Boutique Travel Concierge | TTA and ATOL protected
TERMS AND CONDITIONS
YOUR CONTRACT IS WITH INDEPENDENT
TRAVEL EXPERTS LIMITED
1. Your Holiday Contract
The following Booking Terms and Conditions
form the basis of your contract with The Handmade Holiday Company, an appointed agent of Independent Travel Experts Ltd (ITE) , whose registered office is St Andrews House, West Street, Woking, Surrey, GU21 6EB (company registration number 7701813)
("ITE"/"We"/"Us"/"Our"). ITE is a member of The Travel Network Group (Travel Trust Association ("TTA")), under number U9197. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these
Booking Terms and Conditions. Bookings are made through our appointed travel agents, who act on our behalf in the completion of the booking for you. A contract will exist between you and Us as soon as the booking is confirmed to you by Us issuing Our Confirmation Invoice to you, via our appointed travel agents. These Booking Terms and Conditions are governed by English Law and the jurisdiction of the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
2. Your Financial Protection
The Package Travel Regulations 2018 ("PTRs") require Us to provide security for the monies that you pay for the package holidays booked from Us and for your repatriation in the event of Our insolvency. We provide this security by way of bonds held by the Civil Aviation
Authority under ATOL number T7400. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on
what this means for you and who to contact if
things go wrong." “We, 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 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.” When you buy an ATOL protected air holiday package from Us you will receive a Confirmation Invoice from Us confirming your arrangements and your protection under Our Air Travel Organiser's Licence. In the unlikely event of Our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to Us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. If your holiday does not include a flight, then you will still be given financial protection for monies that you pay to Us, under our TTA membership.
3. Your Holiday Price
We reserve the right to alter the prices of any of the package holidays detailed to you. You will be advised of the current price of the package holiday that you wish to book before your contract is confirmed. When you make your booking you must pay a deposit, which shall be confirmed to you at the time of booking. The balance of the price of your travel arrangements must be paid at least fourteen (14) weeks before your departure date. For certain destinations, tailor made holidays and tailor made extensions, the balance may be required earlier than fourteen (14) weeks before your departure date and you will be advised of this at the time your booking is made. Payments will be processed by our agents. We only accept payment by Visa, Mastercard and Barclaycard. We will ask you to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied to us. To help combat fraudulent activity, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any tickets. If we do take a direct payment for bookings from you via our Website, rather than through an agent, then these will be processed through our secure online payment provider. Your credit card details are transmitted directly to the secure server of our online payment provider which processes card transactions from the Website, having the same high standard as internet banking. At no time do Our employees or any person within Our company see any details of your credit card if processed through our online payment service. If the deposit and/or balance is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit. Please note that, in some cases, a late payment charge may apply. Such a cancellation will be subject to our normal cancellation charges as set out in Clause 5. All monies you pay to travel agents are held by them on our behalf. The price of your travel arrangements are calculated using exchange rates quoted as notified to you at the time of booking. Your travel arrangements featured in Our list of package holidays on our website are planned months in advance and changes may be necessary. We reserve the right to alter any of the services offered on Our website at any time prior to the booking being confirmed to you in accordance with Clause 1. Any such changes will be advised at the time that you make your booking. Once the booking has been confirmed to you by Us issuing Our Confirmation Invoice, any increase in your holiday price will be as a result of changes in our costs of providing your
holiday resulting from:
a) transportation charges such as fuel, airport
charges, scheduled airfares and other transport
charges which form part of our contract with the
transport provider;
b) government action such as increases in VAT
or any other Government imposed increases;
c) currency fluctuations. We will absorb and
you will not be charged for any increase
equivalent to 2% of the price of your travel
arrangements, which excludes insurance
premiums and any amendment charges. You
will be charged for the amount over and above
that, plus an administration fee of £1.00 per
person. If this means that you have to pay an
increase of more than 10% of the price of your
travel arrangements, you will have the option of
accepting a change to another holiday if We
are able to offer one (if this is equivalent or
higher quality you will not have to pay more but
if it is of lower quality you will be refunded the
difference in price), or cancelling and receiving
a full refund of all monies paid, except for any
amendment charges. Should you decide to
cancel for this reason, you must exercise your
right to do so within 14 days from the issue
date printed on your final invoice.
Should the price of your holiday go down due to
the changes mentioned above, by more than
2% of your holiday cost, then any refund due
will be paid to you. However, please note that
travel arrangements are not always purchased
in local currency and some apparent changes
have no impact on the price of your travel due
to contractual and other protection in place.
Please note that no surcharge will be made
inside thirty (30) days of departure.
4. If You Change your Booking
If, after the booking has been confirmed to you
by Us issuing our Confirmation Invoice to you,
you wish to change your travel arrangements in
any way, for example your chosen departure
date or accommodation, We will do our utmost
to make these changes but it may not always
be possible. Any request for changes to be
made must be in writing from the person who
made the booking or your travel agent. You will
be asked to pay an administration fee as set
out below and any further costs we may incur in
making this alteration. You should be aware
that these costs could increase the closer to the
departure date that changes are made and you
should contact Us as soon as possible.
Certain travel arrangements may not be
changeable after a reservation has been made
and in particular scheduled airlines normally
regard name changes as a cancellation and
rebooking, therefore any alteration may incur a
100% cancellation charge in respect of that part
of the arrangements. You will be responsible
for this total cost.
It will not be possible to make changes to your
departure date or chosen holiday within 60
days of your departure. If you are prevented
from travelling on the holiday you booked by
genuine circumstances (e.g. insurable risks or
other circumstances beyond your control), you
may transfer your booking to another person
provided they meet all the requirements relating
to that holiday, that the holiday arrangements
remain the same and subject always to all
suppliers relating to the holiday booked (e.g.
accommodation providers, etc.) agreeing to
accept the name change. If the suppliers
relating to the holiday booking do not accept a
transfer of the name to another person, then
such request to transfer will be deemed to be a
cancellation of the holiday and be subject to the
cancellation provisions at Clause 5. You must
provide proof of why you are unable to travel at
the time you request to transfer your booking.
