Please read these Booking Conditions carefully prior to making any bookings. References to “you” and “your” in these Booking Conditions means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
By making a booking, you agree on behalf of all persons detailed on the booking that he/she:
- a has read these Booking Conditions and has the authority to and does agree to be bound by them;
- c is over 18 years of age;
- d accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Single component bookings: Where we sell a single component travel service to you such as flight, hotel or car hire only, we act as an agent in respect of all such bookings and Section A applies to all such bookings. We do not provide any financial protection for single component bookings except for some flights which are protected by our Air Tour Operator’s Licence (“ATOL”). Not all of our flight-only sales are ATOL protected: where we sell and issue tickets as an authorised airline ticket agent, no ATOL protection applies. We will tell you when you are purchasing an ATOL protected flight and you will be issued with an ATOL certificate. See Section A, Clause 9 for further information on ATOL protection.
Packages that we organise: where we combine and sell two or more different types of travel services to you for the purpose of the same trip or holiday, such as a flight and hotel, or hotel and car hire, so as to create a package holiday, your contract(s) will be with the supplier(s) or principal(s) on behalf of who we act as agent, but we will accept responsibility for performance of those contracts as a package organiser in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (“Package Travel Regulations”) and arrange financial protection for your package. Section B sets out the terms and conditions that will apply in addition to Section A, when you book a package that we organise. See Clause 2 below for further information as to what comprises a package and Section B, Clause 5 for details of how your package will be financially protected.
Note: if after selecting and paying for one travel service, you then book additional travel services for your trip or holiday via our company, you will NOT benefit from the rights applying to packages under the Package Travel Regulations and we will not be responsible for the performance of individual travel services.
Packages organised by a third party: Please note that occasionally we sell a package organised by a tour operator/principal acting as their agent. In that event, the tour operator/principal is responsible to you for your package and your financial protection and we act only as agent. Section A applies to all such bookings. Where a flight is included in the tour operator/principal’s package, the package will be protected by their ATOL and the ATOL holder’s name and ATOL number will be detailed in your booking confirmation.
All communications concerning customer services or your booking should be sent to Customer Services, Affordable Luxury Travel, 2nd Floor, 10-11 Percy Street, London W1T 1DN, United Kingdom or drop an email to: email@example.com
SECTION A – APPLICABLE TO ALL BOOKINGS
When making your booking we, will arrange for you to enter into a contract with each of the third party supplier(s) of your travel arrangements (such as tour operator, airline, cruise operator, accommodation provider, car hire provider and transfer provider) as specified on your booking confirmation. Your contract comes into existence once we issue the booking confirmation.
Your booking with us is subject to these Booking Conditions and as well as those of the third party suppliers who have their own terms and conditions which govern the services they provide and you’ll be bound by these. In the event of any conflict between a supplier’s terms and conditions and these booking conditions, the supplier’s term or condition that conflicts with ours will take precedence, unless it is deemed under English law to be invalid or unenforceable, in which case the relevant term or condition in our Booking Conditions will prevail. Some of our suppliers’ conditions may limit or exclude their liability to you and, because they’ll apply to your contract with us, may also limit or exclude our liability to you. Suppliers’ terms and conditions are often subject to international conventions too, which limit their (and our) liability. Copies of the relevant supplier’s terms and conditions and any applicable international conventions are available on request.
As an agent, we accept no responsibility for the acts or omissions of the suppliers or for the travel services provided by them unless we are the organiser of your package holiday under the Package Travel Regulations, in which case we will accept responsibility for those travel services in accordance with Section B of these Booking Conditions.
Your contract with us is governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so and you are resident in Scotland or Northern Ireland.
02. PACKAGE BOOKINGS
Where we combine and sell to you two or more of the travel services specified below for the purpose of the same trip or holiday, this will comprise a “Package” and we will take responsibility for the package as an “organiser” under the Package Travel Regulations as long as those travel services are: purchased together from a single visit to our website and selected by you before you agree to pay; or advertised, sold or charged by us at an inclusive or total price; or advertised or sold under the term “package” or a similar term. A summary of our responsibilities as organiser is outlined in Section B of these Booking Conditions.
