BOOKING

For multi-contract Packages, sales of Single Services where we act as Agent only and Linked Travel Arrangements.

BOOKING TERMS AND CONDITIONS

For multi-contract Packages, sales of Single Services where we act as Agent only and Linked Travel Arrangements.

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with ABEONA MANAGEMENT LIMITED t/a Travel with Abeona a company registered in England with company number 09728333 and registered office address of 3 Park Square East, Leeds, LS1 2NE. (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  • a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them.
  • b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements).
  • c. he/she is over 18 years of age and a citizen in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
  • d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act in the following capacities, as a Package Organiser in the sale of Multi Contract Package Holidays and as Agent in the sale of a ‘single service’ booking when your contract is with the Principal that will provide your local travel arrangements (i.e. an excursion or accommodation only booking). As a result our obligations and terms will vary depending on the travel arrangements that you book with us. We have tried to set our differing obligations out below as clearly as possible.

  • (A) Section A contains the conditions that will apply to all bookings you make with us.
  • (B) Section B contains the conditions which will apply when you make a book a multi-contract Package with us and we act as the Package Organiser. and
  • (C) Section C contains the conditions which will apply where you make a single-service booking with us and we are acting as an Agent.
  • (D) Section D contains our obligations to you when you book Linked Travel Arrangements.

SECTION A – APPLICABLE TO ALL BOOKINGS

1. Booking

Please note that in accordance with clause 16 and clause 33, when you book a Multi-contract Package or Linked Travel Arrangement with us, we may act as an Agent for the Principal for the purposes of facilitating the sale of the individual travel elements that form part of your travel arrangement. We also act as a Package Organiser for the Purposes of arranging your Multi-contract Package. Whereas, in accordance with clause 25, we act as an Agent only for the purposes of facilitating the sale of the individual travel elements.

A binding contract between you and the Principal (where we are acting as an agent only) and/or between you and us comes into existence when we despatch the booking confirmation to the first named person on the booking. Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

2. Prices & Payment

When you request to make a booking with us, we will notify you of any applicable deposits and balance due dates. Your booking will be confirmed when you have paid the deposits or the full balance and we issue you with a booking confirmation either directly from ourselves or on behalf of the Principal.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, your booking may be cancelled and the cancellation terms as set out in either clause 19 or clause 27 may apply.

3. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.

4. Holiday Information, Accommodation Ratings & Standards

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Principal in question are intended to present a general idea of the services provided by the Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any travel arrangements or any other services please contact us.

All ratings are as provided by the relevant Principal or Supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

5. Insurance

Adequate travel insurance is a condition of your contract with us and most Principals. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness.

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.

6. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Where necessary, we will pass your requests to the Principal or our Suppliers but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on a Principal or Supplier is not confirmation that the request will be met.

7. Disability & Medical Conditions

We are not a specialist disabled holiday company nor do we act on behalf of any Principals that are specialists in this area. We will however, do our utmost to cater for any special requirements you may have. Therefore, if you or any member of your party has any medical problem or disability which may affect your travel arrangements, please provide us with full details before you make your booking with us so we can discuss the suitability of your chose arrangements with our Supplier or the relevant Principal. We and/or the Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen holiday.

Acting reasonably, if we and/or the Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or confirm your booking on the Principal’s behalf or, if you did not give us full details at the time of booking, we will cancel your booking with us and/or inform the Principal who may cancel their confirmed travel arrangements and apply the applicable cancellation charges in accordance with clause 16 for multi-contract Packages, Clauses 25 for single-service bookings when we act as an Agent and Clause 33 for Linked Travel Arrangements - when we become aware of these details.

8. Events Beyond Our Control or the Principal’s Control

Except where otherwise expressly stated in these Booking Conditions we and/or any Principals that may provide your travel arrangements, will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, Events Beyond Our Control means any event beyond our control, or the Principals control or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemic, pandemic or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.

