1. YOUR HOLIDAY CONTRACT
1.1 When you make a booking you guarantee that you are over 18 years of age and have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by the laws of England and Wales, and the exclusive jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
1.2 In these booking conditions all references to “you” include references to the lead named person on the confirmation invoice and all persons on whose behalf a booking is made.
1.3 We reserve the right to make changes to the details contained in our adverts or on our website at any time before a contract is formed. Any such changes will be communicated to you before we issue our confirmation invoice.
2. BOOKING CONFIRMATION AND YOUR RESPONSIBILITY
2.1 As the majority of bookings are made over the phone, there is a possibility that you or we could misinterpret what was said. Consequently we will send confirmation directly to you by email or post. If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. The confirmation and ATOL Certificate will contain the names of the passengers, which MUST be correctly spelt (including the initial or first name), the dates and time of travel, departure and arrival cities and other relevant information. Any mistakes may mean that you are unable to travel.
2.2 You agree that you will carefully check the written confirmation which we send to you to ensure that it is correct and exactly matches what you booked. If it is not you are required to contact us within 7 days of receiving your confirmation to inform us of any inaccuracy, and take a note of whom you reported it to. We will be entitled to charge you the costs which we incur to correct any inaccuracy which is attributable to you. If you fail to notify us of any inaccuracies within 7 days of receiving your confirmation we may be unable to correct the inaccuracy.
3. YOUR FINANCIAL PROTECTION
3.1 We provide full financial protection for our package holidays.
3.1.1 For our flight based holidays this is through our Air Travel Organiser's Licence number 6010. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we 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 or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
3.1.2 When you buy a package holiday that doesn’t include a flight, protection is provided by a bond held by Reader Offers Limited with ABTA. For further information please see www.abta.com.
4. YOUR HOLIDAY PRICE
4.1 We reserve the right to alter the prices of any of the holidays shown in our adverts or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
4.2 When you make your booking you must pay a non-refundable deposit the amount of the non-refundable deposit will be notified to you at the time of booking. The balance of the price of your travel arrangements must be paid at least 20 weeks before your departure date. If the deposit and/or balance are not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time and we choose to cancel your travel arrangements we shall retain your deposit and the cancellation charges in clause 6 below will apply. All reservations made less than 20 weeks prior to departure require full payment at the time of booking. Some promotional airfares also require full payment at the time of booking.
4.3 Payment may be made by any of the following methods:
4.3.1 by Direct Debit or;
4.3.2 by bank transfer to our bank account; or
4.3.3 by cheque; or
4.3.4 by Debit or Credit Card
You agree to make payment of all sums payable under these terms in time to ensure that we have received payment in full in cleared funds by the relevant due date.
4.4 Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel:
4.4.1 you must do so within 14 days from the date on your final invoice;
4.4.2 we will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
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 have no impact on the price of your travel due to contractual and other protection in place.
5. IF YOU CHANGE YOUR BOOKING
5.1 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 best to help, however we may not always be able to meet your request and we cannot guarantee that we will be able to do so. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £75 per person, and any further cost we incur in making this alteration. Whenever requested changes are possible, the total itinerary costs will be recalculated, taking into account any seasonal flight or occupancy rates, cancellation charges or other supplements and a revised invoice will be issued. 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 to request any changes.
5.2 Certain travel arrangements (e.g. Apex Tickets) 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. Please note that changes to flights are often treated as cancellations by airlines. Dependent on the flights booked, you may not be able to make any changes after we have confirmed the booking without you having to pay the full cost of the tickets originally booked.
5.3 Where we are unable to make any requested changes and you do not wish to proceed with the original booking we will treat this as a cancellation by you and cancellation fees will apply in accordance with clause 6 below.
5.4 If you choose to deviate from your confirmed itinerary once you are in resort you do so at your own risk. If you deviate from the itinerary then our local representative will be unable to notify you of any changes to your itinerary and you may miss important aspects of your itinerary including (without limitation) transport to and from your accommodation and the relevant port or airport In these circumstances we will not be liable for any losses or costs which you incur as a result, unless these are due to our improper performance of the contract.
6. IF YOU CANCEL YOUR HOLIDAY
6.1 To cancel your travel arrangements you must notify us in writing. Since we incur costs and suffer loss in cancelling your travel arrangements, you will have to pay cancellation charges as follows:
Period before departure in which you notify us
140 days or more
139 - 58 days
50% of holiday cost
57 – 0 days
100% of holiday cost
6.2 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
7. IF WE CHANGE OR CANCEL YOUR HOLIDAY
7.1 As we plan your travel arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
7.2 The term “Force Majeure” when used in these booking conditions means if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, nature or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics and/or unavoidable technical problems with transport.