Note: Where we are the organiser under the Package Travel Regulations, we will still act as agent in relation to the travel services and you will have contracts with each of the suppliers of those travel services.
The travel services, two or more of which can constitute a Package lasting more than 24 hours, are:
- a transport (e.g. flight);
- b overnight accommodation;
- c rental of cars or other motor vehicles;
- d any other tourist service not intrinsically part of one of the travel services in a. b. and c,
Other tourist services: Please note that where you have made a booking which consists of either accommodation, transport or car rental, plus one or more “other tourist services” as described at (d) above, according to the Package Travel Regulations this will only create a Package where the tourist services account for 25% or more of the value of the combined services or are advertised as, or otherwise represent, an essential feature of the Package.
Additional tourist services selected and purchased after the transport, accommodation or car rental service has started or where the tourist services are intrinsically part of the other components will not make a Package. These bookings will be treated as single component bookings and will not provide rights under the Package Travel Regulations.
Third party packages: If we sell two or more travel services that have already been combined as a Package by a third party tour operator or principal, the tour operator or principal will be the organiser and liable for your Package under the Package Travel Regulations.
Your booking confirmation will specify whether a Package has been purchased and will identify the party who is responsible for your Package. See Section B for our liabilities and responsibilities when selling a Package as organiser.
Booking enquiries may be made online on our website www.affordableluxurytravel.co.uk, or by telephone on 0203 023 7776 or in person at our agency premises (subject to social distancing guidelines). All bookings are subject to availability at the time of booking. We do not guarantee that any of the travel services that we advertise, including on our website, will still be available at the time of booking and once you have made a booking request, we will confirm availability of your chosen travel services to you.
Where you book online, the order summary email sent to you is NOT contractual acceptance of the supplier’s ability to provide these travel services, it is an acknowledgement that we have received your offer, and should the travel services be available as detailed on our website then we will issue to you a booking confirmation which is when your contract with us comes into existence and you have entered into a legally binding agreement to purchase those travel arrangements subject to the supplier’s terms and conditions and these Booking Conditions.
It is your responsibility to ensure that all names listed in the booking confirmation are accurate as per the passports of the travellers in your party and that the travel itinerary accords with your requirements. Changes are rarely possible once flight tickets and other travel documents are issued, and alterations may incur additional charges. See Clause 7 regarding amendment fees and cancellation charges.
On receipt of all travel documents please check whether the details such as names, dates and timings are accurate and advise us immediately if there are any errors or omissions. Also, please note that all flight tickets or any product supplied are non-refundable, non-changeable and non-transferable unless otherwise stated.
4. SPECIAL REQUESTS
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part. Confirmation that a request has been noted will be included on your booking confirmation invoice or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
05. FLIGHT BOOKINGS
Financial protection: When you buy an ATOL protected flight 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. You will be advised at the time of booking whether your flight is ATOL protected and if your flight is protected you will be issued with an ATOL certificate. See Clause 9 for further details of ATOL protection.
Not all of our flights are ATOL protected: some flight only sales are sold by us as agent for the airline.
Scheduled Airline Failure Insurance: Scheduled Airline Failure Insurance (or SAFI) can be purchased at your option at an additional cost to protect your payments in the event of airline failure. Please ask to see the terms of the SAFI policy for precise details of what is covered.
Availability: Seat availability and pricing is at the airline’s discretion. Flight times shown are provisional and may be subject to change, as per the airline’s booking conditions. Most airlines stipulate that bookings are non-refundable.
Fares: Airfares can increase quickly after initial quotation and so please make payment within 1 hour of your booking having been confirmed in order to guarantee the fare offered. If your fare has changed by the time you make payment, you will have a right to cancel and claim a full refund if you do not want to proceed with the booking.
