Chadwell Travel Ltd Booking Conditions
These Booking Conditions apply to your booking with Chadwell Travel Ltd of 516 High Road
Sevenkings, Ilford, Essex, IG3 8EG (“we” or “us”). Chadwell Travel Ltd has several websites and trading names including www.a1flights.com, www.a1travel.com, www.a1cruiseclub.co.uk, www.a1holidays.com and www.bargainholidaysonline.com. References to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
Our aim is for our booking conditions to be understandable and easy to read, however if you have any further questions then please contact us and we will be happy to help you.
We act in the following capacities: as an agent to help you to arrange individual holiday products, as a Package organiser and agent for third party package holiday providers, and as a Flight-Plus provider. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings. Section B applies to agency bookings (including Flight-Plus), and Section C applies to Package bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
By making a booking, you agree on behalf of all persons detailed on the booking that you have read these terms and conditions and agree to be bound by them. When making your booking, you undertake that the details you give to us are accurate and in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of your booking.
You accept financial responsibility for all transactions made under your name or account. In order to make a purchase you must be over 18 years old and failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the issue of your tickets during which time the cost of your booking may increase. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied. If you need to contact us about any aspect of your booking or about these terms and conditions, please do so, making sure that you have your reference number to hand. In most cases we can only discuss the booking with the person who made the reservation which will be deemed to be the lead name on the booking.
The balance due date is clearly listed under the Summary of Costs. It is the lead passenger's responsibility to ensure that cleared funds are received by the date detailed. Failure to adhere to this timeframe will result in a late payment administration fee of £50.00 being levied. If you are having problems paying within this timeframe please contact our Administration Department, who under certain circumstances, may be able to extend this for you. Failure to pay within the timeframe specified may result in your booking being cancelled. There are various payment options available to you. You can send a cheque to the Head Office address detailed on the front page. Alternatively, you may pay the balance with a payment card on-line via the 'Manage my Booking' tab on www.a1travel.com or over the telephone by contacting 08444 822 150. Please note that balance payments paid via this method will incur card authorisation charges - debit cards incur a 1.25% charge, and credit cards a 2.5%. Please note that we do not accept American Express. You can also do a bank transfer. Please contact our Administration Department if you wish to pay via this method and they will advise you of A1Travel's bank details.
If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Where you have booked a package provided by us, you will be subject to our cancellation charges if you fail to pay the balance. See Section C below.
Your contract with us or the supplier (as applicable) will begin when we issue your confirmation documentation to you. When making your booking, you will undertake that the details you give to us are accurate and in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of your booking.
The information advertised comes from individual suppliers, however, the data is sent by a third party. As agents for suppliers we are constrained by the information they provide. Although every care is taken to ensure our prices are correct, please be aware that as we use third party data, there may be occasions where the prices shown are incorrect. For example a £280.00 flight might be shown for £28.00. Please accept our apologies for any accidental misrepresentations on this web site or other affiliate sites. We may also receive incorrect information concerning hotel descriptions and images. We cannot accept liability for these errors. Prices can fluctuate and although every care is taken to update the prices as often as possible there are occasions when flight prices may increase or decrease, when this happens we will attempt to contact you within 3 business hours to advise of this. If this does happen no funds will be taken from your card until you authorise to do so and no contract will be in place either with us or the supplier.
If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in the relevant cancellation clause will be applicable.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must 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; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
Accommodation ratings and standards
All hotels have an official rating, which is made based on the facilities and amenities provided. The Travel Provider also awards each property their own rating, which is based on their experience and customer feedback, and this may differ from the official rating of the property. Official ratings are given by the local Tourist Board and so will differ depending on which country you are visiting. All hotels will adhere to the local Health and Safety standards and guidelines.
The facilities on offer may vary depending on the season travelling and can be removed or closed at the discretion of the hotelier. Please note that all ratings shown on this website are the operators own rating. In some cases, the supplier may display both their own rating and the official rating, which may differ.
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. Often we do receive advance notice of when it will begin, in which case you will be informed prior to making your booking or within a reasonable time of us being notified. If in any case you have not been informed, and we consider the work will have a significant effect on your stay, we will then review the option of partial or full refund.
We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests in advance before a booking is confirmed.
Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
Delivery of Documents
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by email. If you require a copy to be sent by post there will be an administration charge of £15 to issue your documentation. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.
Passports, Visas and Health
We cannot provide expert information regarding passport, visa or health requirements and it is therefore your responsibility to obtain this from the embassies or consulates of the countries you are visiting. We will not accept any responsibility if you should be denied boarding or be deported due to your failure to present the appropriate documentation when requested to do so.
