Holiday Gems - Package Holiday Terms and Conditions
These terms and conditions (“Booking Conditions”), together with ‘Essential Holiday Information’, the conditions of any terms and conditions of carriage (see ‘The Conditions of Your Ticket’) and any other written information we brought to your attention before your booking was confirmed, form the basis of your package travel contract (“Contract”) with Holiday Gems Limited, company number 05824929, having its registered office address at 1st Floor, Dale House, Tiviot Dale, Stockport, Cheshire, SK1 1TB.
These Booking Conditions set out what you are legally entitled to expect from us when you buy a combination of travel services (“Package Holiday”) from us.
Unless otherwise stated, the combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages.
Once your Package Holiday has been confirmed we will accept responsibility for it in accordance with these Booking Conditions as an ‘Organiser’ under the Package Travel and Linked Arrangements Regulations. Additionally, as required by law we have protection in place to refund your payments and where transport is included in the package, to ensure your repatriation in the event that we become insolvent.
Please note that we act as agent in relation to bookings for car hire and any resort/on board booked excursions booked through us and your contract for those services is directly with the supplier of the service.
Where you book services, facilities, excursions or other leisure services whilst away we will not act as agent and your contract for those services is directly with the supplier of the service.
Please also note, in respect of some package bookings, when making your booking we will arrange for you to enter into a contract with the applicable supplier of the package in question. We than act as agent only. In this case, your booking confirmation will stipulate the particular tour operator with whom you will have a contract for the supply of your Package Holiday. Some suppliers may also act as a booking agent for the ultimate tour operator. Where we act as agent we shall only have responsibility to you in accordance with section 34 of these Booking Conditions.
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that English law (and no other) will apply to any dispute, claim or other matter which arises between us out of or in connection with your Contract or booking. By making a booking with us, you agree that:-
A. You have read these Booking Conditions and agree to be bound by them;
C. You are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.
1. MAKING YOUR BOOKING
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these Booking Conditions. The first named person on the booking will be the party leader (“Lead Passenger”) and will be responsible for giving us accurate information about all members of your party and making all payments due to us.
You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control for the purpose of security and counter terrorism. This is known as Advanced Passenger Information.
Please note that telephone calls may be recorded for training and monitoring purposes.
For all online and non-online bookings these Booking Conditions will apply.
2. ONLINE BOOKINGS
By clicking to request a Package Holiday and entering your personal and payment details on www.holidaygems.co.uk (the “Website”), you are making an offer to purchase the Package Holiday selected, if it is available. When we receive this offer, we will contact the supplier(s) of the Package Holiday concerned. Each supplier will require a short period of time to check to see if your chosen Package Holiday is still available at the price quoted. We will not take any payment from you at this stage.
When you make an offer to purchase the Package Holiday selected and should the Package Holiday requested be available at the price quoted, a binding agreement will come into existence between us and your payment referred to in section 4 below will be debited from your payment method. A booking confirmation (“Booking Confirmation”) confirming the Package Holiday will be sent to you, however please note that it can take up to 72 hours to come through, and in peak season in excess of this. Prior to the Booking Confirmation being sent, we will endeavour to contact you via email and/or telephone to let you know that your Package Holiday has been booked and to discuss any optional extras that you may require adding to the booking. If the Package Holiday is available but not at the price quoted, we will contact you by telephone or email to give you the option to purchase the Package Holiday at the revised price. We will only debit your payment method once the Package Holiday has been agreed and you have given us authority to do so. Please note that when you make an online booking request, for security details your card is checked and whilst nothing will be debited from your account, the amount will be “reserved or ring-fenced”. This is intentional and for the purpose of speeding up the confirmation process should your chosen Package Holiday be available and in order that we may instantaneously confirm all components of your chosen Package Holiday should they be available and/or you have given us such authority to do so. For the avoidance of doubt no monies during this period will leave your account and should the requested Package Holiday not be available for the price stated on your order, the “reserved” amount on your card will be released and lapse. It should be noted that where this is the case, UK banks differ in the time-frames they release the “reserve or ring-fence”. For simplicity, this process may be likened to that when checking in a hotel and the hotel validating your card “reserving” an amount but not debiting it.
Please note that each booking is treated separately on our online booking request system. If larger groups want to be sure of sufficient availability for any flights/hotels they should call our call centre. If two parts of the same group make a booking request online on two separate bookings and the holiday availability expires between the two bookings we regret therefore that we are unable to cancel the first booked holiday without applying cancellation charges as levied upon us by the supplier(s) of the first booked Package Holiday.
Should you wish to cancel an order already received but not yet completed, there will be an administration fee of £75.00 charged to your payment method. This charge is made in relation to administrative duties undertaken on your behalf by us in relation to liaison with our suppliers, airlines and operators in order to fulfil your requested Package Holiday and in addition to cover any non-refundable fees we may have already incurred. This is a per order and not per person charge.
3. NON ONLINE BOOKINGS
Alternatively to make a booking you can contact our call centre on 0871 943 1300. All calls to this number will cost you up to 12p per minute plus network extras. Please contact your telephone service provider to find out how much they charge you to access this number. Please make sure you have the bill payer’s permission before dialling.
A binding agreement will come into existence when we debit your payment method in accordance with section 4.
4. THE PRICE YOU PAY
All prices we advertise are accurate at the date published. But please note that advertised prices may have changed by the time you come to book your Package Holiday. Whilst evert effort is made to ensure the accuracy of information and prices when published, regrettably errors do occasionally occur as we are reliant upon the supplier(s) to provide us with the most up-to-date prices.
We reserve the right to make changes to and correct errors in both advertised and confirmed prices and/or cancel the Contract. In the event we are required to cancel the Contract due to an error in price or some other detail displayed being incorrect any payments made in respect of the Package Holiday will be refunded to the same credit/debit card used to pay the Package Holiday. If you have paid a deposit on the flight portion of your Package Holiday, ticketing of the same will only happen when the balance is paid in full. In addition and in certain circumstances airlines may change the date in which we have to ticket your booking. When this happens, you will be notified and given a choice in which you may either pay in full at that time or pay at your originally arranged balance due date. If you choose not to pay at the time advised, the price of your ticket may invariably rise. In other cases, taxes may increase which will result in increases to your tickets. In these cases we levy a surcharge amount. If any surcharge is greater than 8% of your Package Holiday (excluding insurance premiums and any amendment charges), you will be entitled to the options as referred to in this section (see below).
In addition to your Package Holiday price you may have to pay local city taxes which will be payable by you locally in resort.
Except where our Deposit or Part Payment offer(s) is available, payment for the Package Holiday is payable in full at the time of booking via credit or debit card.