Indirect flights: Please note that some flights may be indirect and fly via other airports. Where an indirect flight is offered, full details of any flight stopovers will be made clear to you at the time of booking.
Baggage allowance: The free baggage allowance offered to the passenger differs significantly from airline and airline and depending on the route. Our prices include the standard baggage allowance allowed by the airline. The allowance you are entitled to will be shown in the booking conditions of your airline. Some airlines may allow additional luggage to be added after the booking – this depends on the terms and conditions of the individual airline to which you should refer.
Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline that does make a charge for hold luggage, it is not included or displayed in our headline prices and the option to add this extra facility will be offered to you at the time of booking. Should you choose not to take any hold luggage on your trip then you will receive the standard hand luggage allowance as detailed in the airlines booking conditions which is normally between 5 and 10kgs but please check your booking confirmation which will specify the hand luggage allowance. Bags must be no larger than the dimensions allowed by the airline in question for carry-on luggage. For further information please refer to the airline booking conditions.
Please note many countries including the UK have importing food, plant and animal products. You should ensure that you do not carry any restricted items.
Check-in: Check-in procedures are included in the booking confirmation email we send to you. Some airlines will require this check-in to be carried out online; where this is required, failure to check-in online will result in check-in fees at the airport which you will be liable to pay for. It is your sole responsibility to follow the airline’s check-in procedures and to check-in in good time for your flight. Tickets cannot be refunded or changed because of a no show or late check-in at the airport. To allow adequate time for security and check-in procedures, we recommend that you arrive at the airport 3 hours before your departure time. Check-in counters generally close 60 minutes prior to departure.
Amendment and cancellation: Most flight bookings are non-refundable by the airline and any amendment or cancellation will incur charges. See the individual airline’s booking conditions for further details and Clause 6 below. As we are your booking agent, please contact us in the event of any amendment or cancellation – see Clause 6 below.
06. PRICE AND PAYMENT
The price of your holiday includes all taxes and additional fees, charges and costs that are known at the time of your booking. Where such additional taxes, fees charges and costs cannot be calculated prior to you making a booking you will be given an indication of the type of additional costs that you may still have to bear.
In order to book your chosen travel arrangements, you will be required to pay an instalment/deposit on account of the full price or the full balance at the time of booking depending on when you make your booking relative to the travel departure date. You must also pay any applicable insurance premiums and booking fees.
If only a part payment is made, the balance must be paid on or before the due date that we stipulate in your booking confirmation. Failing to do so may result in cancellation of the booking by the principal(s) or supplier(s) and may incur cancellation fees set out in their terms and conditions.
Payment Plans by instalments. You may select and agree to opt for our Payment Plan option which are interest-free monthly payment instalments, with Affordable Luxury Travel.
Note: Except where otherwise advised or stated in the terms and conditions of the supplier concerned, all monies you pay to us for travel arrangements will be held on behalf of the supplier/principal concerned, with the exception of bookings protected by an ATOL. Any money paid to us in respect of a booking protected by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL holder for so long as the ATOL holder does not fail financially. If the ATOL holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL holder.
07. CANCELLATION AND AMENDMENT
Cancellations: You may cancel your booking at any time. Cancellation requests must be sent to us in writing to Customer Services, Affordable Luxury Travel, 2nd Floor, 10/11 Percy Street, London W1T 1DN, United Kingdom, or by email to firstname.lastname@example.org, by the lead name on your booking and it will not take effect until received by us. Upon receipt of your cancellation request, the principal(s) or supplier(s) may be entitled to charge a cancellation fee as specified in their terms and conditions. Cancellation fees may be as much as 100% of the total price of the travel service depending on when cancellation occurs. Bookings are usually non-refundable unless stated otherwise any time after the date of booking.
Amendments: If you want to amend any aspect of your booking you must notify us in writing by post at Customer Services, Affordable Luxury Travel, 2nd Floor, 10/11 Percy Street, London W1T 1DN United Kingdom or email to email@example.com We cannot guarantee that an amendment can be made after your booking is confirmed and this will depend on the terms and conditions of the supplier(s) of the travel service(s).