9. Entry, Passport, Visa & Immigration Requirements & Health Formalities

It is your responsibility to check and fulfil the entry, passport, visa, immigration requirements, safety and health formalities 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, the Foreign, Commonwealth and Development Office (“FCDO”) and your own doctor as applicable. Requirements and the safety of the countries and areas in which you will be travelling to, do change and you must check the up to date position in good time before departure in order to make your decisions accordingly.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov.

For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).

For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs. Up to date travel advice can be obtained from the FCDO, visit https://www.gov.uk/travelaware.

Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements.

10. Delays, Missed Transport Travel Services & Other Travel Information

If you or any member of your party misses your flight, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the transport supplier concerned immediately.

When your travel arrangements includes a flight, such booking is made with us acting as Agent on behalf of the relevant Principal. In the event that you make such booking, please read your flight terms and conditions carefully. You may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Contact your airlines or the third party you made a flight booking with for more information.

11. 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).

12. Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Principal or Supplier or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we / the Principal reserve the right to terminate your booking immediately.

In the event of such termination our liability and the Principal’s liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other Travel Arrangements immediately. Neither we nor the Principal will have any further obligations to you and/or your party. No refunds for lost Travel Arrangements booked through us will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your Travel Arrangements or with us.

13. Conditions of Suppliers

The services which may make up your travel arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own booking conditions which will form part of your contract with us. Some of these booking 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.

14. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are enjoying your travel arrangements are not part of your contracted arrangements with us and/or the Principal. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

15. Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

SECTION B: MULTI-CONTRACT PACKAGE BOOKINGS

This section only applies to Multi-Contract Packages (please see clause 16 for further information) and should be read in conjunction with Section A of these Booking Conditions.

16. Multi-Contract Package Bookings

Where your booking is for a Multi-Contract Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section of these Booking Conditions.

A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:

  • (a) transport (excluding minor transfers) or
  • (b) Accommodation of a least one night or
  • (c) rental of cars, motor vehicles or motorcycles (in certain circumstances) and
  • (d) any other tourist service not intrinsically part of one of the above travel services.

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay or are advertised, sold or charged at an inclusive or total price or advertised or sold under the term “package” or a similar term.

When you book a Multi-Contract Package with us, you will enter into a contract with us as a Package Organiser. We will also where necessary, conclude individual contracts between you and the Principal for some of the travel services that form part of your Package. In which case, both these Booking Conditions and the Principal’s Booking Conditions will apply. In the case of any conflict between our cancellation or amendment terms as displayed in these Booking Conditions and the Principal’s own cancellation or amendment terms, the Principal’s terms will take precedent.

We will accept responsibility for this booking as a Package Organiser and we comply with our legal obligations under the PTRs as your Package Organiser and these are outlined in this Section B of these Booking Conditions. This does not prejudice or otherwise affect our agency status with the Principal.

IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:

  • - do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package or
  • - are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.

17. Pricing

Where you have booked a Multi-Contract Package, we reserve the right to increase the price of confirmed Travel Arrangements within that Multi-Contract Package solely to allow for increases which are a direct consequence of changes in:

  • (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources.
  • (ii) the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports and
  • (iii) the exchange rates relevant to the Travel Arrangements.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Multi-Contract Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Multi-Contract Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation.

Should the price of your Multi-Contract Package go down due to the changes mentioned above 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 may have no impact on the price of your Multi-Contract Package due to contractual and other protection in place.

There will be no change made to the price of your confirmed Multi-Contract Package within 20 days of your departure nor will refunds be paid during this period.

18. If You Change or Transfer Your Multi-Contract Package Booking

If you wish to change any part of your multi-contract Package after our and/or the Principal’s confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we and/or the Principal will be able to meet your requested change.

Where we can meet a request, all changes will be subject to any costs and charges incurred by us and/or incurred or imposed by any Principal’s in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 19 or as per the Principal’s Cancellation Terms.

Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  • a. that person is introduced by you and satisfies and/or the Principal’s conditions with regards to transferring your booking.
  • b. we are notified not less than 7 days before departure.
  • c. you pay any outstanding balance payment as well as any additional fees, charges or other costs arising from the transfer and
  • d. the transferee agrees to these booking conditions and the Principal’s Booking Conditions.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, the cancellation charges as set out in clause 19 and/or the Principal’s Booking Conditions will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

19. If You Cancel Your Multi-Contract Package Booking

If you or any other member decides to cancel your confirmed booking the cancellation terms may vary depending on whether the individual travel elements that form part of your booking were confirmed by us or the Principal:

When an individual travel element is confirmed by a Principal (and we facilitated the sale as an Agent) the Principal’s cancellation terms will apply. Therefore, we will notify the Principal of your cancellation in accordance with their own Booking Conditions and their cancellation charges will apply.

Whereas, when an individual travel component is confirmed by us you should notify us in writing of your cancellation. Your notice of cancellation will take effect when it is received by us at our offices and will be effective from the date on which we receive it. We will apply the cancellation charges as shown in the table below.

 

Period before departure in which you notify us Cancellation Charge
More than 90 days prior to departure Deposit only
More than 60 days prior to departure 90% of Package cost
More than 30 days prior to departure 50% of Package cost
Less than 30 days prior to departure 100% of Package cost

 

Important Note: Certain arrangements 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.

Should one or more members of your party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Where possible, we will deduct any cancellation charge(s) from any monies you have already paid to us.

Cancellation by you due to Unavoidable & Extraordinary Circumstances:

If you have booked a Multi-Contract Package, you have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Multi-Contract Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

20. If the Principal Changes or Cancels an your Multi-Contract Package

Where you have booked a Multi-Contract Package and we and/or the Principal makes a significant change to or cancels any travel element which forms part of your Multi-Contract Package, the provisions of this clause will apply.

Changes: If we and/or the Principal make an insignificant change to a confirmed travel element, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines displayed on our website may be subject to change.

Occasionallywe and/or the Principal may have to make a significant change to your confirmed travel arrangements. Examples of “significant changes” include the following, when made before departure:

  • (a) A change of accommodation area for the whole or a significant part of your time away.
  • (b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  • (c) A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.
  • (d) A change of departure airport except when the alternative airport is within a 70 mile radius.
  • (e) A significant change to your itinerary, missing out one or more destination entirely.

If we and/or the Principal has to make a significant change or cancel any of your confirmed travel elements, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

  • i (for significant changes) accepting the change or
  • ii having a refund of all monies paid or
  • iii accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost) or
  • iv if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative travel arrangements.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative travel arrangements.

Compensation
In addition to a full refund of all monies paid by you, we may pay you compensation as detailed below, in the following circumstances:

  • (f) If, where we and/or the Principal makes a significant change, you do not accept the change and cancel your booking.
  • (g) If the Principal cancels your booking and no alternative travel arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you Amount you will receive from us*
More than 90 days prior to departure Deposit only
More than 60 days prior to departure 90% of Package cost
More than 30 days prior to departure 50% of Package cost
Less than 30 days prior to departure 100% of Package cost

 

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  • (h) where we and/or the Principal makes an insignificant change.
  • (i) where we and /or the Principal makes a significant change or cancels your travel arrangements more than 60 days before departure/start date.
  • (j) where we and/or the Principal makes a significant change and you accept those changes or you accept an offer of alternative travel arrangements.
  • (k) where we and/or the Principal has to cancel your travel arrangements as a result of your failure to make full payment on time.
  • (l) where the change or cancellation by us or the Principal arises out of alterations to the confirmed booking requested by you.
  • (m) where we and/or the Principal is forced to cancel or change your travel arrangements due to Events Beyond Our Control (see clause 8).

If we and/or the Principal becomes unable to provide a significant proportion of the Multi-Contract Package that you have booked after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

21. Complaints

If you experience any difficulties or have any complaints during your holiday, you should notify us, the Principal or the service provider (e.g, accommodation or excursion provider) immediately who will endeavour to put things right. If your complaint is not resolved locally and your contract for the individual travel element is with the Principal (and we facilitated the sale as an Agent), all queries and concerns should be addressed to them in the first instance. Whereas, if your contract for the individual travel element was with us or you remain unsatisfied, you must send formal written notice of your complaint to us at our office as soon as possible and, in any event, within 28 days of your return to the UK whereby we will endeavour to assist in our capacity as an agent by liaising with the Principal on your behalf.