The booking cannot be transferred within 28
days of the date of departure. If the transfer is
allowed, then an administration fee of £50 (plus
any extra charges levied by suppliers) will
apply. Bookings may not be transferred to
another person in any other circumstance. In
the event of you transferring your booking to
another person, you are jointly and severally
liable for payment of the holiday price and other
associated expenses. The person to whom the
booking is transferred must agree to be bound
by these Booking Terms and Conditions.
Charges for changes
70 days or more prior to departure:
Name change: £35 per person
Date or tour change: £100 per person
Less than 70 days and more than 60 days prior
to departure: Name change: £50 per person
Date or tour change: £150 per person
Plus any surcharge levied by the supplier, such
as their amendment fees for changing names,
dates or routing.
5. If You Cancel Your Holiday
If you wish to cancel your booking for any
reason other than for there being additional
charges (see Clause 4 above) or alterations to
the arrangements (see Clause 6 below) you
may do so providing that you give Us written
notice of cancellation which must be signed by
the person who made the booking or the travel
agent as appropriate. Cancellation is effective
from the date upon which we receive your
written notice at our offices. You will be liable
for the following cancellation charges
based on the time we receive your written
notice at our offices.
If your written notice is received at our offices:
a) 60 days prior to departure date or before:you will forfeit your deposit only.
b) Less than 60 days but more than 42 days
before departure date: you will be liable for
30% of the total holiday cost.
c) Less than and including 42 days but more
than 28 days before departure date: you will be
liable for 60% of the total holiday cost.
d) Less than and including 28 days but more
than 14 days before departure date: 75% of
the total holiday cost.
e) Less than and including 14 days but more
than 7 days before departure date: 90% of the
total holiday cost.
f) Less than and including 7 days before
departure date: 100% of the total holiday cost.
Please note that the above cancellation
charges do not apply if you are travelling by
boat, in which case you must make any
cancellation no later than 90 days before
departure date or you will incur a cancellation
fee of 100% of the total holiday cost.
If the reason for your cancellation is covered
under the terms of your insurance policy,
you may be able to reclaim these charges. You
are advised to ensure that your policy has
sufficient financial protection to cover you in the
event of cancellation.
Please note cancellation costs may vary from
the above if your booking includes low
cost/budge or scheduled airlines, cruise or
various accommodation suppliers.
We provide financial protection in the rare
event of the insolvency of one or more
suppliers providing the components that make
up your holiday, giving you complete peace of
mind. We apply a £15.00 per person non-
refundable charge to your booking for
providing this.
6. If We Change or Cancel Your Holiday
It is unlikely that We will have to make any
changes to your travel arrangements, but We
do plan the arrangements many months in
advance. Occasionally, we may have to make
changes and we reserve the right to do so at
any time. Most of these changes will be minor
(for example change of accommodation to
another of the same standard) and we will
advise you or your agent of them at the earliest
possible date. We also reserve the right in any
circumstances to cancel your travel
arrangements. Group departures may be
subject to a minimum number of passengers,
which varies from tour to tour and you will be
advised at the time of booking. All group
departures are reviewed at least twelve (12)
weeks prior to departure which is the latest
date that a tour would be cancelled on account
of low numbers. If We have to cancel a
departure you will be offered an alternative
holiday or a full refund of the cost of your travel
arrangements. However, We will not cancel
your travel arrangements after the date when
the balance of the price becomes due, except
for reasons of force majeure (please see
below) or failure by you to pay the final
balance. If We are unable to provide the
booked travel arrangements, you can either
have a refund of all monies paid or accept an
offer of alternative travel arrangements of
comparable standard from Us, if available (We
will refund any price difference if the alternative
is of a lower value). If it is necessary to cancel
your travel arrangements, We will pay
compensation as set out in this Clause.
If We make a major change to your holiday, we
will inform you or your travel agent as soon as
reasonably possible if there is time before your
departure. You will have the choice of either
accepting the change of arrangements,
accepting an offer of alternative travel
arrangements of comparable standard from us
if available (We will refund any price difference
if the alternative is of a lower value), or
cancelling your booked holiday and receiving a
full refund of all monies paid. In all cases,
except where the major change arises due to
reasons of force majeure, We will pay
compensation to each full fare paying
passenger as detailed below-
If We notify you of a major change: Less than
and including 60 days before departure but
more than 28 days: we will pay you
compensation of £20 per person.
Less than and including 28 days before
departure but more than 14 days: we will pay
you compensation of £30 per person.
Less than and including 14 days before
departure date: we will pay you compensation
of £50 per person.
In any case the limit will be £50 per person.
The compensation that We offer does not
exclude you from claiming more if you are
entitled to do so. Compensation payments
relating to a child place for which you have paid
a child price are half the amounts shown (up to
half the child price paid). There are no
compensation payments payable to those
travelling on 'free child places' or infants.
'free group
In accordance with EU Regulation 2111/2005
We are required to advise you of the actual
carrier operating your flight/connecting
flight/transfer. We do this by listing carriers to
be used or likely to be used as set out on our
Website or confirmed to you by us. You will be
advised of the specific airline operating your
flight and aircraft type with your flight
confirmation and flight schedules. Any changes
to the actual airline after you have received
your flights confirmation will be notified to you
as soon as possible and in all cases at check-in
or at the boarding gate. A change of airline,
aircraft type or alteration of your outward/return
flights by less than 12 hours is deemed to be a
minor change. In the event that you choose to
cancel your holiday as a result of such change,
our normal scale of cancellation charges set
out in Clause 5 will apply. Flight timings are
provided by the airlines and are subject to
weather conditions, air traffic control and all
passengers checking in on time. We can give
no guarantee that the flight will depart at the
time shown on your flight confirmation. Where
an airline is unable to operate your confirmed
domestic flights, travel by road or railway may
be an alternative.
