Booking Terms & Conditions
Please read the following Booking Terms & Conditions carefully. They, together with our Frequently Asked Questions (FAQ’s) and any other information we sent with your booking confirmation or brought to your attention when your booking was confirmed, form the basis of your contract with Holiday Direction Limited.
Cruise Direction and Cruise Deals from Southampton are trading names of Holiday Direction Ltd (Company Registration Number. 10138913) and a Fully-Bonded Trading Member (M2583) of The Global Travel Group Ltd (Company Registration Number. 2774722)((TGTG)).
When we package your holiday for you, we act as agents of The Global Travel Group Ltd (ATOL 3973). Your contract will also be with The Global Travel Group Ltd and the act of making a booking indicates to us that the first named person on the booking agrees to accept all responsibility for the information they provide to us.
These Booking Terms & Conditions apply only to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform as applicable as part of our agreement with you. References in these Booking Terms & Conditions to “arrangements” mean such holiday or cruise arrangements. Please note that our prices are based on bookings made by UK residents only. If you are not a UK resident or UK passport holder, you may be liable upon check-in/check-out for additional charges. Holiday Direction Ltd or The Global Travel Group Limited will not be liable for such additional charges.
Our obligations to you may vary depending upon whether you book with us a Package or a Linked Travel Arrangement (as defined below).
A package exists if you book a pre-arranged combination of travel services sold or offered for sale at an inclusive price, within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. We will be responsible for the proper performance of all the travel services included in the package.
Please note, in respect of some package bookings, when making your booking we act as agent only, your contract will be with the applicable supplier of the package. In this case, you will be issued with an ATOL Certificate and a booking confirmation, which will stipulate the Tour Operator with whom you are contracted with for the supply of your package holiday. Liability in relation to the services that form your contract are the responsibly of the package provider. 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 errors or omissions within the information supplied by the Tour Operator which we pass on to you in good faith. For all bookings we make as agent, your contract will be with the supplier of the arrangements in question and the specific booking conditions of the relevant supplier(s) you contract with will also apply. You are advised to read these conditions carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you. Copies of applicable conditions are available on request from us.
A Linked Travel Arrangement (LTA) is a holiday that includes two or more travel services but applies when the customer makes a single visit to our website and selects and pays for each serviceseparately. If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday from us you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, we will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.
However, if you book any additional travel services during the same visit or contact with us, the travel services will become part of a Linked Travel Arrangement. In that case we have, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments for services not fully performed because of the supplier’s insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
MAKING YOUR BOOKING
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these booking terms & conditions. The first named person on the booking will be the party leader and will be responsible for making all payments due to us.
RESPONSIBILITY TO CHECK YOUR DOCUMENTATION
Following making your booking, we will send you a confirmation invoice. This invoice will be sent to the lead passenger. When you have asked for this by email, you should regularly check your e-mails, as well as you junk or spam folder and print it off when received. Please check this invoice, your tickets and all other documents carefully as soon as you receive them. As a passenger you have a responsibility to ensure all these details are correct and must contact us immediately if any information appears to be incorrect or incomplete.
If you need to correct the spelling of the name or any other incorrect information, you must do so by contacting us within 5 days of receipt of your confirmation invoice, when paying a deposit for your holiday. If you are booking within 106 days of departure, or paying for the holiday in full, you must notify us of any errors (by us) within 24 hours of receiving your confirmation invoice.
Note that some suppliers may not allow name changes or date changes and parts of the booking may need to be cancelled and rebooked if a name needs to be changed. The rebooking will always be subject to new availability and to the charges imposed by the supplier which may, in some cases, be the full costWe cannot accept any liability if we are not notified by you of any error or omission in your invoice or any travel documentation. We will do our best to rectify any mistakes which are notified outside of the above time scales, however, you will be responsible for any costs and expenses involved in doing so.