We strongly recommend that you take out sufficient travel insurance in order to cover you and your party and many of the principals or suppliers of the travel services that we sell require you to do so as a condition of booking with them. In addition, certain destinations have made it compulsory to take out travel Insurance – we will advise you where insurance is compulsory. We recommend that your insurance policy covers you, as a minimum, against the cost of cancellation by you; the cost of medical assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
09. FINANCIAL PROTECTION
Flight only: We provide financial protection for some (but not all) of our flight-only services by way of our Air Travel Organiser’s Licence number 3517, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, TH6 0YR telephone 0333 103 6350, email firstname.lastname@example.org. When you buy an ATOL protected flight 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.
Note: Flights that we sell as authorised ticket agent for the airline are not protected. We will tell you at the time of booking if your flight is ATOL protected and issue you with an ATOL Certificate. If you do not receive an ATOL Certificate, your flight will not be ATOL protected.
Flight package: Where we sell a flight package as agent for the organiser, you will be protected by the organiser’s ATOL and the ATOL holder’s name and number will be detailed in your booking confirmation. Where we sell a flight package as organiser, please refer to Clause 7 of Section B which will apply. Where your flight is ATOL protected, we or the suppliers of the services you have bought will provide you with the services you have bought (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 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, 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.
Non-flight package: Where we act as agent for a package organised by a third party, we will advise you of the financial protection arranged by the organiser in the case of the organiser’s insolvency. We are only responsible for arranging financial protection for your package where we are organiser (see Section B Clause 7).
10. DELIVERY OF DOCUMENTS
All travel documents (e.g. tickets/Insurance policies) will be sent to you by email 21 days prior to departure and/or within 48-72 hours following full payment of your booking (subject to holiday type) or by post on request, except in the case of a very late booking, in which case documents can be sent shortly. Once documents are posted to you, no liability will be accepted by us unless the loss of documents are caused due to our negligence. In such instances if the tickets or other documents need to be reissued, all the costs should be borne by you. Documents can only be reissued up to 7 days before departure. You may request for delivery by other means if necessary, e.g. courier provided that this is at your cost.
11. PASSPORTS, VISAS AND HEALTH
It is your responsibility to inform us of any medical conditions and reduced mobility before you book so that we can ensure suitability of your trip for your particular needs.
It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.
You must provide us with full details of any existing medical condition, allergy or disability that may affect your travel arrangements (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability we can also cancel the booking when we find out full details if in our reasonable opinion, the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required.
Although we can provide general information about the passport, visa (including approximate time to obtain) and health formalities in your destination countries, it is your responsibility to check, fulfil and confirm your own specific circumstances with the relevant Embassies and/or Consulates and your doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Please take special note that for all air travel within the British Isles, airlines require photographic identification either a passport or driving licence.
Passports Most countries now require passports to be valid for at least 6 months after your return date.
Visas In some countries a transit visa is required for passing through the country with connecting flights. We will advise you if a transit visa is required for your travel. Please also check the UK government foreign travel website for the most up to date information on visa entry requirements at www.gov.uk/foreign-travel-advice
An ESTA visa is a necessary requirement for all USA bound travel as well as transiting the USA; an ETA visa is a necessary requirement for all Australia bound travel as well as transiting Australia. Please check if your flight has an alteration involving two separate airports with the path, it is your duty to arrange the transfer to the correct airport and to arrange a transit visa if applicable. Special conditions apply for travel to the USA and all passengers must have individual machine-readable passports. Please check www.uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure. Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
Security: Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.gov.uk/travelaware. See Clause 18.
Children: Additional documentation is usually required by airlines in relation to children travelling without their parents or unaccompanied, so this must be notified to us in advance. We will not be responsible for any refusal to embark or delay due to any failure to obtain the requisite documentation.