Force Majeure:
This means that We will not pay you
compensation if We have to cancel or change
your travel arrangements in any way because
of unusual or unforeseeable circumstances
beyond our control. These can include (but are
not limited to), for example, war, riot, industrial
dispute, terrorist activity and its consequences,
natural or nuclear disaster, pandemic illness,
fire, adverse weather conditions or acts of God.
Cruise Ships shall also be at liberty to deviate
from the advertised route and to call (or omit to
call) at any port or place to tow and assist
vessels and to offer or render assistance to
preserve life or property or for any other reason
or purpose which in the judgment of the Master
of the ship (whether alone or acting on advice
from others) is reasonable including, but not
limited to, weather conditions, operational
matters, the medical condition of anyone on
board or the safety, comfort or convenience of
guests. Such deviation shall not give rise to any
liability on Our part and shall not represent a
significant change to your package holiday.
If, after your departure, a significant part of your
package holiday cannot be provided, you will
be offered a suitable alternative if possible. If it
is not possible to offer you a suitable alternative
or, for good reasons, you do not accept the
alternative arrangements, We will return you to
the place of your departure. If appropriate, We
will also pay you compensation, unless your
return has been due to circumstances beyond
our control. The amount of compensation will
be reasonable, taking account of all the
circumstances.
7. If You Have a Complaint
If you have a problem during your holiday,
please immediately inform your tour manager
or our agent who will endeavour to put things
right. If your complaint is not resolved locally,
please follow this up within 28 days of your
return home by writing to us at ITE Ltd , St Andrews House, West Street, Woking, Surrey, GU21 6EB, or through your agent, giving your
booking reference and all other relevant
information. Please keep your letter concise
and to the point. This will assist Us to quickly
identify your concerns and speed up our
response to you. If you have special needs,
which prevent you from writing to us then,
where possible, we will accept details of your
complaint over the phone. 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 on tour
and this may affect your rights under this
contract.
8. Our Liability to You
In addition to the other provisions in these
Booking Terms and conditions, if the contract
We have with you is not performed or is
improperly performed by our suppliers or Us,
We will pay you appropriate compensation if
this has affected the enjoyment of your travel
arrangements. However, We will not be liable
where any failure in the performance of the
contract is due to:
(i) you, or a third party unconnected with the
provision of the travel arrangements, and
where the failure is unforeseeable or
unavoidable; or
(ii) unusual and unforeseeable circumstances
beyond our control, the consequences of which
could not have been avoided even if all due
care had been exercised; or
(iii) an event which We or our suppliers, even
with all due care, could not foresee or forestall.
Our liability, except in cases involving death,
injury or illness, shall be limited to a maximum
of two times the cost of your travel
arrangements. Our liability will also be limited in
accordance with and/or in an identical manner
to:
(a) the contractual terms of the companies that
provide the transportation for your travel
arrangements. These terms are incorporated
into this contract; and (b) any relevant
international convention, for example the
Montreal Convention in respect of travel by air,
the Athens Convention in respect of travel by
sea, the Berne Convention in respect of travel
by rail and the Paris Convention in respect of
the provision of accommodation, which limit the
amount of compensation that you can claim for
death, injury, delay to passengers and loss,
damage and delay to luggage. We are to be
regarded as having all benefit of any limitation
of compensation contained in these or any
onventions, as detailed further below. Under
EU law you have rights in some circumstances
to refunds and/or compensation from your
airline in cases of denied boarding, cancellation
or delay to flights. Full details of these rights
will be publicised at EU airports and will also be
available from airlines. However
reimbursement in such cases will not
automatically entitle you to a refund of your
holiday cost from Us. Your right to a refund
and/or compensation from Us is set out in
Clause 6. If any payments to you are due from
Us, any payment made to you by the airline will
be deducted from this amount. If your airline
does not comply with these rules you should
complain to the Air Transport Users' Council on
020 7240 6061 (www.auc.org.uk).
9. Additional Assistance for Packages
If the contract We have with you for your
package holiday is not performed or is
improperly performed as a result of failures
attributable to a third party unconnected with
the provision of the services that make up the
package, or as a result of failures due to
unusual and unforeseeable circumstances
beyond our control, the consequences of which
could not have been avoided even if all due
care had been exercised, or an event which we
or our suppliers, even with all due care, could
not foresee or forestall, and you suffer an injury
or other material loss, We will offer you such
assistance as is reasonable in the
circumstances, but shall not be liable to you.
10. Passport, Visa and Immigration
Requirements
It is your responsibility to ensure that you are in
possession of a valid passport and all
necessary travel and health documents
required for the entirety of your journey before
departure, including any relevant visas or
documentation required for you to travel to and
access areas to where you are travelling. Any
information supplied by us on these or related
matters (such as climate, when to travel,
clothing, baggage, personal items etc.) is given
as general guidance and in good faith but we
do not accept liability for any decisions made
on the basis of the information supplied.
The passport, visa and health requirements at
the time of booking can be viewed on the
Foreign and Commonwealth Office website
(www.fco.gov.uk). It is your responsibility to
ensure that you and all members of your party
are in possession of all necessary travel and
health documents, and
in compliance with any other immigration
requirements, before you travel. If you or any
member of your party is not a British
Citizen or holds a non-British Passport, you
must check passport and visa requirements on
with the embassy or consulate of the
country(ies) to or through which you are
intending to travel. We do not accept any
responsibility if you cannot travel because you
have not complied with any
passport, visa or immigration requirements.