BOOKING IF YOU ARE UNDER 18
It is a condition of our accepting your booking that the person who makes it is at least 18 years old. We are entitled to assume that this is the case. Under no circumstances can we accept bookings from anyone who is under 16. At our discretion, we may accept a booking from someone who is 16 or 17 and not accompanied by an adult providing we have confirmation from their parent or guardian that they may travel, that the parent or guardian will accept responsibility for the booking and that the party does not include anyone who is under 16. We are entitled to cancel any booking which is made in breach of any of these requirements. In this case, full cancellation charges will apply.
PAYMENT AT TIME OF BOOKING
Any monies paid to us in respect of a booking covered by ATOL are held for the benefit of the Trustees of the Air Travel Trust at all times, but subject to be paid to us so long as we do not fail financially. If we do fail financially, any monies held at that time are and continue to be for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
You will be required to pay a deposit to us for each person on the booking unless the full amount for the booking is due. The deposit amount will be specified by us at the time of booking. Where you pay a deposit only, you must pay the full balance by the balance due date notified to you, generally 15 weeks before departure. If full payment is not received by the balance due date, we reserve the right to treat your booking as cancelled and will cancel your holiday arrangements. Any deposit paid will not be refunded to you.
Where we act as an agent, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
GLOBAL TRAVEL GROUP CONSUMER PROTECTION GUARANTEE SCHEME
The Global Travel Groups ‘Consumer Protection Guarantee Scheme’ means your funds are covered in a legally protected Client Account. This means that in the unlikely event that Holiday Direction or The Global Travel Group fail your money is protected and the tour operator will still be paid or a full refund will be given.
You MUST take out fully comprehensive travel insurance. It will normally cover you in the event of cancellation against loss of deposit or cancellation fees, cover for delays and for medical costs in the event of you becoming ill or having an accident whilst on holiday. There are some restrictions on insurance, for example pre-existing medical conditions and you should advise the insurance provider of at the time the policy is taken out. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
PRICING AND WEBSITE ACCURACY
We endeavour to ensure all pricing and other information on the website or in our printed material is accurate. Whilst every effort is made to ensure the accuracy of information and prices when published, regrettably errors do occasionally occur. We reserve the right to amend advertised prices at any time prior to confirmation. We will always check prices before confirming your booking and you will be told the final price for your holiday arrangements before you confirm. All prices shown on our website are in pound sterling, per person.
Where there is an obvious pricing or other error and could reasonably have been recognised by you as a mistake, we may terminate the contract and refund you any sums you have paid us.
Once the price of your chosen travel arrangements have been confirmed we will only increase the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease or our costs increase or decrease as a result of any adverse or favourable changes in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to the options as referred to under "Changes and Cancellation by us".
You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out under "Changes and Cancellation by us" below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
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. We promise not to levy a surcharge within 30 days of departure.
Cruise lines, accommodation owners, restaurateurs, hotels etc, may wish to maintain or improve their facilities. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes, we will always endeavour to advise you prior to your departure. There may also from time to time be general refurbishment at these establishments. These are necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near to your departure this may be.
Please check at the time of booking that hold baggage is included within your booking. It is your responsibility to ensure you have sufficient baggage allowance. Please be aware that hold baggage weight restrictions may also vary between airlines.
There are varying types of flights that we may book as part of your package i.e. charter, low cost/no frills, full published and consolidated. Any flight element of your holiday is provided by an independent supplier. Each supplier has their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned. Flight times and carriers are given for guidance only as there may be changes.
Please note: the carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or carriers’ tariffs, rules or regulations. Right of refusal may now also be granted to airlines under new and stringent anti-terrorism laws.
CHARTER FLIGHT CONDITIONS
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.
LOW COST / NO FRILLS FLIGHTS
When booking a low cost/no frills airline with us 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 airline’s website.
By allowing or asking us to book a low cost/no frills flight on your behalf, you accept that we are unable to take any responsibility for flights changes, or cancellation made to any part of your reservation by the airline. We will of course endeavour to change/amend all other components of your package without charge through co-operation with our suppliers in the event of a cancellation or change by the airline however cannot guarantee this will be the case.