22. Our Responsibilities for Multi-Contract Packages

  • (1) Where you have booked a Multi-Contract Package where we are acting as a Package Organiser, although where relevant we still act as agent for the Principals of your chosen Travel Arrangements and your contract will be with the Principals, we will accept responsibility for the Travel Arrangements making up your Multi-Contract Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. As such, we are responsible for the proper provision of all the Travel Arrangements included in your Multi-Contract Package, as set out on your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking
  • (2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
  • (3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
    • (a) the act(s) and/or omission(s) of the person(s) affected or
    • (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Multi-Contract Package and which were unavoidable and extraordinary or
    • (c) Events Beyond Our Control (as defined in clause 8).
  • (4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
    • (a) loss of and/or damage to any luggage or personal possessions and money, The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
    • (b) Claims not falling under (a) above and which don’t involve injury, illness or death The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
    • (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
      • i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air). The Athens Convention (with respect to sea travel). The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your Multi-Contract Package booking with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this Multi-Contract Package booking.
      • ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Multi-Contract Package booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
      • iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
    • (5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking 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
    • (6) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and/or the Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
    • (7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
    • (8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur (b) relate to any business or (c) indirect or consequential loss of any kind.
    • (9) We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
    • (10) Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

23. Insolvency Protection

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24. Prompt Assistance for Multi-Contract Packages

If you have booked a Multi-Contract Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Principal, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s.

SECTION C: AGENCY BOOKINGS

This section applies to single service bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.

25. Your Contract with the Principal

Where we act as Agent, we will arrange for you to enter into a contract with the applicable Principal (e.g. accommodation only provider, excursion only provider or flight only provider) of your chosen travel arrangements, as specified in on your booking documents.

As an agent we accept no responsibility for the acts or omissions of the Principal or for the services provided by the Principal. The Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

26. Payment

If you have paid a deposit, you must pay full balance by the balance due date notified you. If full payment is not received by the balance due date, we will notify the Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.

Except where otherwise stated in the booking conditions of the Principal concerned, all monies you pay to us for travel arrangements will be held on behalf of the Principal and forwarded on to the Principal in accordance with our agreement with them.

27. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Principal of your Arrangements.

The Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). We will notify you of the exact charges at the time of amendment or cancellation.

28. Changes and Cancellations by the Principal

We will inform you as soon as reasonably possible if the Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. If the Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Principal in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or cancellations made to your arrangements by the Principal under your contract with them.

29. Our Responsibility for your Booking

Your contract is with the Principal and therefore, the Principal’s booking conditions apply. As agent, we accept no responsibility for the actual provision your confirmed travel element. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

30. ATOL Protection for Flight Only Sales

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31. Complaints

Because the contract for your travel arrangements is between you and the Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Principal immediately. If you fail to follow this procedure there will be less opportunity for the Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us in writing at our offices.

SECTION D - LINKED TRAVEL ARRANGEMENTS

This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.

32. What is a “Linked Travel Arrangement”

A “linked travel arrangement” will be created when you purchase at least two different types of travel services from us, which you have purchased for the purpose of the same trip or holiday and which do not create a Package. This will usually be the case if within the 24 hours after your first booking with us is confirmed, you purchase a separate travel service from another trader via the targeted links on our website or if you book and amend your “multi contract package” so that it no longer resembles a Package then add another qualifying travel element. When we sell your travel arrangements in such a way as to create a Linked Travel Arrangement, we will inform you that this is the case.

33. Our Obligations for Linked Travel Arrangements

It is important to note that where you purchase a linked travel arrangement, you will not benefit from rights applying to packages under the PTRs. Therefore, we will not be responsible for the proper performance of those additional travel services. In case of problems please contact the relevant supplier. If you book Travel Arrangements in such a way as to create a linked travel arrangement, we will be required to provide a limited form of financial protection for the Travel Arrangements purchased. In this regard we have, as required by the PTRs, protection in place to refund your payments to us for services not fully performed because of our insolvency and (where necessary and applicable) for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

34. Financial Protection

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