The British Foreign & Commonwealth Office
(www.fco.gov.uk) issues Travel Advisory
Notices giving advice regarding travel, which
you should consult. If the FCO advises against
all travel to your destination we will have to
cancel your holiday. If the FCO advises against
non-essential travel to your destinationmay decide to cancel your holiday, in which
case our normal cancellation conditions will
apply.
You are recommended to obtain a copy of the
leaflet "Health
Advice for Travellers" published by the
Department of Health which is available from
most post offices or by telephoning: 0800 555
777, prior to travel.
11. Conditions of Carriage
Details on Our website are Our responsibility,
as your tour operator. It is not published on
behalf of, and does not commit, the airlines
mentioned on it or any airline whose services
are used in the course of your travel
arrangements. Please note that in accordance
with Air Navigation Orders in order to qualify for
infant status, a child must be under 2 years of
age on the date of its return flight.
12. Adequate Insurance Protection
Travel insurance is your entire responsibility
and an essential pre-requisite to booking a
holiday with Us. You must ensure that you (and
all members of your party) have sufficient travel
insurance in place to cover you, together with
your personal property, at all times and for all
potential risks. You must ensure
that your insurance covers you for the full
duration of your holiday including, but not
limited to, medical expenses, injury, death,
repatriation, cancellation and curtailment, and
in respect of any sports or activities that you
may wish to do whilst on your
holiday. You must also ensure that there are no
exclusion clauses limiting protection for the
type of activities included in your holiday.
Evidence of sufficient cover will need to be
provided at time of booking. If you do not have
holiday insurance cover at the time of booking,
you may personally be
liable for cancellation charges. For all clients
arranging their own insurance, we must receive
full details of the insurance company, policy
number and 24-hour emergency contact
number. It is imperative that you familiarise
yourself with the
details and conditions of your policy and that
you notify your insurance company of any pre-
existing medical condition. Failure to do so can
invalidate the insurance cover.
13. Time Schedules
Some destinations featured on our website are
to less developed countries. Whilst everything
possible is done to ensure the smooth running
of your holiday, unavoidable delays do
occasionally occur, especially in respect of
domestic airlines,
security clearance at airports, and
unforeseeable action on the part of government
offices.
14. Data protection
We treat the handling of personal data
seriously. The data protection and privacy
statement set out below in this Clause 14
details how We will treat your personal data
after it has been collected by Us (or on Our
behalf by Our travel agents). ITE LTD
assures you that it will only use your data as
specified here and for its legitimate business
reasons. Unless otherwise provided in these
Booking Terms and Conditions, We will not sell,
rent or trade your personal information to third
parties for marketing purposes without your
express written consent. We will only pass your
data to other third parties in accordance with
these Booking Terms and Conditions, or if required to
do so by law. We may disclose your data to
certain permitted third parties, such as third
party service providers, Our own professional
advisers who are bound by confidentiality
codes and when We are legally obliged to disclose your data.
We need your name, address and/or email
address so that We can send out information to
you and advise you of special offers and
promotions We think may be of interest to you.
We also require this information about you, and
others included in your group, in order to complete bookings made with
Us for your holiday, (eg, to relevant hotels,
activities providers, public authorities such as
customs or immigration if required, etc). This
applies to any sensitive information that you
give to us such as information relating to
disabilities, dietary requirements and/or
religious beliefs. This may involve the transfer
of information outside the European Economic
Area ("EEA") and by providing Honeycomb with
this information you provide your
consent (and the consent of those included in
your group) to transfer such information out of the EEA. If you are travelling to the United States, the US Customers and Border Protection will receive this information for the purposes of preventing and
combating terrorism and other transnational
serious crimes. You have the right to ask Us
not to process your personal data for marketing
purposes. You also have the right to access
information held about you by Us. Your right to
access can be exercised in accordance with
the Data Protection Act 1998, as
amended from time to time, and any access
request may be subject to a fee of £10 to meet
Our costs in providing you with details on the
personal data we hold about you. We operate
in accordance with the Data Protection Act
1998, and any amendments thereto.
By disclosing your personal information to Us,
you consent to the collection, storage and
processing of your personal information by Us
in the manner set out in these Booking Terms
and Conditions.
15. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
16. Ticketing
Your tickets and any other documents relating
to your booking will be sent to your travel
agent, or may be delivered by e-mail in the
form of an e-ticket if you supplied an e-mail
address at the time of booking. Provided you
have paid the total cost of the travel
arrangements, we will endeavour to dispatch
your tickets to you at least 2 weeks prior to
departure. IT IS IMPORTANT THAT YOU
CHECK ALL DETAILS OF YOUR TRAVEL
DOCUMENTS BEFORE LEAVING THE UK. IF
THERE ARE
ANY INACCURACIES OR YOU HAVE ANY
OTHER QUERY PLEASE CONTACT YOUR
TRAVEL AGENT IMMEDIATELY.
For bookings made within 7 days of departure,
it is necessary for Us to use a courier company
which guarantees next day delivery and any
charges will be passed on to you at the time of
booking. In such cases, tickets will either be
sent to you or to the departure airport, and this
will be advised at the time of booking. Please
note that the delivery charge is non-refundable.
17. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before
you leave the UK, certain airlines will not
authorise us to issue a replacement. You would
then be required to purchase a new ticket and
there may be a delay of up to 12 months before
we receive authority
from the airline to make any refund to you. If
the airline concerned does allow us to issue a
replacement ticket, we will require payment of
an administration fee from you. It is most
important that you contact us as soon as you
realise that your
ticket is missing. If your ticket is lost or stolen
after you have left the UK, certain airlines will
not issue a duplicate. You will need to purchase
a new ticket locally, at the local fare. When you
return to the UK you can apply to us for a
refund on your lost
ticket, but any refund will be entirely at the
discretion of the airline and it can take up to 12
months before we receive authority from the
airline to make any refund.
