offer the following options: you can either a) accept the changed arrangements b) purchase another holiday/flight from us at the advertised current selling price or c) cancel your booking upon which we will refund your monies in full and final settlement.
If you have booked a package holiday, subject to the note below, if you choose to cancel and accept a refund, we will pay compensation as follows:
No. of days before departure amount for each full fare paying adult.
|No of days before departure || |
Amount for each full fare paying adult
|More than 56 days || |
|43 - 56 days || |
|29 - 42 days || |
|15 - 28 days || |
|Less than 15 days || |
Accommodation only: If we make a change to your accommodation and you don't want to accept it, you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive) or a refund of the money you've paid to us. This does not apply where the change is not material. Example of non-material changes include, but are not limited to, temporary withdrawal of facilities or seasonal unavailability of amenities. If we have to cancel, again we may be able to offer you an alternative. If you accept it, you would pay the difference if it was advertised at a higher price than your original accommodation, or receive a refund of the difference if it was advertised at a lower price. Or we will refund the monies you have paid us for your accommodation. We will not be responsible to pay any compensation following a change or a cancellation by us.
Note: (applicable to Package Holiday, Accommodation, Excursion or Flight only bookings): If a change or cancellation occurs because of circumstances beyond our control, for example war, threat of war, riots, civil disturbances, actual or threatened terrorist activity and its consequences, industrial disputes, natural and nuclear disasters, fire, health risks, adverse weather conditions, hurricanes, floods, closure or congestion of airports or ports, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation payments, expenses or any other sums, including the costs of securing alternative accommodation will be paid by us.
We are a member of ABTA, membership number V5963. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
Alternatively, AITO’s Independent Dispute Settlement Service may be called upon by either side to bring the matter to a speedy and amicable solution, but please be aware this scheme is not registered by the ADR (Alternative Dispute Resolution).
10. IF YOU HAVE A COMPLAINT
In the unlikely event you have cause for complaint during your holiday, please inform the hotel or site management and our local representative. It is unreasonable for you to take little or no action and wait until you return to complain, and you must take reasonable steps to minimise the consequences of the problem. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If a problem cannot be resolved locally please follow this up in writing to our Customer Relations Department at our UK office, with any supporting evidence, within 28 days of your return from holiday. Please also see clause 9 above on ABTA.
11. OUR RESPONSIBILITY
Package Holiday: If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of  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 for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices: Serenity Holidays Ltd, Atlantic House, 3600 Parkway, Solent Business Park, Fareham, Hampshire PO15 7AN. We do not accept liability for happenings or actions outside our control, e.g. delays to travel services, the temporary invasion of pests, the presence of indigenous animals or insects, government action, industrial disputes, damage or inconvenience resulting from the weather (e.g. drought conditions) or from acts of God, or your party’s negligence resulting in loss or accident. 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. If you have taken our recommended insurance cover, you must make an insurance claim in respect of any legal fees incurred abroad for that purpose, and if you have taken alternative insurance, you must do likewise under any Legal Expenses cover provided by it. You must also provide us with the confirmation from the insurance company of receipt of your notification to them of your claim.
Excursions: Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Accommodation only: We have a duty to select the accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations:
i. where the accommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
ii. where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
iv. where any loss or damage relates to any services which do not form part of our contract with you. If we are found liable to you on any basis, we will limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.
12. YOUR RESPONSIBILITY
You undertake to exercise reasonable care in respect of your holiday accommodation and its contents and to respect local and on-site regulations and to limit party numbers to those on your confirmation. In the event of substantial damage/abuse to your holiday accommodation, we reserve the right to ask you to leave and find alternative accommodation at your own cost.
Some of our self-catering properties have a security deposit against them which you will be required to pay a on arrival to cover against any breakages, damage, losses or extra cleaning. The amount will be notified to you at the time of booking and shown on your invoice.
Should there be no security deposit, or this prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for immediate payment.
13. PRICES AND SURCHARGES
The price of your holiday was calculated using the following exchange rates:
For travel between November 2018 and April 2020 - £1 = €1.12 on the 19th December 2018
We reserve the right to change your holiday price after you’ve booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked.