Most low cost/no frills airlines do not include hold baggage within the cost of the flights. If you would like to add baggage to your holiday arrangements please advise at the time of booking, we can confirm the weight allowance options and cost.
Where you have paid a low deposit to secure a scheduled flight booking, the price of your flight is subject to increase due to changes in the airline fuel surcharge and government taxes applicable to your flight. These costs are not confirmed, and the price of your flight is not guaranteed until you have paid for your flights in full. If you wish to avoid the possibility of the price increases, we would recommend paying for your flight in full at the time of booking. Paying for your flight in full normally increases cancellation/amendment charges. Any amount paid to pay for the flights in full shall be non refundable.
A Full Published/Consolidated flight is usually identified as a flight operated by a National Carrier such as British Airways, KLM, Air New Zealand, Cathay Pacific etc. It should be noted Full Published/Consolidated Airlines normally levy severe cancellation/amendment charges dependent on the type of ticket booked.
UPGRADING YOUR FLIGHT & FLIGHT SEAT REQUESTS
Unless you have pre-booked your seats (where this facility is available), it may not be possible to obtain seats together. Even when you do pre-book seats, in most cases we will not be able to confirm the actual seat numbers or position on the aircraft. Where possible, we will offer you a further range of upgrade options designed to give you a more comfortable journey at a reasonable supplement. Holiday Direction do not automatically reserve flight seats on your behalf.
The flight routings used in connection with our holidays may be based on special fares which do not necessarily take the most direct route. Some itineraries require a change of aircraft on route. A flight that is described as direct is one where there is no need to change aircraft during the journey. Stops may be made en-route for re-fuelling or to let passengers on and/or off. Details of any stops will be given on your itinerary. However, should you require this information at an earlier stage, please check with your travel advisor at the time of booking.
Unfortunately, airlines may occasionally change the type of aircraft on a particular flight without advance warning. Flight timings and days of operation are subject to change and we will advise you of any significant change as soon as we are informed by the airline. Minor timing changes will be shown on your e-flight ticket, which you should check carefully when received. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges.
We cannot be held responsible for airline re-scheduling/re-routing flights via other airport/destinations following your confirmation of booking. Unfortunately, airlines who re-route flights are not obligated to make a refund or reduction of any kind should a change to your original itinerary take place. This could result in a flight becoming indirect which was previously direct.
FLIGHT DELAYS OR MISSED FLIGHT
In the event of a flight being delayed the flight provider has an obligation to passengers pursuant to EU Regulation no 261/2004 of The European Parliament and of the Council governing air travel. However, the extent of such will depend on various other factors i.e the type of flights you have booked, expected length of delay, local availability of accommodation, immigration rulings etc. Where long flight delays will result in lost holiday time, no refunds are given. It is in recognition of the above that your holiday travel insurance policy normally offers monetary compensation for flight delays.IMPORTANT: In the event of flight delay or missed flight, you must contact the overseas assistance/emergency number as shown on the documents provided by us. Please inform any transfer supplier on the emergency number listed and in the event a delay causes a change in check-in date for your accommodation, please also contact the accommodation on the relevant number to avoid your reservation being cancelled.
If you have booked transfers with us a transfer voucher will be issued, with details of where you will meet your driver or coach (where applicable), contact numbers for the transfer provider and will detail if you need to reconfirm your return transfer details. Please take the vouchers with you to hand over to the relevant provider.
Our suppliers categorise accommodation and apply their own rating system. However the official star rating of a property is generally determined by the local authority governing the grading structure in the country the property is based. It is therefore important to read carefully the individual accommodation descriptions. A comparison of cost may also give some idea of how accommodation in the same resort / country is likely to compare in terms of general standards. Accommodation, whatever the rating, is based on a twin or double standard room unless otherwise stated.