18. Airline Collapse
We provide financial protection to you in
accordance with Clause 2 above. Therefore, in
the unlikely event that the airline with which you
are travelling ceases to trade whilst you are
abroad, you must contact Us at the earliest
opportunity to allow Us to seek to find you an
alternative return flight. If you have provided Us
with your contact details for when you are
abroad, this may further assist Us in contacting you. We
shall not be liable for any costs you incur in
making your own return flight arrangements if
you have not given Us the opportunity to
arrange an alternative flight home for you.
In making alternative return flight arrangements
for you We will take the approach of 'like for
like'. What this means is that if your flight is an
economy seat We will arrange an economy
return alternative and if this is not available
immediately, you will be responsible for the
cost of remaining abroad until it is or if you wish
to upgrade to an immediately available
business or first class seat, you will have to pay
the difference between the economy seat and
the upgraded seat. If your flight seat is
business or first class, We will endeavour to
find an immediately available business or first class
alternative. Our priority, however, will be to
book your return flight as soon as possible and,
therefore, if the earliest return flight is in a lower
class than that which you booked, that return
flight is what We will arrange for you and that
will be the extent of Our obligation to you.
19. Flight and Other Travel Timings
As mentioned in these Booking Terms and
Conditions above, flight timings are provided by
airlines and are subject to Air Traffic Control
restrictions. All means of transportation are
subject to weather conditions and the need for
constant maintenance and the ability of passengers to
check in on time. There is no guarantee that
transport will depart at the times stated on any
itinerary or tickets which you receive. All
timings are estimates only, and We do not have
any liability to you for
any delay, which may arise, or for any schedule
alterations.
At the Airport - Check-in
If you fail to check in on time, the airline is
entitled to refuse to allow you to board the
flight. We cannot accept responsibility if such a
situation arises and, whilst We endeavour to
assist in making alternative travel
arrangements to your resort, any cost or loss
incurred as a result will be your responsibility.
If you fail to check in at all for your flight from
the UK, We retain the right to cancel any other
arrangements you have booked with Us and
you will be unable to use your return flight to
the UK. No refund can be made for any unused
arrangements.
Important notice: you must check-in at least 1
hour prior to departure, failure to do so could
result in you being denied travel. Remember no
calls will be made for your flight so please
make sure that you are at the departure gate
no later than 45 minutes before your departure
time. Passengers that are
refused travel will be responsible for arranging
alternative transportation at their own expense.
20. Denied Boarding
As detailed in Clause 8 above, where a flight
ticket is downgraded or a flight cancelled,
delayed, or boarding is denied by any carrier in
circumstances which would entitle you to
compensation under the Denied Boarding
Regulations 2004, then you are obliged to claim
the appropriate sums pursuant to
those Regulations from the carrier. Any sums
received by you in this respect constitute the
full amount of your entitlement to compensation
for all matters flowing from the carrier's actions
and which fall within the scope of the Denied
Boarding Regulations. If, for any reason, you do not
claim against the carrier and make a claim for
compensation from Us, you must, at the time of
payment of any compensation to you, make a
complete assignment to Us of the rights you
have against the carrier in relation to the claim
that gives rise to that compensation payment.
21. Special requests
If you have a special request for anything that
Is not automatically part of the travel arrangements
you book through Us, please advise Us when
you book and We will pass this information on
to the companies We work with. Our note of
your request on your invoice/receipt confirms We
have received it and does not guarantee that
We, or the relevant supplier, can meet with
your request. Where possible they will try to
help you, but We cannot guarantee any request
unless it is noted on your invoice/receipt and
We also confirm the request separately in
writing. We must emphasise that verbal
confirmations of special requests cannot be
taken as a guarantee that they will be met. Eg. special meal types on flights, or hotel room or Cruise Ship state room number requests.
We will not pay compensation for failing to
meet a special request that we have not
confirmed separately in writing.
22. Disabled Travellers and Passengers with
Reduced Mobility
We cannot be held responsible if you fail to tell
Us about special needs/requirements that will
affect your holiday experience and this means
We will not compensate you. For customers
who require support or advice prior to booking,
please note carefully the information below
regarding different travel arrangements.
If you have a medical / mobility problem /
condition or disability which may affect your
holiday, please tell Us before you confirm your
booking. We and our suppliers may require a
doctor's certificate or other documentation,
information or waiver relating
to such disability, medical / mobility problem or
condition or fitness to travel as We or our
suppliers consider necessary. In any event, you
must give us full details in writing at the time of
booking.
Overseas accommodation and services.
The majority of overseas accommodation,
overseas transport (including transfers) and
other holiday services provided overseas are
not equipped to cater for the needs of many
disabled holidaymakers. If you have any
disability, you must make appropriate enquiries about the suitability
of particular accommodation, resorts, transport
and services, and that you are fully satisfied
you have made the correct choice before you
book and confirm your holiday. Please note: if
special arrangements need to be made for you an
extra charge may have to be levied.
Flights
If you or a member of your party are a
wheelchair user or have reduced mobility We
strongly advise that you contact Us directly or
your travel agent before making your
reservation. This will enable your travel agent
to confirm with Us or the airline and airport the
availability of any assistance
requirements prior to booking, as any changes
made after booking will be subject to our
standard change fees.