Bookings made via the Website must be paid for in full at the time of booking (unless otherwise stated) via credit/debit card and we may also offer a bank transfer facility. Please ask at the time of booking. For your convenience, a Part Balance and Full Balance online payment facility is available via the menu bar on the home page of the Website. In the event that you book your Package Holiday more than 14 weeks before departure and do not wish to pay in full please contact our reservations team on 0871 943 1300 where payment of a deposit to book your Package Holiday may be possible. For the avoidance of doubt, as we sometimes release tickets as soon as your Package Holiday is booked it should not be assumed that your Package Holiday has been paid in full. In all cases, your balance will be due 14 weeks prior to departure unless otherwise agreed or stated. It is essential that you pay your due balance at this time unless you have prior authorisation from a member of our team which was detailed and recorded at the time of your booking. If you are having difficulty in meeting the balance due date and where it is possible for us to allow extra time for you to pay the same, we will advise you at the time of your enquiry. It is important to note however, that we may not be in a position to delay payment to our suppliers although you will be advised of this at the time of calling. Please refer to section 27 of these terms and conditions regarding cancellation charges should you decide to cancel or are unable to pay your full balance. We reserve the right to charge the card holders original credit or debit card should subsequent cancellation charges apply. Part Balance and Full Balance payments may be paid on-line by visiting the Website and clicking on the “Payments” link in the top of the home page.
It is important to note that your payment type has to be debited once you have authorised us to do so (via an order or verbal confirmation) before we may confirm your booking and it is imperative to note that you have enough funds in your account as we may not be in a position to confirm your booking if not. In rare circumstances, despite debiting your account with good intention in order to confirm your booking, it is fact that for whatever reason, sometimes one or more of the components that make up your Package Holiday are not available. Should this unfortunately be the case and we are not able to confirm all components of your chosen Package Holiday as authorised by yourself, we will not therefore be in a position to meet our contractual obligations and your monies will be automatically refunded to the payment card you presented to ourselves.
Low Deposits & Payments
From time to time we may make offers available where you can take advantage of a lower initial deposit payment (‘Low Deposit Offer’). Where this is the case, the following terms will apply:
1.Where you make a booking that takes advantage of the Low Deposit Offer, you may be able to spread the deposit applicable to your chosen Package Holiday over a one or two month period OR you will be informed of a “deposit due date”. In all cases, you will be advised of the deposit method we are able to offer and be given the opportunity to accept or reject this method before you confirm your booking.
2. The amount of the low deposit required at the time of booking along with details of any further deposit and the value of the final balance, together with the applicable payment due dates will be communicated to you before you confirm your booking.
3. Where you make a booking under a Low Deposit Offer, all of the standard booking and cancellation terms set out on this set of terms and conditions will apply to your booking, as normal.
4. All deposits (including both the initial low deposit and the further part-deposits you are required to pay, where applicable) are non-refundable and therefore would not be reimbursed should you decide to cancel your booking.
5. Please Note: If you wish to cancel your booking where you have relied on the Low Deposit Offer, it is possible that the cancellation charges applicable to your booking may exceed the sums you have paid at the point you cancel. Where this is the case you will be required to pay any additional sums that are necessary to ensure that the applicable cancellation charges are met in full, please see clause 27 for further details.
6. If the balance due date applicable to your booking (normally 12 weeks prior to departure) falls prior to the date agreed to pay your deposit, then the full balance for your booking will still fall due on the normal balance due date.
7. If you would like to make changes or add extras to your booking, you will be required to pay the additional associated charges (i.e. amendment charges) when the amendments are applied.
8. Please note that any Low Deposit Offers that we promoted are subject to availability and are offered entirely at our discretion.
9. When you make a booking online or through our telephone booking service and/or make any further payments on-line including your balance, you will be subject to an administration fee of £4.95. Should you choose to make a telephone payment with a member of our administration department, the payment will be subject to an administration fee of £15.00.
10. We reserve the right to automatically debit any of the balance payment due via our Secure Card Token as mentioned below on the dates agreed however, should this be the case you will be advised at the time of booking.
11. Should you default or cancel your Package Holiday, any further deposit balance due together with any cancellation charges will be payable in full and you agree and accept that we are able to debit the payment card we hold on file with the sum outstanding.
12. Should any amount due to ourselves not be paid at the agreed time, we reserve the right to recover any amount due via the appropriate and applicable channels and we will send you notifications when this will be the case.
It should be noted that should the price quoted at the time of submitting the online booking request not be available to confirm, our on-line team will recalculate the price of your new holiday arrangements taking account of the total order price and not the breakdown of the same. For the avoidance of doubt, any difference in price offered to you will only take account of the difference between the price quoted at the time of submitting the online booking request and the cost of the new holiday arrangements.
Once the price of your chosen Package Holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price of the Package Holiday if there are changes in transportation costs or dues, taxes or fees payable for services such as tourist taxes, landing taxes or embarkation or disembarkation fees at ports or airports or currency or exchange rates used to calculate the cost of your Package Holiday which mean the price of your Package Holiday may change after you have booked. We will notify you about any variation by sending you a calculation explaining the variation. However, we will not change the price of your Package Holiday within 20 days of your departure date.
If the increase is payable, there will in addition be an administration fee of £4.95 per person.
Should the price of your Package Holiday go down then any refund due will be paid to you. Please note that we may deduct administrative expenses from any refund owed as a result of the reduction in price.
Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
If the increase is more than 8% of the holiday price shown on your Booking Confirmation (excluding insurance premiums, amendment charges and/or additional services) then:-
1. You may cancel your Package Holiday within 14 days from the date when we notified you about the variation and receive a full refund of all monies paid to us except any amendment charges. We will consider an appropriate refund of any insurance premium paid to us if you can show us that you are unable to transfer or reuse your policy; and
2. The increase will be considered a “Significant Change” as described in section 29 below and unless you choose to cancel, you will be entitled to the alternatives set out in section 29, but in either case you will receive compensation in accordance with section 29.
We will absorb and not charge you increased costs of up to 2% of your Package Holiday (which excludes insurance premiums and any amendment charges)
5. CUSTOMER CARD DATA AND PAYMENTS
In the interests of protecting customers card data and for security purposes, when you make an on-line booking request or non-online booking your card details will not be held on our servers. Instead the card details are processed immediately if all components of your chosen Package Holiday are available but no monies are debited if your chosen arrangements are not available. In either circumstance the card details are “Tokenised” by a fully approved payment provider who validates your card on behalf of your card issuer. Where the card details are “tokenised” we are unable to see your card details. The token enables us to process the payment of your Package Holiday if it is available or you give us authority to proceed with any alternative holiday arrangements and/or an increase to your chosen Package Holiday. The token may be valid for the lifetime of your card and will allow you to pay your balance securely on-line via our balance payment system without entering your card details again. Where deposits and cancellation payments are due, it will also allow us to debit the balance of deposit or any payment due to us should you have cancelled your Package Holiday or any payments remain outstanding.