Pregnancy: Most airlines reserve a right to refuse embarkation to a woman who is in advanced pregnancy. Accordingly, please tell us at the time of making your booking if you or someone in your party is pregnant (or becomes pregnant before departure) so that we can check the policy of the relevant airline and advise you accordingly. A medical certificate from a doctor confirming fitness to travel may be required. We do not accept responsibility for anyone who is refused travel due to pregnancy if we have not been notified of the pregnancy or if the advice we have given has not been followed.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any such requirements or formalities.
12. FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport – see Clause 5 (Check-in). It may be necessary to reconfirm your flight with Affordable Luxury Travel prior to departure. Please ask us for your airline contact details so that you can check directly with the airline if necessary, for any changes to the scheduled itinerary and reconfirm your flight at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
All passengers arriving into the UK and passing through the UK border must fill out a Passenger Locator Form 48 hours prior to arrival into the UK. Click here for the form.
Passengers may be required to take a PCR test several days before their flights, depending on the destination and passengers are advised to contact the relevant embassy to obtain the latest requirements prior to travel. Click here for more information.
In our capacity of agent, we will assist you with any complaints and you may contact our Customer Services by email: email@example.com or by post to Customer Services, Affordable Luxury Travel, 2nd Floor, 10-11 Percy Street, London W1T 1DN , United Kingdom. However, as the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them in the first instance. If you have a problem with your travel arrangements whilst on holiday, this must be reported to the principal/supplier/their local supplier and the travel agent immediately. If you fail to follow this procedure there will be less opportunity for the principal/supplier to investigate and rectify your complaint. As a result, the amount of compensation you may be entitled to may be reduced or you may not receive any at all.
If you wish to complain when you return home, please write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services at firstname.lastname@example.org. If the matter cannot be resolved and it involves us or another ABTA Member then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at www.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.
14. RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel 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 the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit 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.
Note: Where we are the organiser of a Package under the Package Travel Regulations, we will accept responsibility for that package as organiser and the additional terms and conditions in Section B will apply
15. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
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 unavoidable and extraordinary circumstances beyond our (or a supplier’s) control the consequences of which could not have been avoided even if all reasonable measures had been taken (“Unavoidable and Extraordinary Circumstances”) . For the purposes of these Booking Conditions, unavoidable and extraordinary circumstances include, but are not limited to, warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, pandemics or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the supplier(s) control.
Brexit Implications: please note that certain travel services may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as unavoidable and extraordinary circumstances in the terms set out above, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
16. ACCOMMODATION RATINGS & STANDARDS
All ratings are as provided by the relevant supplier or are our own average ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the accommodation and include this within the description of the accommodation on our website.
You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower.
17. DOCUMENTATION & INFORMATION
All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier in question are intended to present a general idea of the services provided by the supplier. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any travel arrangements or any other services please contact us.
18. SAFETY & SECURITY
You are responsible for making yourself aware of Foreign Office advice with regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly (see https:www.gov.uk/travelaware). Advice from the Foreign Office to avoid or leave a particular country may constitute an Unavoidable and Extraordinary Circumstance under Clause 14 above.
19. YOUR BEHAVIOUR
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the supplier/principal’s opinion or in the 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the supplier reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the supplier/principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because 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
20. DATA PROTECTION
As part of your booking information we will need you to provide us with personal information such as name, email address, telephone number, passport number and other identifying information. We may also need to collect special category information that you provide such as health and medical information, details of any disabilities, or religion.
We will process your personal information, including special category information, for the purpose of making your booking and also pass this to the relevant suppliers of your travel arrangements or other particular persons who are a part of the provision of your travel services, as necessary to arrange your travel. Further, if required by any authorities, or as required by law, the information may be provided to public authorities such as customs or immigration. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, we will need to send this information to the US Customs and Border Protection for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, we will pass your data to suppliers outside of the EEA in compliance with the requirements of the General Data Protection Regulation as regards such transfers.