There will be no charge within 20 days of your departure. We will absorb such increases up to 2% of your basic holiday price (excluding insurance premiums and any amendment charges). If the surcharge is greater than 8% of your holiday price you have the option of changing to another holiday that we offer (if we are able to offer an alternative you will not have to pay more, but if it is of a lower quality you will be refunded the difference in price) or you have the right to cancel (within 14 days of receiving surcharge notification), in which case we will refund in full all monies paid to us except insurance premiums and any amendment charges. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes will have no impact on the price of your holiday due to contractual and other protection in place.
Accommodation or Flight only:
We reserve the right to pass on all increases. If we ask you to pay us any increases in taxes, similarly, if any taxes you have paid to us are reduced or abolished, you will be entitled to claim a refund. Such right shall not apply in respect of any surcharge paid in respect of aviation fuel costs.
14. PRICING ERRORS
Whilst every effort is made to ensure the accuracy of all the information and prices provided to you, regrettably errors do occasionally occur. In the event that an incorrect price has been given in error, any booking made based on this price, will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid.
15. TRAVEL SERVICES
When you travel by air the relevant carrier’s ‘Conditions of Carriage’ will apply to your journey, some of which may limit liability or exclude liability in accordance with the relevant international conventions. Copies of the conditions are available for inspection at any ABTA travel agent or from us. Information given by us about such services is for guidance only and the carriers concerned accept no responsibility for our brochures. It is your responsibility to report promptly at the check-in times given by the carriers and with the appropriate valid travel documents (e.g. Passports), and we cannot be held responsible for any costs incurred by you if you fail to do so. Occasionally there are times beyond our control when a flight is delayed. We will work closely with the airline and our resort office to make sure any delay is as short as possible and that your overseas transfer and accommodation arrangements are changed if necessary. Our aim is to minimise the inconvenience of delays as far as possible.
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 delays to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Please note that reimbursement in such cases is the responsibility of the airline and 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 8 ‘if we change your holiday’. If your airline does not comply with these rules you should complain to the Passengers Advice and Complaints team at the CAA (email: firstname.lastname@example.org website caa.co.uk).
16. TRAVEL INSURANCE
It is a condition of booking that you must have comprehensive travel insurance and we would recommend that this also makes provision for any damage to your holiday accommodation and it’s contents. If you require a quote, you may wish to contact travel specialists Travel & General on 0330 880 3625 or visit their link on the insurance page of our website.
17. SPECIAL REQUESTS
If you have a special request with your holiday arrangements you must discuss this with us at the time of booking. We will always try to meet your requests where possible but cannot guarantee their provision. Failure on our part to meet such requests cannot be considered a breach of contract and we are unable to accept any bookings that are conditional on a special request being fulfilled.
18. MEDICAL CONDITIONS / REDUCED MOBILITY
If you have any medical condition or disability which may affect your holiday (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking as not all of the properties / hotels we feature will be deemed suitable. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. Failure to do so may limit your rights under the Package Travel and Linked Travel Arrangements Regulations 2018.
19. SEASONAL FACTORS AND FACILITIES
Fewer facilities may be available for you on holiday at your accommodation or in the local area at the beginning or end of the season due to weather conditions or lack of support. This includes, but is not limited to, swimming pool opening, restaurant opening times and beach facilities. This is usually reflected in the lower season pricing and we cannot be held responsible for their lack of provision. In the case of swimming pools: compliance with any water conservation regulations imposed in times of drought, damage or malfunction of the mains water supply. The above are understood to be a result of force majeure and not to reflect on our failure to deliver an advertised facility. We shall always endeavour, when possible, to advise you of the withdrawal of any facilities if and when we are given reasonable notice.
It is the responsibility of all customers to ensure they have a valid passport and to check entry requirements such as passport validity and any required visa. For further information on passport and visa requirements, please contact the Foreign and Commonwealth Office at fco.gov.uk.
21. HOLIDAY PARTICIPATION
Should anyone be refused admission to the flight or to the destination country by the airline or government authority then we are powerless to assist and cannot be held responsible. Any passengers considered being unacceptably under the influence of alcohol or drugs may be denied boarding to the aircraft or entry into the country. In these circumstances we shall consider the customer as having given notice of cancellation and be under no liability for any costs or charges incurred as a result of our doing so.