Most countries now require passports to be valid for at least 6 months after your return date.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
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. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If matters are not resolved to your satisfaction locally, you must contact our emergency number for assistance. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. We must be contacted before any decisions are made where additional costs are involved, for example, purchasing more flights or moving properties. If this is not adhered to any right to make a claim will be affected.
If you wish to complain when you return home, please write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We can assist you with this if you wish - please contact the Customer Service Department on 0871 855 0520. Where we are acting as agent, the contract for your arrangements is between you and the supplier and so any queries or concerns should be addressed to them, but sent via our offices. We will then pass on your complaint and liaise with the relevant supplier on your behalf. Please note that we do so on a goodwill basis in our capacity as agent of the supplier. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are below.
Where you have booked a package holiday with us, please inform the relevant supplier (e.g. your hotelier) immediately and contact us on the numbers listed on our website or in the documentation that we have sent to you. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Relations Department giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question 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.
In all cases it is imperative that we receive full details of any claim from you within our cut off date of 28 days of your return home, and you must follow up by telephone to ensure that we have received it if you do not receive any form of acknowledgement from us within that timeframe. In the first instance please refer to our Frequently Asked Questions section on our website. If however we are unable to provide the answer to your question please contact the Customer Service Department.
We are a Member of ABTA, membership number 18930. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
When you buy an ATOL protected flight, Flight-Plus or flight inclusive holiday you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We provide financial security for Flight Plus bookings under our ATOL. When you buy an ATOL protected air holiday package or Flight-Plus from us you will receive an ATOL certificate confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 5287, or under the ATOL of the supplier concerned, as applicable.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For further information visit the ATOL website at www.atol.org.uk. However, you should note that not all holidays or services offered and sold by us will be protected by the ATOL scheme and therefore if you are unsure please ask us to confirm what protection may apply to your booking.
Where we are acting as agent, some of the suppliers that we act for may offer protection for your monies. Please check with the relevant supplier to find out whether this protection applies to your booking. For charter flights that are not with low-cost carriers, the bond will be held by the flight providers' Air Travel Organisers' licence, the name of which appears on your confirmation invoice. Please note that ATOL protection is not available for flights when your payment is made direct to airlines. Where necessary, we may add supplier failure insurance to your booking automatically in order to protect you.
If you book arrangements other than an ATOL protected flight, Package or Flight-Plus from this brochure/website, your monies will not be financially protected. Please ask us for further details.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier concerned’s control.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Low Deposit Scheme/Schedule Flight Deposits
This scheme is based on accepting a booking on a lower deposit than is actually required in order to secure your booking. The agreed amount will be taken from your card at the time of booking with the balance being taken automatically approximately 28 days later, the exact date of which would have been clearly specified to you at the time of booking. In the event that you cancel your booking you will be held liable for the difference in the cancellation charge imposed by the Travel Provider and the low deposit amount already paid.
If you have paid a low deposit, for example £39pp, the balance amount may be shown incorrectly on your paperwork, Please refer to the notes as shown on your paperwork. When paying a deposit only on a schedule flight the total flight price cannot be confirmed until full balance is received as the deposit simply secures a confirmed allocation on the aircraft but does not guarantee the flight price.
Changing or Cancelling your Booking
In accordance with the Data Protection Act we are only permitted to speak to the Lead Passenger on the booking. If the requested change is permitted you will be asked to confirm any amendment or cancellation in writing noting that any information and costs given are only valid at the time of the new quotation. It is therefore in your interest that we receive any written notification as soon as possible. If any changes have occurred in the interim we will inform you of the new details before proceeding. If you wish to cancel your booking the amount charged will depend on the charges imposed by the supplier with whom your contract is with. Please note that all Scheduled Airlines and No Frills Flights are non-refundable and any cancellations will result in 100% loss.
For any amendment or cancellation we are permitted to make an additional charge of £50.00 per person over and above that of the supplier’s cost. We also make an additional charge of £10.00 per person over and above the supplier’s cost if you choose to add an extra service related to your flights for example; pre-booked meals, baggage, seats or an upgrade etc.
Low Cost/”No Frills” Flights Only
When booking a “no frills” flight through our website you are entering into a contract directly with the airline concerned and you will be subject to their terms and conditions which you must refer to on the relevant airlines website. The airline will provide booking confirmation directly to you by e-mail and we will be unable to access or alter your booking. We will issue a confirmation invoice that details our charges for the use of this service. Please note that when you book direct with the flight provider your booking won’t usually be ATOL protected unless it forms part of a Flight-Plus. Where necessary, supplier failure insurance may be added to your booking by us. Please also see Section B below for further information in relation to our role as your agent when booking ‘no frills’ flights on your behalf.
When you book your flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider.