Please note that city taxes are likely to be payable in most tourist cities. These are not included in our quoted prices. If you have a question regarding city taxes, please discuss with our travel advisor when you make your booking.
BOOKING A ROOM FOR EARLY ARRIVAL OR LATE DEPARTURE
Generally, your accommodation will be available from 3pm on the date of arrival , and is to be vacated between 10am and noon on the date of departure, irrespective of your arrival or departure times and unless we have stated otherwise. Should you wish your room to be ready prior to this time frame on your day of arrival or available after 10am for an afternoon or evening departure, we can only make a request and this is not guaranteed, subject to availability. Upon request we can book an additional night accommodation for an evening departure to guarantee the use of a room. You may also ask at reception (if applicable) on your date of arrival or at any time during your stay.
Meals, where included, are based on table d'hote menus, or a buffet-style unless specified otherwise. Holidays which include main meals generally commence with dinner on the day of arrival at your accommodation, terminating with breakfast on the day of departure. No refunds on meals not taken can be given.
Cruise lines and accommodations generally cater for any dietary requests such as low fat, low sugar, dairy free, gluten free, wheat free and vegetarian diets. If you have any of these intolerances, other allergies or requirements please inform us immediately, so we can request these for you.
If we or any other person in authority is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned. The person(s) concerned will be required to leave the accommodation, ship or other service and we will have no further responsibility to them including any return travel arrangements. No refunds will be given and we will not pay any expenses or costs incurred as a result of the termination.
You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your holiday. Payment must be paid direct at the time to the service supplier concerned failing which, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
HOLIDAY ARRANGEMENTS AND OUT OF DATE RANGE FLIGHTS/ACCOMMODATION
Where you make your holiday/cruise booking well in advance of departure, it may not be possible at that time to book the flights, accommodation and/or other services you have requested as they are not then available. Where you ask us to do so, we will confirm any such services subject to availability and the applicable price when they are available to book. If these services cannot subsequently be booked as requested or you are not prepared to pay the applicable price, you may cancel them and receive a refund of the amount you have paid in respect of these services. Cancellation or non-availability of these services does not, however, entitle you to cancel your cruise or any other confirmed element of your booking, without paying the applicable cancellation charges
IF YOU HAVE A COMPLAINT WHILE YOU ARE ON HOLIDAY
If you have cause for complaint whilst on holiday, you must bring it to the attention of the local Representative or Agent (if there is one), hotel management or accommodation owner who will do their best to rectify the situation. If there is no local Representative or Agent, you must contact the supplier on the Emergency Number as detailed on your supplier voucher or contact us directly on our 24/7 Emergency numbers which are +44 (0) 1462 417501 & +44 (0) 7498 618874. This will give us the opportunity to remedy your complaint.
Please note, that it is unacceptable to take no action whilst on holiday, either by contacting the supplier or our Customer Care Team, but to then write a letter of complaint upon return. If you remain dissatisfied with the action taken, you must write to us formally by post or , not email, within 28 days of your return from holiday giving your booking reference and full details of your complaint. If you fail to follow this simple complaint procedure (in resort and on your return home), your right to any compensation you may otherwise have been entitled to may be affected or even lost as a result.
Please inform the relevant supplier immediately and also contact us on the numbers listed on our website or on the confirmation documents we 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 Care team on email@example.com 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 (if available) whilst on holiday. 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. Should you have cause to complain, please contact us using the following email address: firstname.lastname@example.org .
If you have any special request, please let us know at the time of booking. We will pass any reasonable requests on to the relevant supplier, but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part.
MEDICAL CONDITIONS & DISABILITIES
If you or any member of your party has any medical condition or disability which may affect your chosen holiday arrangements, you must make us aware of all details. If we reasonably feel unable to fully accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, we reserve the right to cancel when we become aware of these details. Cancellation charges will apply. You are responsible for checking the suitability of all holiday arrangements before you confirm your booking.