7.3.1 Minor’ changes, if they occur, may not necessarily be advised and will not qualify for compensation. The order and timings of your confirmed itinerary are subject at all times to changes, substitutions and variations, without notice, and this will always be considered a ‘minor change’ for which no compensation will be payable. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
7.3.2 If we make a major change to your holiday, we will inform you as soon as reasonably possible if there is time before your departure. A major change includes (for example) changing your departure airport (except between Heathrow, Gatwick, Luton, Stansted and London City) dependent upon particular circumstances, or a difference of more than 12 hours in departure times, or a change in your cruise ship, resort area or an offer of a lower classification cabin or hotel accommodation.
7.3.3 If we make a major change to your holiday, you will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of equivalent or superior quality from us if available, accepting an offer of alternative travel arrangements of a lower quality (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see clause 7.5 below). These options don't apply for minor changes.
7.3.4 You must notify us of your choice within 7 days of our offer of the alternative travel arrangements. If you fail to do so you agree that we are entitled to assume that you have chosen to accept the alternative travel arrangements and you agree that we can process your booking for the alternative travel arrangements.
7.4.1 We will not cancel your travel arrangements less than 18 weeks before your departure date except for reasons of Force Majeure (please see the definition of this term at clause 7.2 above) or failure by you to pay the final balance by the due date for payment.
7.4.2 If we cancel your holiday (unless this is due to pay the final balance by the due date for payment in which case clause 4.2 shall apply), you will have the choice of accepting an offer of alternative travel arrangements of equivalent or superior quality from us if available, accepting an offer of alternative travel arrangements of a lower quality (we will refund any price difference if the alternative is of a lower value), or receiving a full refund of all monies paid. In some cases we will also pay compensation (see clause 7.5.1 below).
7.4.3 You must notify us of your choice within 7 days of our offer of the alternative travel arrangements. If you fail to do so we are entitled to assume that you have not accepted the alternative travel arrangements and will make arrangements to refund the monies paid by you.
7.5.1 If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of Force Majeure (please see the definition of this term at clause 8.2 above). The compensation will be payable for each paying passenger on your booking. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you
Amount you will receive from us
More than 125 days
58 - 125 days
0 – 57 days
8. IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Client Services address set out above, giving your booking reference and all other relevant information. Please keep your letter concise and to the point so that we can identify and respond to your complaint as quickly as possible. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. 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. Please also see clause Error! Reference source not found. above on ABTA.
9. OUR LIABILITY TO YOU
9.1 If we fail to perform the contract, we will pay you compensation, if appropriate; unless the failure is:
9.1.1 attributable to you; or
9.1.2 attributable to a third party unconnected with the provision of the travel arrangements and such failures are unforeseeable or unavoidable; or
9.1.3 due to Force Majeure; or
9.1.4 due to an event which we or our suppliers, even with all due care, could not foresee or forestall.
9.2 Our total liability in respect of the relevant travel arrangements, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited to any lower amount calculated in accordance with and/or in an identical manner to:
9.2.1 the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
9.2.2 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 contractual terms, or the international conventions, from our Client Services department.
9.3 Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
10. PROMPT ASSISTANCE IN RESORT
If the contract we have with you is not performed or is improperly performed as a result of any of the circumstances listed in clause 9.1 although we will not be liable for the failure we will offer you such prompt assistance as is reasonable in the circumstances.
11. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
11.1 We can provide general information about the passport and visa requirements for your trip.
11.2 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.
11.3 We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.
11.4 Please take special note that for all air and sea travel within the British Isles, airlines and other travel suppliers require photographic identification of a specific type. Please ask us for full details.
11.5 We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
11.6 The Foreign & Commonwealth Office (FCO) provides general advice about most destinations around the world. You can visit www.gov.uk/knowbeforeyougo to access travel information from the FCO.
12. EXCURSIONS, ACTIVITIES OR TOURS
Only excursions, activities or other tours referred to in the travel itinerary we issue to you form part of your package holiday, any excursions, activities or other tours which you choose to book or pay for whilst you are on holiday or directly with the supplier before travel are not part of your package holiday provided by us. For any excursion, activity or other tour that you choose to book or pay for whilst you are on holiday your contract will be with the operator of the excursion, activity 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.
13. SPECIAL REQUESTS
13.1 Requests for adjacent adapted or non-smoking rooms, etc. or any other special requests should be made at the time of booking. Whilst we make every effort to facilitate a special request, we cannot guarantee that we will be able to and such requests do not form part of your contract with us. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special request being met.