6. OPTIONAL EXTRAS
Optional extras are not included in any of the Package Holidays we advertise or sell (unless otherwise stated). For example, checked baggage, meals, refreshments, extra leg room, priority boarding, pre-allocated seating may need to be added at extra cost at the time of booking or will be payable at the airport or on-board the aircraft. In many cases optional extras will be limited and are at the discretion of the airline concerned. Please enquire at the time of booking for details of optional extras.
You are able to add hold luggage to your booking up to 5 days prior to departure. It is your responsibility to ensure you have sufficient baggage allowance. Please be aware that hold baggage weight restrictions may also vary between the supplier(s) we feature. Unfortunately, it is also not uncommon for restrictions regarding purchase of luggage being on a “none or all” basis on the flights we sell.
Currently, all hand luggage is FREE (ranging from 5kg’s to unlimited per person) however, in line with the majority of UK airlines hold luggage charges vary from £20-£60 (short-haul) or £30-£60 (long-haul) each way per suitcase and weight allowance per suitcase will also vary between 15kg’s and 22 kg’s. It should be noted that airlines also place compulsory “admin fees” or “check-in charges” relating to luggage charges/changes. For the avoidance of doubt, it will not follow that a direct airlines price or policy of charging for luggage, admin fees or check-in charges will be reciprocated by us and additional administration charges may apply. Please note, luggage charges may be considerably more when paying at check-in and our advice is to pre-book any hold luggage you require prior to departure.
All luggage charges are subject to change at any time.
Other extras such as ancillary items including Car Parking, Airport Lounges, Airport Hotels and Car Rental may also be added to your booking on request at the time of booking or any time up to departure. In the case of car rental, it is imperative that you have a “credit card” when picking up your car as all car rental companies will require a sizeable deposit and you must ensure your credit card (not debit card) has enough limit on it prior to travelling. Please ask at the time of booking if you require us to confirm the amount that will be “held” on your card by the car rental company whilst you are hiring the car. You should also be aware of minimum driver age limits etc prior to travel.
7. ONLINE BROCHURE CONTENT
We display a range of information throughout the booking process concerning the specifics of your chosen Package Holiday. In every instance this information is provided by the supplier(s) and is subject to change entirely at their discretion. Special offers, such as free child places, can and do change without notice. We cannot be held responsible for errors or omissions in the description of the Package Holiday.
Despite our best endeavours to ensure that the many data feeds available on the Website are regularly updated, we cannot be held responsible for any technological deficiencies which may occur however we undertake that we will always take the appropriate action should we find or be informed of any fault of any data feed on the Website.
All descriptions and content on the Website or otherwise issued by us is done so on behalf of the supplier(s) in question and are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on the Website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.
Please bear in mind that accommodation owners, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. Flight times and carriers are given for guidance only as there may be changes. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure. There may also from time to time be general refurbishment at these establishments. These are necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near to your departure this may be.
8. ACCOMMODATION GRADING AND DESCRIPTIONS
Any star ratings we advertise are based on the accommodation ratings issued by our suppliers in accordance with their own grading systems which may vary by supplier. For example, a property we advertise may be featured by more than one supplier(s) however each supplier may grade the same differently and you should take note when searching your accommodation that each supplier grading is available to you by clicking the “more info” button on each “room description”. It is also extremely important to note that supplier ratings are based on many things which are relative to that supplier i.e., some may grade their accommodation from reviews received from previous customers, some may base on country ratings of hotel origin or even from their own personal inspections and in summary accommodation grading’s should a) only ever be used as a guide and b) may differ to the official rating advertised by a hotel directly. Please also note, standards may vary between accommodations of the same class in different countries. It is important to carefully read the individual accommodation descriptions. A comparison of cost may also give some idea of how accommodation in the same resort/country is likely to compare in terms of general standards. Accommodation, whatever the rating, is based on a twin or double standard room unless otherwise stated. You should also note and never assume that information or descriptions advertised via the accommodation suppliers own website will be the same as those advertised on our own, simply due to the fact that the supplier(s) may negotiate certain differences in the interests of gaining price advantages for our customers and over their competitors.
9. PASSPORTS, VISAS, IMMIGRATION REQUIREMENTS AND HEALTH REQUIREMENTS
It is your responsibility to check and fulfil passport, visa, health and immigration requirements before departure. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation, or you fail to comply with all applicable health requirements or indeed if you have not checked prior to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. Please refer to the Essential Holiday Information (immediately after section 37) for more information.
There are varying types of flights that we may book as part of your Package Holiday i.e. Charter, No Frills, Full Published and Consolidated. Any flight element of your Package Holiday is provided by an independent supplier. Each supplier has their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, 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.
Please note: the carrier reserves the right to refuse carriage to any person who has acquired a ticket in violation of applicable law or carriers’ tariffs, rules or regulations. Right of refusal may now be granted to Airlines under new and stringent anti-terrorism laws.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 26 will apply.
11. CHARTER FLIGHT CONDITIONS
A charter flight is invariably where an ATOL licensed Tour Operator such as , Thomson, or Thomas Cook etc. has “chartered” their own aircraft. When we book a charter flight on your behalf, we will identify that Charter Operator on your ATOL receipt. Full terms and conditions relating to individual charter airlines may be found in the relevant charter airline brochures. Where copies of these conditions are not readily available, copies of these terms and conditions are available on request from us or the supplier concerned. By booking with us, you are agreeing to these conditions.
12. NO FRILLS FLIGHT CONDITIONS
When we book a “No Frills” flight on your behalf, we will identify that “No Frills” airline on your ATOL receipt. It should be noted, that “No Frills” airlines operate independently of each other and are normally quite inflexible. Furthermore, they will invariably charge more for amendments once the booking has been made and levy “severe” cancellation charges. By allowing or asking us to book a “No Frills” flight on your behalf, we regret and you accept that we are unable to take any responsibility for flights changes, or cancellation made to any part of your reservation by the “No Frills” airline. For the avoidance of doubt, when we book a “No Frills” flight on your behalf, you are agreeing to the “No Frills” airline booking terms & conditions. We will of course endeavour to change/amend all other components of your Package Holiday without charge through co-operation with our suppliers in the event of a cancellation or change by the No Frills airline however cannot guarantee this will be the case.
13. FULL PUBLISHED/CONSOLIDATED FLIGHT CONDITIONS
A “Full Published/Consolidated” flight is normally identified as a flight operated by a “National Carrier” such as British Airways, KLM, Air New Zealand, Cathay Pacific etc. When we book a “Full Published/Consolidated” flight on your behalf, we will identify that “Full Published/Consolidated” airline on your ATOL receipt . It should be noted Full Published/Consolidated Airlines normally levy “severe” cancellation/amendment charges dependent on the type of ticket booked.