Cruises
You acknowledge that medical care while on a
Cruise Ship may be limited or delayed and that
the ship may travel to destinations where
medical care is unavailable. Certain
international safety requirements, shipbuilding
requirements and/or applicable regulations may
cause difficulty for mobility-impaired persons or
persons with severely impaired sight and/or
hearing. If you require the use of a wheelchair
you must provide your own as any wheelchairs
available on Cruise Ships are for emergency
use only. For convenience and comfort
collapsible wheelchairs are strongly
recommended. Standard
cabins on Cruise Ships are not designed to be
barrier free and wheelchair accessible. You
must be physically fit to undertake the holiday.
You must be self-sufficient and/or must travel
with a companion able to provide any
assistance needed during the
holiday.
You may not be able to participate in certain
activities or programs either on board the ship
or onshore at ports of call if to do so would
create a risk of harm to yourself or any other
person.
23. Excursions
Excursions include, but are not
restricted to,any sightseeing trips, events or
other tours either attended in resort or land
based 'shore' excursions for which additional
payment is required ("Overseas Booked
Excursions"). Overseas Booked Excursions do
not form part of your package holiday that you
book through Us. We do not have any
responsibility or liability whatsoever for
anything which may go wrong on an Overseas
Booked Excursion. The contract for any
Overseas Booked Excursion is between you
and the Overseas Booked Excursion provider.
It is your responsibility to note carefully any
conditions of contract contained in any
Overseas
Booked Excursion, literature, ticket or receipt
you are given. For Overseas Booked
Excursions you may be subject to the laws of
the country in which you take your excursion
and may be required to bring any disputes or
claims before the Courts of
that country also.
24. Information Accuracy
Descriptions of accommodation, facilities and
services and Cruise facilities and itineraries We
provide are based on information obtained from
Our suppliers. Sometimes the facilities
described will be withdrawn for reasons such
as maintenance, bad weather or lack of
demand from guests.
Where our suppliers advise Us about significant
changes to descriptions or about the withdrawal
of any significant facility,
We will tell you as soon as possible in
accordance with these Booking Terms and
Conditions. Some activities or facilities, water-
sports for example, may not be available all
year round. There may be a charge for some
facilities, for example, TVs,
safety deposit boxes, sun-loungers, parasols,
tennis courts, pool tables and air-conditioning.
In some places during high season (and even
at other times) there is a possibility you will be
disturbed by noise from less considerate
groups, so please bear this in mind when
choosing your destination and
accommodation. Any transfer times We quote
for travel between airport and resort are
approximate and, depending on circumstances,
the journey time to your own chosen property
may be longer.
25. Your Responsibility
We want all Our customers to have an
enjoyable and carefree trip. But you must
remember that you are responsible for your
actions and the effect they may have on others.
If We (or another person in authority) believe
your actions could upset other customers, Our
suppliers or Our own staff, or put them in
danger, your holiday / travel arrangements may
be ended and this could mean We or Our
suppliers may either ask you to leave your
booked accommodation, or prevent you from
boarding the aircraft. Our suppliers will deny
boarding or impose additional conditions of
carriage on any passenger who, for example, is
intoxicated and/or disruptive or found to be
smoking on board the aircraft. If this happens,
We will not pay compensation, make refunds,
or cover any expenses you suffer as a result. If
your behaviour or the behaviour of any
members of your travelling party causes any
aircraft or Cruise Ship to be diverted We and/or
the carrier will hold you and those members
jointly and individually liable for all costs
incurred as a result of
that diversion. We cannot accept liability for the
behaviour of others in your accommodation,
Cruise Ship or flight, or for any
facilities/services withdrawn as a result of their
action.
26. Cruise Packages
Where you book a Cruise or a Cruise together
with a flight and/or a transfer you are booking a
Cruise Package.
We sell the Cruise Package to you as principal
but third party Cruise suppliers provide the
Cruise, operate the Cruise Ship and act as
carrier. The conditions of carriage of the third
party Cruise supplier will also apply when you
book a Cruise
Package. These are available on request.
Pregnancy
Cruise ships do not have adequate medical
facilities for childbirth on board. Cruise Ships
will not carry you if you have entered or passed
your 24th - 28th week of pregnancy at any
point in your Cruise - the exact timing depends
upon the Cruise Ship operator. You must,
therefore, check with Us at the time of booking.
All pregnant women should produce a doctor's
or midwife's letter stating that mother and baby
are in good health, fit to travel and that the
pregnancy is not high-risk. The letter
must also include the estimated date of delivery
(EDD) as calculated from both the last
menstrual period (LMP) and ultrasound if this
has been performed. We cannot accept a
booking or subsequently carry you unless you
comply with this Section. If you are pregnant and made a
booking (or made a booking on behalf of a
pregnant passenger) before it could reasonably
have been known that you or the passenger
would not be able to join the Cruise because
you have entered or passed the 24th - 28th (as the case may be)
week of pregnancy at any point in the Cruise,
We will refund in full the price paid by you and
the price paid by any accompanying
passenger, provided that the pregnant
passenger notified Us as
soon as reasonably practicable upon becoming
aware that they would not be able to join the
Cruise, but shall otherwise not have any liability
whatsoever. We and our third party Cruise
suppliers expressly reserve the right to refuse
passage on board to you if you appear to be in
an advanced state of pregnancy and We shall
not have any liability whatsoever in respect of
either such refusal and/or your carriage.
Medical
(i) We and our third party Cruise suppliers
reserve the right to require you to produce
medical evidence of fitness to travel on
our Cruises.
(ii) If you (or a member of your party) have a
physical or mental disability or any other
condition which may require special treatment
or assistance (including those who use
wheelchairs) you must advise Us in writing
before you make a booking. If
you (or any member of your party) use a
wheelchair, you must furnish your own
standard size wheelchair and you must be
accompanied by a travelling companion fit and
able to assist you. Cruise Ships' wheelchairs
are for emergency use only. We and our third
party Cruise suppliers reserve the right to
refuse passage to you if you fail to notify Us
and Our third party Cruise suppliers of such
disabilities or need for assistance or who in
Our opinion is unfit for travel or whose condition
may constitute a danger to themselves or
others on board.