In making this booking, you understand that the personal information that you provide in your booking form may be shared with suppliers and any person required to facilitate your travel arrangements.
We are a member of ABTA, membership number Y6438, P7124. 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 www.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.
22. MINIMUM NUMBERS
Some of the travel arrangements shown on our website can only be operated if there is sufficient demand for the same and a sufficient number of people book these travel arrangements. If there is insufficient demand on subsequent confirmed bookings, we or your supplier/principal has the right to cancel the travel arrangements in question. If it becomes necessary to do so, we will notify you as soon as possible. In this situation, you will then have the choice of accepting an alternative travel arrangement of equivalent or closely similar standard. The cost of any alternative holiday offer will be the selling price at the time of change. If the alternative is cheaper, you will be refunded the difference. If the alternative is more expensive, you have the option to pay the difference. If you do not wish to take the alternative you are offered, you can choose to cancel your holiday and receive a refund of any monies you have paid to us. We will also consider an appropriate refund of insurance premiums paid, if you can show that you are unable to transfer or re-use your policy. When we cancel for lack of numbers in accordance with this paragraph no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable. In the unlikely event that we do need to cancel your holiday for the reason of lack of numbers, we will not do so less than 20 days before your arrival date if the holiday is for more than 6 days. In the case of holidays lasting between 2 and 6 days we will not cancel the package less than 7 days before the start of the package.in the case of trips lasting less than 2 days we will give you at least 48 hours’ notice of any cancellation.
SECTION B: PACKAGE HOLIDAY TERMS AND CONDITIONS
This section ONLY applies where we are organiser of your Package under the Package Travel Regulations (see Clause 2 of Section A) and should be read in conjunction with Section A of these Booking Conditions.
01. TRANSFERRING YOUR PACKAGE BOOKING
If any member of your party is prevented from travelling on their Package, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the travel arrangements making up the Package;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an administration fee per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Conditions, the supplier/principal’s terms and conditions and all other requirements applicable to the travel arrangements making up the Package.
- You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement traveller, cancellation charges may apply as indicated in Clause 7 of Section A. Otherwise, no refunds will be given for passengers not travelling or for unused services.
02. PRICE CHANGES AND SURCHARGING
2.1 Changes in the cost of the following mean that the price of your travel arrangement may change after you have booked. However, there will be no change within 20 days of your departure date.
- The price of transportation resulting from the cost of fuel or other power sources;
- The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- The exchange rates relevant to your package.
- 2.2 You may be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) 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 (iii) cancelling your holiday booking 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 which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice.
- 2.3 Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are 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.
03. CANCELLATION BY YOU
You, or a member of your party, may cancel your booking at any time by giving us written notice. Any such notice of cancellation must be given by the lead name on the booking.
Any notice addressed to us should be sent to the correspondence as stated on your booking confirmation invoice. We will apply charges from the date we receive the notice from you or your travel agent.
As we may have incurred costs in relation to the cancelled booking (including, without limitation, charges which are imposed on us by suppliers) you will be charged a cancellation fee per person which reflects the losses and costs which we incur in cancelling the booking as follows (please ask us if you would like to understand how these charges are calculated). Our cancellation charges are below:-
Where any deposit is payable by instalments, any references in the above table to “Loss of Deposit” shall mean loss of the initial deposit and the deposit balance and, if the deposit balance has not been paid as at the date of cancellation, then the deposit balance shall be immediately payable and form part of the relevant cancellation charge.
If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.
04. IF YOU CANCEL YOUR PACKAGE DUE TO UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES
If we have organised a Package for you, you have the right to cancel your Package before departure without paying a cancellation charge in the event of Unavoidable and Extraordinary Circumstances (as defined in Clause 14 of Section A) occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity
05. IF THE SUPPLIER/PRINCIPAL CHANGES OR CANCELS YOUR PACKAGE
If the supplier makes an insignificant change to your travel arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 24 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the hotel. Please note that carriers such as airlines may be subject to change.