14. UPGRADING YOUR FLIGHT & FLIGHT SEAT REQUESTS
Unless you have pre-booked your seats (where this facility is available), it may not be possible to obtain them together. Please bear in mind that even when you do pre-book seats, in most cases we will not be able to confirm the actual seat numbers or position on the aircraft. Where possible, we will offer you a further range of upgrade options designed to give you a more comfortable journey at a reasonable supplement.
15. DIRECT FLIGHTS
The flight routings used in connection with our Package Holidays may be based on special fares which do not necessarily take the most direct route. Some itineraries require a change of aircraft on route. A flight that is described as direct is one where there is no need to change aircraft during the journey. However stops may be made en route for re-fuelling or to let passengers on and/or off. Details of any stops will be given on your itinerary. However, should you require this information at an earlier stage, please check with your travel advisor at the time of booking.
16. FLIGHT CHANGES
Unfortunately, airlines may occasionally change the type of aircraft on a particular flight without advance warning. Flight timings and days of operation are subject to change and we will advise you of any significant change as soon as we are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. It is possible that flight times may be changed even after tickets have been despatched . We will contact you as soon as possible if this occurs.
We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your Package Holiday. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change other arrangements without paying our normal charges.
We cannot be held responsible for airline re-scheduling/re-routing flights via other airport/destinations following your confirmation of booking. Unfortunately, airlines who re-route flights are not obligated to make a refund or reduction of any kind should a change to your original itinerary take place.
17. FLIGHT DELAYS
In the event of a flight being delayed the flight provider has an obligation to passengers pursuant to EU Regulation no 261/2004 of The European Parliament and of the Council governing air travel. However, the extent of such will depend on various other factors i.e. the type of flights you have booked, expected length of delay, local availability of accommodation, immigration rulings etc (see clause 33 for further information). Where long flight delays will result in lost holiday time, no refunds are given. It is in recognition of the above that your holiday travel insurance policy normally offers monetary compensation for flight delays.
18. IMPORTANT NOTE REGARDING TICKETING FOR CERTAIN AIRLINES
Full instructions of how you obtain your tickets will be sent to you at the time of booking or shortly thereafter. There may be instances whereby you are required to enter passport information prior to obtaining boarding cards. This will be detailed to you by email or if we do not have your email address by post. Some airlines allow you to administer most parts of the flight element of your booking i.e., add or cancel passengers, change passenger initial, title or surname(s), amend date, add luggage, add priority boarding, add pre-allocated seats plus any other facility offered by your particular airline. For the avoidance of doubt, where this is advised to you, and you wish to make changes it is important that you follow the below procedure.In the event you wish to make changes/amendments it is important that you contact us prior to making any change in order that we can pre-advise if any/all other subsequent elements or components due to be affected as a result of the change, can be amended to fall in line with such change. Where amendments can be made you will be responsible for the costs thereof to include any applicable administration fees. In the event you do make any changes it is essential that you advise us immediately by calling 0330 124 0424 or sending an email to email@example.com detailing your reference number and date of travel plus surname and your contact number clearly identifying the change(s) made. Please allow for weekends and public/bank holiday periods and out of office hours when our Customer Service team may not be available for advice or may be delayed in responding to email communication.
Should you make a change and not notify us which results in ramifications, (howsoever caused), to any other element or component of your Package Holiday or indeed any additional arrangements you have made, we accept no liability for any loss (monetary or otherwise) you incur as a result. In addition, should you receive a direct email from the airline regarding any type of change to your flight times, dates or anything other, you again must notify us on the above telephone number immediately.
19. BOOKING IF YOU ARE UNDER 18
It is a condition of our accepting your booking that the person who makes it is at least 18. We are entitled to assume that this is the case. Under no circumstances can we accept bookings from anyone who is under 16.
At our discretion, we may accept a booking from a person who is 16 or 17 and who wishes to travel without an adult accompanying them subject to meeting the following conditions in addition to any other specific conditions/restrictions advised at the time of booking or shown on your Booking Confirmation:
- You will only be allowed to travel/stay in the accommodation if you can satisfy the supplier’s age policy (please note that some suppliers refuse to accept groups of under 18’s and passengers aged below 21), and you have provided accurate ages for each child.
- Some of the Package Holidays and/or our suppliers have a minimum/maximum age range and some Package Holidays are for adults only.
- The Lead Passenger obtains and sends to ourselves by fax or scanned copy, confirmation from their parent or guardian that they may travel, that the parent or guardian will accept responsibility for the booking and that the party does not include anyone who is under 16. We will also require the parent/guardian to produce a copy of their passport showing their name and signature. Written permission from a parent/guardian cannot be accepted unless their signature can be checked. By providing signed confirmation, the parent/guardian will become the Lead Passenger even though they will not be travelling, and will be the person who enters into the Contract with us. For the avoidance of doubt, we are entitled to assume the aforementioned will be sent to us following confirmation of booking. We are entitled to cancel any booking which is made in breach of any of these requirements. In this case, full cancellation charges will be payable.
Notwithstanding the aforementioned, it should be noted that UK airlines have differing age restrictions and accordingly, you will be advised should an airline refuse the right of carriage to any person under its age limit when not accompanied by an adult. Should an order be made and subsequently cancellation of the same requested, normal cancellation charges will apply.
20. SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you wish to make a special request, you must do so at the time of booking by sending an email to firstname.lastname@example.org or by calling 0330 0124 0424. We will pass any reasonable requests on to the applicable supplier(s) of the Package Holiday however, cannot guarantee that requests will be met. The fact that a special request has been noted on your Booking Confirmation or any other documentation or that it has been passed on to the applicable supplier(s) of the Package Holiday is not confirmation that the request will be met. Failure to meet any special request will not be a breach of Contract on our part.
If you or any member of your party has any medical problem or disability which may affect your Package Holiday, you must provide us with full details at the time of booking by sending an email to email@example.com or by calling us on 0330 124 0424. If full details are not given at the time of booking, the applicable supplier(s) of the arrangements of your Package Holiday reserve the right to cancel the applicable component(s) of the Package Holiday when they become aware of these details. In these cases, cancellation charges will apply together with an administration fee.
21. UK NATIONAL RESIDENCY
It should be noted that any booking made or prices offered from ourselves are offered to you on the basis and belief that you are a UK National resident. We cannot be held responsible for increased rates imposed on you whilst in resort by the supplier(s) if you are not a UK National resident and a UK passport holder. You may be liable upon check in/check-out for additional charges imposed by the supplier directly. For the avoidance of doubt, each accommodation unit we feature may have differing rates for nationals of different countries and you may be liable upon check-in/check-out for additional charges. We reserve the right to cancel any reservation not meeting this criteria.
22. HOLIDAY INSURANCE
You must be fully insured for your Package Holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your Package Holiday, emergency evacuation and repatriation costs in respect of all your activities. There are some restrictions on insurance, for example pre-existing medical conditions and you should advise the insurance provider of these at the time the policy is taken out.
Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption.
It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
23. IF YOU CHANGE YOUR BOOKING
You must ensure all names and details are entered correctly at the time of booking. You will receive a Booking Confirmation once your booking is confirmed and you must contact us immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability for any errors or omissions if we are not notified of any inaccuracy within 2 days of it being provided to you. However should the error or omission be due to an error on our part we shall rectify the error at our own cost, provided you notify us within 2 days. For all other errors or omissions notified to us outside of these time limits we will endeavour to rectify or arrange for the rectification of any errors but you will be responsible for any costs involved in doing so.
You may be able to transfer your booking to another person provided the following conditions are met:
- you authorise the change in writing
- the new Lead Passenger accepts the transfer and the terms of our Contract
- that person complies with the terms of the existing booking
- that person has valid holiday insurance.
Please note that we will charge amendment fees to change a name of a booking. These will be added to the new invoice. The new Lead Passenger, and you should they fail to pay, will be responsible for the payment of any balance due on that new invoice.
We charge a £50 amendment fee per person for each detail of your booking we allow you to change. This is in addition to any charges from the supplier(s). Please refer to our amendment fees table below.
If you wish to change any part of your Package Holiday you must inform us in writing as soon as possible and in some cases we may accept email. This should be done by the Lead Passenger on the booking. Whilst we will do our best to assist, we cannot guarantee that the supplier(s) of the Package Holiday will be able to meet your requested change as amendments can only be accepted in accordance with the terms and conditions of the same. The supplier may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Package Holiday). Name changes and addition of luggage may be processed via our online facility located in the menu bar of the Website (Manage Order section).
Certain components of the Package Holiday, including most “Low Cost or “No Frills” flights may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the Package Holiday.
|Cancellation of an online order received but not completed||£75.00|
|Where our deposit facility is utilised and you make any interim and/or final balance payment(s)||£3.95|
|Transfer of booking to another person||£50.00|
|Increase in Package Holiday cost (section 4)||£3.95|
Amendments fees are subject to change at any time. Please note that amendment fees are non-refundable.
24. DELIVERY OF DOCUMENTS
All documents (e.g. invoices/tickets) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss, unless such loss is due to our negligence. You must pay any charges made by the supplier(s) if tickets or other documents need to be reissued.
25. CANCELLATION PROTECTION
In many situations, we offer cancellation protection in respect of the accommodation part of your Package Holiday which, if applicable, may be taken out at the time of booking. In the event it becomes necessary for you to cancel your entire Package Holiday and such cancellation is not covered by your travel insurance, you may cancel the accommodation part of your Package Holiday with us up to 15 days prior to departure and we will pay any cancellation charges associated with the accommodation. For the avoidance of doubt, this protection only covers the accommodation element only of your Package Holiday. If applicable, you will be notified and offered the option of taking out the protection at the time of booking. Further and for the avoidance of doubt, the cancellation protection will only apply when the Package Holiday is cancelled in its entirety and this protection will not be valid on accommodation only bookings nor accommodation changes for example, if you have been offered and taken our cancellation protection on your Package Holiday and simply wish to change the accommodation element of the same, this is not covered by the protection. However, if you do wish to change the accommodation element of your Package Holiday, we will do our utmost to make the change; however, we would like to advise that it may not always be possible. If it is possible to make the change the normal administration fees will be waivered however any difference in cost between the originally booked accommodation and the change in accommodation must be paid for in full at the time the amendment is made.
Please note that the cancellation protection fee is non-refundable.
26. CANCELLATIONS WE MAKE TO YOUR BOOKING
We aim to provide your Package Holiday as booked, but there may be circumstances where we have to cancel the Package Holiday. For example, there are not enough people booked on your Package Holiday, there has been an error in price or some other detail displayed being incorrect or you do not pay the holiday price on time. However we will not cancel your Package Holiday less than 2 weeks before your departure date, except for unavoidable and extraordinary circumstances or in the event that we reasonably believe that there has been a fraudulent payment or a booking has been made for fraudulent purposes. If we cancel your Package Holiday, except where this is because you have not paid, you have the following options:-
1. receive a full refund; or
2. accept a replacement Package Holiday from us of equivalent or similar standard and price, if we are able to offer you one.
In either case, we will pay you compensation using the scale shown in section 29 below (unless we cancel your Package Holiday because you do not pay us the balance of the Package Holiday or because of unavoidable and extraordinary circumstances (please see section 30 below)) and we will refund the difference in price if the replacement holiday is of a lower standard and price. We will not be liable for additional compensation.
Cancellations to Package Holidays where we act as agent
We will inform you of any cancellations to your Package Holiday we have sold as agent for other suppliers as soon as possible. If the supplier offers alternative arrangements or refund , you will need to let us know your choice within the time frame stipulated by the supplier. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any cancellations made to your Package Holiday by the supplier under your contract with them.
27. IF YOU CANCEL YOUR BOOKING
If you want to cancel your booking, or part of it, you must contact us in writing as soon as possible. Your notice of cancellation will take effect when it is received at our offices. As we incur costs from the time we confirm your booking, we will levy the following cancellation charges.
These charges are based on how many days before your booked departure we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge for those passengers.
|Period Before Departure when Notice of Cancellation is Received||Percentage Of Total Booking Price|
|63 days or more||Total flight cost plus 35% of all other elements relating to the booking (or the deposit amount whichever is the greater)|
|62 – 42 days||Total flight cost plus 50% of all other elements relating to the booking (or the deposit amount whichever is the greater|
|41 – 34 days||Total flight cost plus 70% of all other elements to the booking (or the deposit amount whichever is the greater)|
|Less than 33 days||Total flight cost plus 100% of all other elements relating to the booking (or the deposit amount whichever is the greater)|
These cancellation charges apply to all bookings, except where a booking includes items or services where our suppliers’ own cancellation charges exceed those above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking and check your insurance policy to see if you will be covered for the cost of any cancellation charges.
Your deposit is non-refundable, even if the cancellation charge is lower than the deposit amount paid.
If you booked using a Deposit or Part Payment Offer, the full deposit amount stated in your Booking Confirmation will need to be paid upon cancellation.
28. YOUR CONDUCT
We are extremely proud of our customer service record and at all times our personnel will assist with your enquiry, reservation, grievance or otherwise with the utmost professionalism. Should you feel this is not the case please ask to speak to a senior member of our team. We do however reserve the right to terminate any call which we believe to be verbally abusive or offensive and enter a note in the booking.
We also reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, threatening or abusive, you damage property, you upset, or put any other traveller or our staff or agents in the UK or resort in risk or danger.