Our Liability to You for Cruise Packages
(i) We expect at all times that you conduct
yourself in a proper manner and with due
regard for the health, safety, comfort,
enjoyment and general well-being of all
persons both on board the Cruise Ship and
involved in the provision of any service or
facility forming part of the Cruise, and, by
booking with Us, you expressly agree to this. If
it appears that your conduct, behaviour or
health is such as to be a breach of this
requirement or your behaviour, health or
conduct is likely to endanger your own health or
safety or that of any other passenger or crew or
may make you likely to be refused permission
to go ashore at any port or may make Us liable
for the costs of any medical treatment and/or
maintenance and support and/or repatriation,
then We and Our third party Cruise
suppliers and/or the Cruise Ship's Master shall
have the right to take any one or more of the
following measures as may appear to be
reasonable and appropriate in the particular
circumstances -
1. refuse to embark or to disembark you at any
port or other place of call;
2. disembark you;
3. transfer you to another berth;
4. confine you to a particular stateroom or to
the Cruise Ship's medical centre;
5. through the Cruise Ship's doctor and/or his
staff, administer any drug, medicine or other
substance of a similar nature, or admit and/or
confine you to a hospital or any similar
institution at any port as the Cruise Ship's
doctor may consider necessary.
(ii) In the event of any action taken, neither you
nor (at Our and Our third party Cruise supplier's
discretion) any other person travelling with you
(whether or not under the same booking)
shall be entitled to make a claim against Us for
any loss or expense incurred as a result of
such action, whether for a full or partial refundof the price or for any other form of
compensation or for the cost of returning to the
UK or to any other place or for
any other form of loss or expense whatsoever.
International Conventions relating to cruises
As mentioned in Clause 8 above, all carriage
(by land, air and sea) is subject to the terms
and conditions of carriage of the actual carrier
(which may be our third party Cruise supplier or
any other supplier or their sub-contractor).
Such terms may limit or exclude liability, are
expressly incorporated into these Booking
Terms and Conditions and also form the terms
And conditions of separate contracts between you
and the particular carrier as contained in the
carrier's ticket which is provided to you before
your scheduled departure date. You can get
copies of the relevant terms and conditions if you ask
Us.
Carriage of passengers and their luggage by
sea is governed by the Athens Convention. You
can get copies of this Convention if you ask Us.
The Athens Convention is expressly
incorporated into these Booking Terms and
Conditions and Our liability for death or
personal injury or for loss of or damage to
luggage arising out of carriage by sea shall be
determined accordingly. In most cases, the
Athens Convention limits the carrier's liability
for death or personal injury or loss of or
damage to luggage and makes special
provision for valuables.
It presumes that luggage has been delivered
undamaged to you unless you give Us or the
supplier written notice:
(a) in the case of apparent damage, before or
at the time of disembarkation or redelivery of
luggage;
(b) in the case of damage which is not apparent
or of loss, within 15 days from the date of
disembarkation or redelivery or from the time
when such redelivery should have taken place.
Any damages payable by Us up to the Athens
Convention limits shall be reduced in proportion
to any contributory negligence by you and by
the maximum amount deductible as specified in
Article 8 (4) of the Athens Convention. When
looking at Cruises, notwithstanding that the
Cruise is performed on a Cruise Ship not
owned by Us, it is agreed that We shall at all
times nevertheless be deemed a ship owner for
the purposes of the Convention on Limitation of
Liability for Maritime Claims 1976 (as amended
by the Protocol of 1996 or otherwise and as in
force in any relevant jurisdiction from time to
time), and so are entitled to limit Our liability
under its terms.
At the Cruise Terminal - Advance Registration
and Check-in
To comply with Government and security
requirements, Cruise Ship operators will require
you to register your details with them in
advance of travel and may also ask you to
complete an online check-in process. We will include details
of advance registration and online check-in
procedures (as applicable to each Cruise
operator) on your confirmation invoice or with
your tickets where known but it is your
responsibility to check the relevant Cruise
operator's registration and check in process.
Failure to submit the requested information
accurately and in full may result in delays at the
Cruise terminal and you may be
denied boarding onto the Cruise ship. We
accept no responsibility for such consequences. Please
also note carefully information regarding
embarkation times and departure times of your
Cruise ship. You are advised to be on board
the ship a minimum of 2 hours before the
departure time (in some cases 1 hour before
departure time is permitted at ports of call but
check with the Cruise operator first). If you
do not arrive to embark on time at any port or
place then We shall have no liability in respect
of the consequences. In respect of Cruises, the
Cruise operators shall not be obliged to delay
or deviate from the intended itinerary and you
must bear any and all costs arising as a result.
Costs associated with transportation to re-join
the Cruise Ship such as, but not limited to,
Government fees, visa fees, subsistence,
lodging, air fare, launch fare, car hire or agency
fees shall be borne by you.
Gratuities and Service Charges
The Cruise operators' policies regarding on
board gratuities and/or service charges for the
services provided by their staff vary. Most
Cruise operators apply one or more of the
following policies:
-Gratuities or Service Charges may be left to
your discretion;
-A daily charge may be automatically added to
your on board account which can be removed
on request;
-A charge may be included in the price of Our
Cruise Packages, which you pay in advance of
travel. Where this applies it may be possible to
ask for the charge to be removed and added to
your on board ship account.
-Some Cruise operators may apply a
compulsory daily service charge to your on
board account but do not expect you to tip at all
during the cruise. Whichever scheme the cruise
operator uses, you will be required to abide by
their gratuity / service charge policy and must settle your account in
full before disembarking the ship at the end of
your cruise. Where We are made aware of a
Cruise operators policy on gratuities or
service charges details will be provided either
at the time of booking, on Our invoices or with
the Cruise operators tickets.