Data Protection and Privacy
Law and Jurisdiction
These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
SECTION B: AGENCY BOOKINGS AND FLIGHT PLUS ARRANGEMENTS
This section applies to bookings we make for you when acting as agent.
When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise Company or other supplier) named on your receipt.
For most bookings we act as agent for the supplier but we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
You may wish to purchase flights, hotel, car rental, transfer services or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations (see section C below); and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
When we act as your Agent
When making a booking with most ‘no frills’ or low cost airlines we are acting as your agent to find flight services for you, on terms to suit you. At the time of booking, we will inform you if we are acting in that capacity and in relation to such bookings, you appoint us to source those services on your behalf. Monies paid to us for such services are held by us on your behalf until they are paid to the flight provider in question. Please note that payment by you to us does not constitute payment to the travel service provider whose services we have sourced and if we collect monies from the travel service provider on your behalf, the travel service provider’s liability to pay that money to you is discharged. We accept no liability in relation to any contract you enter into or for any low cost flight services or the acts or omissions of any flight supplier(s). For all ‘no frills’ flight arrangements, your contract will be with the supplier(s) in question. Your booking for ‘no frills’ flights is subject to this clause and the specific booking conditions of the relevant supplier(s) we source for you and you are advised to read both carefully prior to booking. By making a booking where we are acting as your agent, you agree to the terms of this clause.
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them. (If we do not hear from a client for an accommodation change the supplier will assume the new accommodation is acceptable and not give the refund)
Agency bookings are made as separate components and as such any change that is actioned may affect the other components. As each section is governed by that provider’s terms and conditions no responsibility is held for any subsequent inconvenience or costs incurred to the other components as a result of the said change. For example, a travel provider may change or cancel your accommodation, for which you are entitled to a full refund, but this will not apply to the flight component that you have booked as the provider’s standard booking conditions of this element will still apply. In addition, no responsibility is taken for any effect the change or cancellation may have on any independent travel arrangements that you may have made.
Our Service Charges
The levels of our service charges or booking fees are up to £50 per person.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
Our responsibility for your booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
If for any reason any court or authority determines that we have acted outside of our agency status in any circumstances, we will therefore be a principal in relation to that booking. In such cases we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, 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 suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. The limitations contained in Section C of these booking conditions will also apply.
Occasionally, where you book a flight and other travel service(s), your booking may amount to a Flight-Plus. Where you have booked a Flight-Plus with us, we will issue an ATOL Certificate confirming that fact. In relation to such sales, we are still acting as an agent for the individual supplier(s) and your booking will not constitute a Package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. We do however accept responsibility as a Flight-Plus Arranger as defined in the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 – meaning the additional terms contained in this clause 12 will apply to your booking.
Booking a Flight-Plus with us will provide you with protection under ATOL No. 5287 in the event of supplier(s) insolvency.
What is a Flight-Plus?
A Flight-Plus exists where you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, on the same day, the day before or the day after you book the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
A Flight-Plus will also exist where on the same day, the day before or the day after you book: a) a non flight inclusive Package, you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, where you book accommodation or self-drive car hire outside the UK. Please note that a flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the definition of a Flight-Plus is no longer satisfied. Where you book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
Our Liability for Flight-Plus
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.If, before your intended departure on a Flight-Plus, we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus, we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
If, after your intended departure on a Flight-Plus, we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section we will, where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier(s) of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.
SECTION C: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser.
Definition of Package:
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
When you book travel arrangements with us, you must pay the full price of the travel arrangements at the time of booking. All monies you pay to the travel agent are held by him on our behalf at all times.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. 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 and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid 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 confirmed 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.
If you Cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable (credit card charges, booking fees, ATOL charges and service charges) in the event of the person to whom they apply cancelling).
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
If We Change or Cancel Your Package Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeureor failure by you to pay the final balance.
”Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 91 days before departure, we will also pay compensation as detailed below:
|Period before departure within which notice of Cancellation or major change is received by us or notified to you
||IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY
||IF WE CANCEL YOUR HOLIDAY
||IF YOU CANCEL YOUR HOLIDAY
|Amount of compensation you will receive from us
||Amount you will receive from us
||Amount of cancellation charge
|More than 91 days
||Full holiday cost.
|From 90 to 70 days
||Full holiday cost plus £10
||80% of holiday cost
|From 69 to 29 days
||Full holiday cost plus £20
||100% of holiday cost
|Less than 29 days
||Full holiday cost plus £40
||100% of holiday cost
We will not pay you compensation where we make a major change or cancel more than 91 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
Our Responsibilities to you in respect of Package Holidays
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii)unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv)an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
4)In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
5)It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6)Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
7)We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses 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.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt 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, if you fail to obtain our prior authorisation before making your own travel arrangements.