If you or any member of your party are disruptive and prevented from boarding your outbound flight in the UK, we will treat your booking as cancelled and you will have to pay full cancellation charges (see section 27) . If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel with you. This also applies if we or any other person in authority is of the reasonable opinion that you or any member of your party is likely to cause damage to property. The person(s) concerned will be required to leave the accommodation. We will have no responsibility to you or any member of your party. No refunds will be made and we will not pay any expenses or costs incurred as result of termination.
If, as a result of your behaviour during any stage of your Package Holiday, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result.
29. CHANGES WE MAKE TO YOUR BOOKING
We hope that we will not have to make any change to your Package Holiday but, because we start planning the holidays we offer many months in advance, we sometimes do need to make changes and correct errors in any marketing materials and other details both before and after your Package Holiday has been confirmed.
Whilst we always endeavour to avoid making changes, we must reserve the right to do so. If you have already booked, we will let you know as soon as we can.
Where we refer to a ‘price reduction’ in this section we mean that we will give you an appropriate reduction in the price you paid for the Package Holiday affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity.
Most changes will be insignificant and we reserve the right to make them. Examples of “insignificant changes” made before departure include facilities described in our brochure/Website being withdrawn for reasons beyond our control, alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard, change of embarkation/disembarkation point to another in the same city or region and changes of carriers. No compensation is payable for insignificant changes to your Package Holiday.
Significant changes to your Package Holiday
Occasionally, we have to make a “significant change” to your Package Holiday. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your Package Holiday.
Significant changes to your Package Holiday for which we will pay compensation (unless the change is for unavoidable and extraordinary circumstances), using the scale shown below, may include the following changes: a change of accommodation to that of a lower classification or standard for the whole or a major part of the time you are away; a change of accommodation area for the whole or a major part of the time you are away; a change in the time of your departure or return flight by more than 12 hours. Please note, where your booking includes a “no frills flight”, changes imposed by the airline (for example change of departure or return time or UK or overseas airport) and the consequent effect on your holiday will not generally be treated as a significant change.
These changes are only examples and there may be other significant changes which constitute a significant change.
If we have to make a significant change, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
- accept the new arrangements offered by us; or
- accept a replacement Package Holiday from us of equivalent or similar standard and price. Where possible, we will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original Package Holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available package holidays. You must pay the applicable price of any such holiday; or
- cancel your Package Holiday with us and receive a full refund of all monies paid.
We will pay you compensation using the compensation table shown below, unless the change is due to unavoidable and extraordinary circumstances (see clause 30) or we cancel your Package Holiday no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached and we will always refund the difference in price if the replacement holiday is of a lower standard, at the date of the change.
In the event that we notify you of a significant change to your Package Holiday and you do not respond we will send a further reminder with a further request to confirm your final decision. If we fail to hear from you we reserve the right to cancel the Package Holiday and you will receive a full refund.
If after your departure, a significant part of your pre-booked Package Holiday cannot be provided, you will be offered a suitable alternative if possible. Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements, where appropriate, we will also pay you compensation in accordance with the table below, unless the reason for the change is due to (i) you, (ii) a third party unconnected with the travel services included in your Package Holiday which is unforeseeable or unavoidable or (iii) an unavoidable and extraordinary circumstance. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, you will have the right to cancel your booking. In this event, you will have the right to be returned by the same means of transport to your original departure point at no extra cost provided that transport is available. This does not impose an obligation on us to make specific transport arrangements for you if none are available.
Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a significant change.
|Period before departure when a significant change is notified to you||Compensation payable per person|
|More than 56 days||nil|
|Less than 14 days||£20|
If the change is not acceptable to you
If any significant change indicated above is not acceptable to you, you can cancel your Package Holiday . In this case we will refund all the money you have paid us and will pay you compensation, as show above, depending on how many days before your holiday we tell you about this change, unless the change is unavoidable and extraordinary circumstances (see section 30) or we cancel your Package Holiday no later than 20 days before they are due to start.
Changes to Package Holidays where we act as agent
We will inform you of any changes to your Package Holiday we have sold as agent for other suppliers as soon as possible. If the supplier offers alternative arrangements, you will need to let us know your choice within the time frame stipulated by the supplier. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes made to your Package Holiday by the supplier under your contract with them.
30. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
In these Booking Conditions “unavoidable and extraordinary circumstances”” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events include but are not limited to: war, threat of war, riots, civil disturbances, terrorist activity and its consequences, industrial disputes, any failure to secure relevant flying rights, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemic, the inability of airlines to operate flights as a result of the UK’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of the airlines to enter any airspace, access to certain ports/airports and changes to Visa requirements) and all similar events outside our or the supplier(s) concerned control.
Except where otherwise expressly stated in these Booking Conditions, we regret we or the supplier(s) concerned will not be liable or pay you a price reduction or compensation where the performance of our obligations under our Contract with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of unavoidable and extraordinary circumstances.
31. ASSISTANCE TO THOSE TRAVELLING ON A PACKAGE HOLIDAY IN THE EVENT OF DIFFICULTY OR UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Where you have booked a Package Holiday, we will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in clause 30. Such assistance will extend to providing appropriate information to health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact 0330 124 0424.
32. FINANCIAL PROTECTION FOR YOUR PACKAGE HOLIDAY
The Package Travel, and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the Package Holiday you book with us. For flight inclusive packages we provide this security by way of a bond held by the Civil Aviation Authority (CAA) under ATOL number 11461 administered by the CAA.
This means that in respect of your Package Holiday, in the unlikely event of our insolvency, the CAA will ensure that you are not left standard abroad or 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.
When you buy a flight inclusive holiday from us you will receive an ATOL Certificate which lists what is financially protected, where you can get information on what this means for you and 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 (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.
33. OUR RESPONSBILITY FOR YOUR PACKAGE HOLIDAY (EXCEPT WHERE WE ACT AS AN AGENT)
The services that make up your Package Holiday will be provided either directly by us or through independent suppliers contracted by us. Except where we act as a booking agent we are responsible for making sure that each part of the Package Holiday that you book with us is provided to a reasonable standard and as was advertised (or as changed and accepted by you).
We will accept responsibility for your Package Holiday as an “Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. If, after departure, any part of your Package Holiday (as set out on your Booking Confirmation) is not provided as promised due to the fault of our employees, agents or suppliers we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will pay you reasonable compensation, if this has affected the enjoyment of your Package Holiday. The level of such compensation will take into account all relevant factors including the price of the Package Holiday, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the lack of conformity has affected your enjoyment of the Package Holiday.
It is condition of the payment of compensation that you notify us of any complaint or claim in accordance with clause 35 and, further, assign to us any rights that you may have against any third party in connection with your claim. It is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible for any lack of conformity, injury, illness, death, loss, damage, expenses, cost or other claim of any description whatsoever which results from:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your Package Holiday and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as set out at section 30.