Contagious or Infectious Diseases Affecting
Your Cruise
At any port or place the Cruise operator may
refuse to embark or may disembark any
customer who, in the opinion of the Master,
ship's medical personnel or other authorised
ship's officer, might be excluded from landing at
destination by Immigration or other
Governmental Authorities or who may be
suffering from contagious or infectious disease
or whose presence, in the opinion of the Master, may be
detrimental to the comfort or safety of other
customers or the crew. In such cases you shall
not be entitled to any refund of the Package
cost or compensation of any kind. Additionally,
We will have no liability for any costs or
expenses they incur as a result. In cases of
quarantine of the ship involving your detention,
you must bear all risk and expense thereby
caused and will be charged for food and
accommodation during the period of
detention, payable day by day, if maintained on
board the ship, and for all other quarantine fees
and expenses assessed or incurred by you.
27. Single Components
Where single components are booked by you
and not sold to you as a package holiday the
following terms shall apply:
Price Changes
Price increases may occur any time prior to full
payment being received from you, and you will
be liable to pay any such increases in full.
Transfer of Bookings
In the case of a scheduled flight only booking,
transfer to another person will involve
cancelling the original booking, thereby
incurring any relevant cancellation charges and
then making a new booking, which will be
subject to availability and
any additional price increase. Transfer of any
other type of booking is subject to the supplier's
own terms and conditions and the applicable
amendment or cancellation charges.
Cancellation/Amendments of bookings by you
Bookings may be amended or cancelled in
accordance with the relevant supplier's terms
and conditions and subject to the supplier's
amendment and cancellation charges. In many
cases our flight suppliers may impose charges of up
to 100% of the cost of the travel arrangements
and these will be passed onto you.
Changes Made to Your Booking
Where a supplier makes a change to a non-
Package booking for a single component, you
do not have the same legal rights as with a
Package booking. If We are aware of any
change which We believe will materially affect
your booking We will tell you as soon as
reasonably practicable but you must appreciate
that We will only have an obligation to tell you if
We have been told in the first place by the
supplier. It is the responsibility of the supplier to
make alternative arrangements; it is not Our
responsibility. Where, however, We believe a
change has a significant effect on your booking,
We will endeavour to arrange with the
supplier(s) to provide you with suitable
alternative arrangements. If suppliers impose
additional costs for any alternative
arrangements you will be obliged to pay those.
Our Liability to You for Sales of Single
Components
Our responsibility is to make arrangements for
the provision by the relevant suppliers
(including air carrier of air transport,
accommodation owner/supplier, car hire
provider) of the components you book, but We
do not have any responsibility for the operation
of the component itself. This is because we are
acting as an agent of the supplier in those
circumstances and are not liable to you as the
principal supplier of the single component.
We have no liability to you for any
dissatisfaction, loss of enjoyment, loss, injury or
damage which results from your use of the
single component unless We have negligently
failed to select a normally competent provider
of the relevant component. Further, We have
no liability to you in any event for any
consequential loss which you may suffer in
relation to any arrangements which you book to
coincide with the single component you have
booked with Us. Any liability to you for
such losses will be the responsibility of the
principal supplier of the single component.
Flight only bookings will be financially protected
under Our ATOL License (number T7400),
therefore in the unlikely event of our
collapse/insolvency, any money you have paid
Us for the flight will be refunded to you, or you
will be repatriated if you are already abroad.
Where you have booked a single component
through Us, any money you have paid to Us for
any other components is protected through Our
membership with the TTA (under number
U9784), giving you full financial protection.
28. International Conventions
If any other International Convention applies to
or governs any of the services or facilities
arranged or provided by Us, or provided by any
of Our suppliers, and you make a claim against
Us of any nature arising out of death, injury,
loss or damage suffered during or as a result of the
provision of those services or facilities, Our liability to pay
you compensation and/or the amount (if any) of
compensation payable to you by Us will be
limited in accordance with and/or in an identical
manner to that provided for by the International
Convention concerned (in each case including
in respect of the conditions of liability, the time
for bringing any claim and the type and amount
of any damages that can be awarded).
International Conventions which may apply
include: in respect of international air travel, the
Warsaw Convention 1929 (including as
amended by the Hague Protocol 1955 and by any additional Montreal Protocols
of 1975 and 1999 or otherwise) or the Montreal
Convention 1999 (for international travel by air
and/ or for airlines with an operating licence
granted by an EU country, which the EC
Regulation on Air Carrier Liability No 889/ 2002 for national
and international travel by air has given effect
to); in respect of carriage by sea, the Athens
Convention 1974 (as amended); in respect of
carriage by road, the Geneva Convention 1973;
and, in respect of hotels, the Paris Convention 1962. Any
applicable Protocols or amendments shall
apply to all such International Conventions. You
can get copies of the relevant Conventions if
you ask Us. For the avoidance of doubt, this
means that We are to be regarded as having all
benefit of any limitations of compensation
contained in any of these Conventions or any
other International Conventions applicable to
your travel arrangements.
Travel advice
For up-to-date travel advice from the UK
government, visit www.gov.uk/foreign-travel-
advice and
https://travelaware.campaign.gov.uk. We
recommend that you consult these websites
before booking in order to make an informed
decision about your chosen destination, and
again before departure.
weather conditions, flood, epidemics and
pandemics, fire, airport, port or airspace
closures, restrictions or congestion, flight or
entry restrictions imposed by any regulatory
authority or other third party, an FCDO
advisory against travel to a particular
destination and any other government
restrictions on travel. Except where
otherwise stated in these booking conditions,
we have no liability including for
compensation, costs and expenses in such
situations.