Occasionally the supplier/principal may have to make a significant change to your confirmed travel arrangements. Examples of “significant 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 travel arrangements by more than 12 hours.
- A change of UK departure airport except between:
- A significant change to your itinerary, missing out one or more destination entirely.
If the supplier/principal makes a significant change or cancels your travel arrangements, 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:
- accepting the changed travel arrangements; or
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or
- if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original travel arrangements and the alternative travel arrangements
If the supplier/principal makes a significant change or cancels less than 14 days before departure (other than for reason of non-payment of travel arrangements by you, events beyond our control (see paragraph 15 above) or minimum group size numbers not being reached, we will also pay you compensation as detailed below:-
You must notify us of your choice within 7 days of being notified of the significant change. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we may treat the booking as terminated and refund your payment of the effected component.
Independent travel arrangements (eg, flights, airport parking, car hire, etc) that you may arrange separately do not form part of our or the supplier/principal’s contract with you. Should it become necessary to make changes to your travel arrangements, neither we, nor your supplier/principal will be liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.
06. OUR RESPONSIBILITIES AS ORGANISER FOR PACKAGES
Liability as organiser: Where you have booked a package where we are acting as organiser under the Package Travel Regulations, although we still act as agent for the supplier/principals of your chosen travel arrangements and your contracts will be with the supplier/principals, we will accept responsibility for the travel arrangements making up your package as an “organiser” under the Package Travel Regulations as set out below. As such, we are responsible to properly provide all of the travel services included in your Package, as set out in your booking confirmation. Subject to these Booking Conditions, if we (or the supplier/principals) have failed to perform or has improperly performed those travel arrangements and we don’t remedy or resolve your complaint within a reasonable period of time and this has affected the enjoyment of your Package, you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as (but not limited to): you having followed the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the supplier/principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Supplier/Principals have failed to perform or improperly performed your Package if you wish to make a claim against us.
We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if (and to the extent that) it results from:
- a an act(s) and/or omission(s) of the person(s) affected; or
- b an act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package and which were unavoidable and extraordinary; or
- c due to Unavoidable and Extraordinary circumstances (as defined in Clause 15).
Limits on liability: If we are found liable under this clause and/or the Package Travel Regulations, we will limit the amount of compensation we may have to pay you as follows:
- Claims which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is up to three times 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.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel
- The extent of our liability will in all cases be limited as if we were carriers under the applicable international 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 accommodation). You can ask for copies of these Conventions from our offices.
- In any circumstances in which an airline is liable to you by virtue of the EC Regulation 261/2004 (regarding denied boarding, cancellations and long delays), any liability we may have to you arising out of your Package booking, 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.
It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(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.
Please note, we do not accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; or (b) which relates to any business.
We do not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Where it is impossible for you to return safely to your departure point as per the agreed return date of your Package, due to Unavoidable and Extraordinary Circumstances (see Clause 15 for definition), we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package.
07. INSOLVENCY PROTECTION FOR PACKAGE PAYMENTS
Flight Packages: We provide financial protection for all our flight packages by way of our ATOL number 3517, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. When you buy a flight inclusive Package 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
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.
Non-flight Packages: We provide financial security for Packages not including flights by way of our bond held with ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk.
If you book travel arrangements that don’t form part of a Package e.g you book and pay for single travel services (even if you add other services later) your monies may not be financially protected. Please ask us for further details.
08. PROMPT ASSISTANCE FOR PACKAGES
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not due to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier/principal, 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 Booking 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. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through you or your party’s negligence.
KEY RIGHTS NOTICE FOR BOOKINGS MADE UNDER SECTION B AND WHICH QUALIFY AS A PACKAGE.
Your Key Rights Under The Package Travel And Linked Travel Arrangements Regulations 2018
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.
Additionally, as required by law, Moresand Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
KEY RIGHTS UNDER THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
- Travellers will receive all essential information about the package before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
- The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
- Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.