For all other claims which do not involve death or personal injury, our liability shall be limited to three times (twice in the case of travel services which are not a Package Holiday) the price of your Package Holiday (excluding insurance premiums and amendment charges). This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit from your arrangements.
The promises we give you regarding the services we have agreed to provide as part of the Contract, together with the laws and regulations of the country in which your claim or complaint occurred, shall be used as the basis for ascertaining whether or not the services in question have been properly provided. If the services in question which caused the claim or complaint complied with the local laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided. This will also be the case even if the services did not comply with the laws and regulations of the UK which would have applied if those services had been provided in the UK.
We will not be responsible, make a price reduction or pay compensation for services or facilities which do not form part of our agreement or where they are not advertised on our Website or in our brochure. For example any excursion or other leisure services you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay whilst your away are not part of your Package Holiday provided by us and these Booking Conditions do not apply.
From time to time we may introduce you to third party suppliers of excursions or other leisure activities. Please note that should you choose to enter into a contract or excursions or other leisure services, your contract will be with that supplier directly and we act only in the capacity as an agent, and therefore will have no liability for the proper performance of the Contract.
Please note that your belongings are taken on holiday at your own risk and neither we or the accommodation supplier, and any other supplier of the Package Holiday, are responsible for any loss, theft or damage that occurs to your money, valuables or other personal effects during your Package Holiday.
We do not accept any liability for any damage, loss, expense or other sum(s) of any description which, based on the information you have us at the time of booking, we could not have foreseen you would suffer or incur if we breached our Contract with you. We also do not accept any liability for business losses.
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 Package Holiday. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your Contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this Contract; 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 baggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. Any liability we may have arising out of carriage by sea will be determined by the Athens Convention 1974 as if we were the actual or contracting sea carrier. In most cases the Athens Convention limits liability for death and personal injury and for loss of and damage to luggage, and makes special provision for valuables. It presumes that luggage has been delivered to you undamaged unless you inform us in writing: i) in the case of apparent damage, before or at the time of disembarkation from the ship or the time when the luggage is redelivered to you; ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation from the ship or of redelivery or from the time when the luggage should have been redelivered to you. Copies of the applicable international conventions and regulations are available from us on request.
Under EU law (EC Regulation 261/2004) 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 Package Holiday cost from us. Your right to a refund and/or compensation from us is set out in these terms and conditions. If any payments to you are due from us, any payment made to you by the airlines will be deducted from this amount.
34. OUR LIABILITY TO YOU FOR PACKAGE HOLIDAYS AND SERVICES WHERE WE ACT AS AGENT
In respect of Package Holidays and services where we act as agent for other suppliers, we have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these Booking Conditions, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question of any acts or omissions of the supplier, its employees or agents.
It is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
35. IF YOU HAVE A COMPLAINT
If you have cause to complain prior to your departure “pre-departure grievance”, you should call or email us in the first instance and we will do our utmost to deal with and resolve your grievance.
If you have cause for complaint whilst on holiday, you must bring this to the attention of the agent or representative (if there is one) and the establishment of where you are staying who will endeavour to put things right. You must also complete a customer report form (if there is one) whilst in resort.
If there is no local agent or representative, you must contact the supplier on the emergency number detailed on your accommodation voucher or contact us direct on our emergency number 01244 957921. If you fail to follow this procedure there will be less opportunity for the supplier(s) to investigate and rectify your complaint. You should note that it is unreasonable to take no action whilst on holiday, but to then write a letter of complaint upon return.
If you remain dissatisfied or your complaint is not resolved locally, you must write to us within 28 days of your return from holiday giving your booking reference and full details of your complaint including any additional information supporting your complaint to Customer Services, Holiday Gems Ltd, Unit 14, Telford Court, Chestergates Business Park, Dunkirk, Chester. Complaints must only be addressed from the Lead Passenger. If you fail to follow this simple complaints procedure (in resort and on your return home), we will have been deprived of the opportunity to investigate and rectify your complaint and this will affect your rights under your Contract and your right to any compensation you may have been entitled to will be affected as a result.
You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payment made to you in connection with the associated claim (together with costs incurred by us).
We will manage the complaint on your behalf and a letter of acknowledgment will be sent to you within 28 days of receiving your grievance following which you should allow a period of a further 60 days in order that we can make necessary investigations into the same. Should responses not be forthcoming from the supplier(s) or we remain dissatisfied with the response(s) we have received, we will inform you accordingly of any extra time that may be required in order to fully respond to you. Please note that this clause is only intended to benefit you as we require full and detailed responses to any issues raised which, in peak occupancy season becomes problematic for supplier(s) to respond within our normal and required timeframe.
36. THE CONDITIONS OF YOUR TICKET
When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens Convention. You agree that the transport company’s own ‘Conditions of Carriage’, will apply to you on that journey. When arranging this transportation from you, we rely on the terms and conditions contained with these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your Contract with us as well as with the transport company.
37. BOOKING CONDITION AMENDMENTS AND RIGHT TO REFUSE TRAVEL ARRANGEMENTS
We reserve the right to add, withdraw and/or amend any of our Booking Conditions at any time and without notice and furthermore reserve the right to refuse any booking.
ESSENTIAL HOLIDAY INFORMATION
In the event you have cause to complain prior to your departure or whilst on holiday, it is essential that you comply with the terms of clause 35 of the Booking Conditions. Failure to follow the complaints procedure will affect your rights under your Contract and your right to any compensation you may have been entitled to will be affected as a result.
You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payment made to you in connection with the associated claim (together with costs incurred by us).
Submitting a fraudulent claim is a criminal offence in the UK, which could result in a criminal record and a fine.
Passports, visa and immigration requirements
Your specific passport, visa and other immigration requirements are your responsibility. We advise that you confirm these with the relevant Embassies and/or Consulates well in advance of booking, to avoid any delays on the day of departure.
British Citizens will need a full 10 year passport to travel to the destinations we feature and are generally required to have 6 months remaining on it after the scheduled date of return. Children are required to have their own passport. The name on your passport must match the name on your ticket, otherwise you may not be able to travel or your travel insurance may become invalid. If you or anyone in your party changes their name, please contact us immediately so that they can reissue you with a new ticket. An amendment fee will be applicable for this service.
Non-British Citizen passport holders or British Citizens holding a passport issued abroad or holders of British Subject Passports should contact the appropriate Consulate or Embassy for advice.
For European holidays you should obtain a completed and issued European Health Insurance Card (EHIC) prior to departure.
Please note travel to any destination via the U.S.A. requires a mandatory Electronic Visa (ESTA).
Health and medical advice
Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the following: www.fco.gov.uk (see the “Know Before You Go” section of the website); www.hpa.org.uk; www.nathnac.org.uk; your GP; or a specialist clinic. Whilst many Western European destinations currently have no compulsory inoculation requirements, advice about destinations can change. Customers travelling to other destinations are recommended to seek advice from the sources mentioned above.