PASSPORTS, VISAS AND HEALTH REQUIREMENTSIt is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up to date position in good time before departure. Passengers with a non-British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. Requirements may change and you must check the up to date position in good time before departure.
We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
You should take up-to-date health advice about the health precautions you will need to take prior to departure. Information on health is contained in the Department of Health’s leaflet (Health Advice for Travellers) which can be obtained by telephoning 0207 2104850. Further information can be obtained by visiting www.hpa.org.uk OR www.fco.gov.uk
You should also note that certain European Countries now require your passport and/or visa number together with any other relevant details in advance of travel.
Please visit https://www.gov.uk/travelaware as Visa/Passport information can change regularly. To obtain a Visa you can visit http://thetravelvisacompany.co.uk/cruisedirection/ or call 01270 250590 stating you are a Cruise Direction customer. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type.
STAYING SAFE AND HEALTHY ABROAD
The Foreign & Commonwealth Office (FCO) and the NHS have up-to-date advice on staying safe and healthy abroad. Advice can change so check regularly for any updates.
For up to date health care please visit: http://www.fitfortravel.nhs.uk/home.aspx
For up to date information on security / Visas & Passports please visit: https://www.gov.uk/travelaware
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.
IF YOU CHANGE YOUR BOOKING
You must carefully check all names and details are provided correctly at the time of booking. When you receive your confirmation invoice you must contact us straight away if there is something that isn’t correct. If you wish to change any part of your holiday arrangements, we will do our utmost to make that change where possible. Any request for changes must be made by the lead passenger on the booking. If it is possible to make the change, it may be subject to an administration charge which will be notified to you at that time together, with any costs or charges incurred or imposed by our suppliers. You should be aware that there may be extra charges applicable dependent on the change you make.
With some suppliers / airlines or hotels, special fares are in some cases non-refundable as soon as they are booked. In addition, some suppliers / airlines may consider a name change or other change to an existing booking as a cancellation and rebooking with up to 100% cancellation changes payable by you. Please check at the time of booking.
Airlines normally regard name changes after tickets have been issued as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge. We will, however, do our utmost to accommodate your requested change.
For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been confirmed, you will have to pay the full cost of an alternative flight (if available) if you wish to change your flight.
IF YOU WISH TO TRANSFER YOUR HOLIDAY
If you wish to transfer to another holiday, this will be treated as a cancellation. At our discretion, we may allow the transfer to occur without treating it as a cancellation, if the new holiday / is for the same or a higher price than the original booking. If you wish to amend or cancel an existing element of your holiday, your holiday cost will remain at the same value or higher than the price of the original booking and cannot be reduced. Agreement to transfer holiday arrangements would be conditional upon request from the lead passenger being made more than 15 weeks before the original scheduled departure date. This is subject to availability and any expenses (such as airline, hotel and cruise charges) incurred by us as a result of the request to transfer. A transfer would only be allowed on one occasion and any discount or promotion applicable to the original booking will not be applied to the new booking and in this case you will be required to pay any difference in price. Should a request be made for an amendment which is outside the above criteria, then it will be at our discretion as to whether this request is honoured or not. The criteria for allowing transfers may be changed by us at any time without notice.
If you are unable to travel, in certain exceptional circumstances you may be permitted to transfer your booking to another party. If you are unable to travel, in certain circumstances which we consider reasonable we may allow you to transfer your booking to another party. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment /administration fee which will be notified to you at the time must be paid before the transfer can be done. If you are unable to find a replacement, cancellation charges as set out in these terms will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, any failure to secure relevant flying rights, actual or threatened terrorist activity, industrial dispute, natural or nuclear disasters, adverse weather conditions, fire, epidemics, health risks, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions and all similar events outside our control. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of force majeure.
LAW AND JURISDICTION
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
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 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.