13.2 To eliminate error, specific airline seating arrangements, meal requests and any wheelchair requests should be made by passengers at the time of booking. It should be noted that your air ticket provides you with transport from your city of departure to the city of arrival and is no guarantee of a particular seat aboard the plane, which the airline reserves the right to change, even after confirmation.
14.1 We require that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pre existing medical conditions; and other expenses. You agree to confirm to us in writing when requested the name of your insurance company and your policy number. If you fail to provide this information we will be unable to send out your travel ticket and you will be unable to travel. We will be unable to refund any of the monies paid by you unless you are entitled to a refund under clause 7 above.
14.2 It is your responsibility to ensure that any insurance you purchase is adequate,
14.3 Please check your policy carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions) and take the policy documents with you on holiday. Failure to disclose relevant information will affect your insurance.
15. CUTTING YOUR HOLIDAY SHORT (CURTAILMENT)
15.1 If you are forced to return home early and this is not due to our failure to perform the contract, we cannot refund the cost of any services you have not used, or assist you with any associated costs you may incur, but you may be covered by your travel insurance. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
16.1 All guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our reasonable opinion or in the reasonable opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
17. DISABILITIES AND MEDICAL REQUIREMENTS
17.1 We are not a specialist disabled holiday company. We will do our utmost to cater for any special requirements you may have, but we cannot guarantee that we will be able to meet these requirements.
17.2 If you or any member of your party has any medical requirement or disability which may affect your stay, please provide us with full details before you make your booking so that we can advise as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the travel arrangements.
17.3 Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned despite making any reasonable adjustments we can make, we will not confirm your booking or if you did not give us full details at the time of booking, we will be entitled to cancel your booking and treat this as a cancellation by you under clause 6.
17.4 Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. Women who are 24 or more weeks pregnant will require a medical certificate of fitness to travel. Some airlines/ refuse to carry women who will be 28 weeks or more pregnant on the date of return travel. Please check with the airline concerned as their rules may vary and also consult your doctor.
18. DATA PROTECTION
18.1 In order to process your booking and to ensure that your travel arrangements can be properly performed we need to collect certain personal details from you. These will include, where applicable, the names and addresses of your party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons whether inside or outside the EEA. We have appropriate security measures in place to protect the personal details you give us.
18.2 We will not however pass your data to unauthorised third parties.
18.3 You can ask us in writing what personal data we are processing about you, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. Full details of our data protection policy are available upon request.
19. IDENTITY OF CARRIER
19.1 In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We can confirm the carrier as detailed on the confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change for the purposes of clause 7.3 above.
20.1 Details of the relevant flight aircraft operator, routing and destination cannot always be given at the time of booking. Please note that it is sometimes necessary to change the carrier, aircraft type, routing (e.g. from direct non-stop to indirect with stops) after you book and if this happens, you will not be entitled to cancel the contract or claim compensation unless this constitutes a major change to your holiday.
20.2 As between you and any airline, the airline’s standard conditions of carriage will apply which may limit the airline’s liability to you in certain circumstances. Airlines rescheduling, flight timings and aircraft are subject to such matters as regulatory control, maintenance requirements, weather conditions and the ability of passengers to check in on time. Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. We cannot be held liable if there is any change to a departure/ arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights, with the airline, 72 hours prior to departure. We are also unable to make any special arrangements for the client if the client is delayed; these matters are in the sole discretion of the airline concerned. When you receive your tickets and travel documents you should check them carefully as times may have changed since you made your booking. You should also check for any errors. The information on the ticket is deemed correct unless we are advised by you of any errors within 72 hours of receipt. You must check in at least three hours before the stated departure time. We will not be liable for any costs you have to pay if you fail to meet this deadline.
21. FLIGHT DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
21.1 If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. We will provide you with assistance in these circumstances. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances.
21.2 Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/ transport/modes/air/safety air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
21.3 Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
22. STAR RATING
22.1 Please note that the star rating applied to any particular aspect of your travel arrangements is the star rating we have applied following liaison with local suppliers, it is not an official rating. If you have any concerns regarding the star rating applied to any aspect of your travel arrangements please notify us of your concerns as soon as possible and ideally whilst in resort.
23.1 Please note that in accordance with Air Navigation orders, infants must be less than 2 years of age on the date of their return flight, to qualify for infant status. Not all our destinations or suppliers accommodate infants and some of our tours will not be suitable for infants. Please contact us prior to making a booking so that we can advise as to the suitability of your chosen arrangements for infants.