DATA PROTECTION AND PRIVACY
We will ensure appropriate security measures are in place to protect your personal information. The information you provide us will only be passed onto the supplier of your travel arrangements or other organisations necessary for the provision and performance of your Travel Services. Certain information may also be passed on to security or credit checking companies to detect and prevent fraud.
By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process and fulfil your bookings (when it may be transferred abroad and /or to the supplier), for market research and analysis, to avoid fraud and to enable us to contact you by letter, telephone or e-mail. You may unsubscribe from further contact at any time by clicking on the relevant link in any emails we send you.
TERMS WHICH APPLY TO PACKAGES (EXCEPT WHERE WE ACT AS AN AGENT)
OUR LIABILITY IN RESPECT OF PACKAGES
(1) Except as otherwise stated in these conditions or where we act as a booking agent, will accept responsibility for the package arrangements we agree to provide or arrange for you as an “organiser” under The Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: 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. 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 for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: -
(3) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim.. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(4) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or on any stay in a hotel, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay to you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Montreal Convention for international travel by air, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you for any reason under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. 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. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the 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; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(5) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised 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.
(6) This clause is intended to set out our obligations to you as an organiser under The Package Travel and Linked Travel Arrangements Regulations 2018. We will not accept any further or different liability than these Regulations impose. In addition, regardless of any contrary representations made by us, we only promise to use reasonable skill and care as set out above and we do not have any further or different liability to you.
(7) You must tell us and the supplier concerned about your claim or complaint as set out in the clause
(8) We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
CHANGES AND CANCELLATIONS WE MAKE TO A PACKAGE (EXCEPT WHERE WE ACT AS AN AGENT)
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in any marketing material and other details both before and after bookings for packages have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a "significant change". A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower classification or standard for the whole or a major part of the time you are away or a change of accommodation area for the whole or a major part of the time you are away. Please note, where your booking includes a "no frills flight", changes imposed by the airline (for example, change of departure or return time or UK or overseas airport) and the consequent effect on your holiday will not generally be treated as "significant changes" in accordance with this clause. Any change in flight route, such as additional or alternative stops or longer connection times shall not be treated as a "significant change". For all flights, a change of departure or return time by less than 12 hours will be a minor and not significant change.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel, we will (as a minimum where compensation is due), pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where 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. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking terms & conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.
Period before departure a significant change
or cancellation is notified to you
|Compensation per person|
|More than 56 days||nill|
|less than 14 days||£20|
Very rarely, we may be forced by "force majeure " (see clause 25above), to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
IF YOU WISH TO CANCEL YOUR HOLIDAY ARRANGEMENTS
If you or any other member of your party decides to cancel your confirmed booking you can communicate your request to us via telephone; however, for the cancellation to take effect, this must be followed up by sending the request to us in writing. We recommend that you use recorded delivery or alternatively e-mail. Your notice of cancellation will take effect 2 working days after it has been sent by you by way of recorded delivery. Communications must arrive no later than 1pm, Monday-Friday, to allow time to process the cancellation with our suppliers. Any cancellation requests received after this time or on a Saturday or Sunday will be deemed to have been received on the next working day. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding amendment charges which are not refundable in the event of the person to whom they apply cancelling).
|106 days or more:||Loss of deposit|
|105 – 36 days:||75% of holiday cost|
|35 days or less||100% of holiday cost|
These cancellation charges apply to all bookings, except where a booking includes items or services where our suppliers' own cancellation charges exceed those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking.
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 you change the number of people in your party the price of the arrangements will be recalculated based on the new party size. If, for example, a party is reduced in size this may mean that accommodation is under-occupied and each member of the party may therefore have to pay an increased price in addition to administration charges as set out above. Please note that any increase in price in these circumstances is not usually a cancellation charge for the purpose of your insurance cover, even though it might arise from the cancellation of one or more members of your party.
OUR SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide:
|Late payment Fee||£75|
|Credit card charge||0%|
|Tickets despatched by courier||Cost of courier + £10|
|Tickets despatched by insured delivery||Postal charge + £10|