The Foreign and Commonwealth Travel Advice Unit may have issued health and/or safety information about your holiday destination. You are advised to check this information by calling 0845 850 2829 or by visiting the FCO website directly: www.fco.gov.uk or https://travelaware.campaign.gov.uk/. The advice on the FCO website can change so check regularly for updates about your specific holiday destination.
Medical requirements, special needs & mobility assistance
If you require special assistance for you or a member of your party (e.g. use of a wheelchair, recognised assistance dogs, medical or mobility equipment, special seating requests) you must tell us when you book or, if later, as soon as possible after booking so that we can make sure appropriate arrangements can be made. Failure to notify us in this way may mean that assistance is not available in connection with the flight, accommodation, resorts, transport and/or services.
It is your responsibility to ensure you are medically fit to travel and fly. Please remember that this covers your whole journey, including the duration of the flight and also the period you may be waiting at, and in transit through, the departure and arrival airports, as well as possible unforeseen delays or diversions.
Booking a room for early arrival or late departure
Generally, your accommodation will be available from 2pm on the date of arrival , and is to be vacated between 10 am and noon on the date of departure, irrespective of your arrival or departure times and unless we have stated otherwise. Should you wish your room to be ready prior to this time frame on your day of arrival or available after 10 am for an afternoon or evening departure, it may be possible to reserve the room at the time of booking however this will be on a “subject to availability” basis. This could incur additional cost and is normally paid locally. Should we not be able to accommodate your request, you may also ask at reception (if applicable) on your date of arrival or at any time during your stay.
Meals if included are based on table d’hote menus, or a meal voucher system unless specified otherwise. Holidays which include main meals generally commence with dinner on the day of arrival at your accommodation, terminating with breakfast (on half board) or lunch (on full board) on the day of departure. No refunds on meals “not taken” can be given. Special diets of any kind (including vegetarian) can seldom be catered for adequately within the constraints of a table d’hote menu and cannot be guaranteed. We would therefore strongly suggest that anyone with special requirements takes a holiday where no meals (or only breakfast) are included.
Please note, if you book accommodation on an “all-inclusive” basis, accommodations differ in their “all-inclusive” offerings including the time all-inclusive options are available. Assumptions should not be made that accommodations booked on this basis will include for example “branded” spirits as they may offer local alternatives.
Resorts displaying a ‘Free Wi-Fi’ symbol on our Website or in our brochures have free Wi-Fi available, although for hotels it is not guaranteed throughout the resort. For example, free Wi-Fi may only be available in the hotel lobby. Connection speeds will vary by accommodation and no guarantee of availability can be provided.
Some facilities at your accommodation may be payable locally. We endeavour to advise you of all local charges in our descriptions but this may not be possible or they may change from time to time.
Service and amenity variations during 'peak' and 'off-peak' seasons
Most of the destinations we feature/advertise are available all year round, however some do have quieter “off peak” periods when you can enjoy the resort or city being less crowded and more personal attention from staff. Due to the fall in demand in 'off peak' periods, it may be necessary for establishments, such as restaurants, to scale down their services or the size of some of their facilities. In some resorts recreational facilities such as outdoor pools/water sport activities may also be reduced or even closed. Similarly, during peak periods, establishments often experience full occupancy which may result in a livelier atmosphere and slower service.
Advice regarding public holidays and religious/cultural customs
Virtually all countries have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays such as Ramadan, which is celebrated in many Muslim countries, may result in a reduction of facilities, entertainment and a restriction on alcohol. Also, please note that excursions to religious sites, churches and temples will often have strict dress code policies (e.g. Vatican City, Rome).
The hygiene and care of animals overseas differs vastly from what we are used to at home. We suggest that your client does not feed or play with animals, domestic or wild, whilst abroad and ensure that children are not allowed to do so. Please advise your client that if they are bitten or scratched by an animal, to seek medical assistance immediately. Your client should protect themselves against insect bites also.
Building and development works
Many accommodation establishments and resorts are continuing to develop. Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at these establishments is necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near to your departure this may be.
Factors which can affect electricity and water supplies
In many of the less sophisticated destinations we feature the water and electricity services struggle to keep up with the increased demands from tourism. Limited rainfall can put further pressure on their provision. Establishments do everything possible to maintain full services, however occasional power cuts and/or water restrictions may be experienced.
Factors which can affect accommodation standards (cleanliness, insects, etc.)
In many establishments, especially beach resorts, insects in the rooms (e.g. cockroaches, mosquitoes, ants, etc.) are almost inevitable. It should by no means be taken as a sign of dirtiness, simply as a fact of life in these destinations.
Your holiday accommodation
Never leave your key where someone can see your room number and don’t leave your window or patio doors open. Make sure doors are looked.
Children should never be left unsupervised on balconies.
Never leave cookers unattended while in use and ensure all cooking appliances are switched off when you leave your apartment or go to bed.
Always check that gas appliances are turned off when not in use. If you have concerns speak to reception, or tell your representative.
Be aware that glass doors and windows are not always toughened glass. Please take extra care in bright sunlight as it may not be obvious whether the window/door is open or closed.
Check all escape routes and locate the nearest fire exit to your accommodation.
If a fire occurs evacuate your accommodation immediately.
Most hotels and apartments abroad do not employ a lifeguard. Please advise your client that they need to adopt a sensible attitude around the pool and make sure that children and non-swimmers are supervised at all times. Please advise your client that before diving, they check the water is deep enough. Please advise your client to take care when walking around the pool, as pool surrounds are often slippery when wet. Your client should not enter the pool after drinking alcohol.
Here are some tips to ensure your client’s safety at all times when using the swimming pool:
- Always check the pool design and layout before getting in.
- Check their height in relation to the pool depth.
- Find out where the deep and shallow areas are, plus any slopes.
- Check for any "hidden" obstacles in the water (e.g…. rocks, ledges).
- Never dive from the pool side into less than 1.5m of water, and never dive from bridges, rocks, or other decorative features.
- Check to see if the pool has a lifeguard in attendance. If so, when?
- Do not use the pool if you cannot see the bottom.
- Swim before eating and drinking, not immediately after.
- Check what to do in an emergency. If it is not stated, ask.
- Always supervise children.
- Do not swim at night (or when the pool is closed).
- Remember to always use adequate protection against the sun’s rays.
Some of us like to indulge especially during our holidays, but there are times when alcohol is best avoided. Please advise your client not to drink before swimming in the pool or sea and try to avoid when sun bathing as this will dehydrate you. Please advise your client to never drink if hiring a car as drink driving laws exist in most counties.
Please advise your client not to get involved with drugs. This is a serious offence and carries heavy penalties. Advise your client to respect local customs regulations and never carry anything through customs for anyone else, smuggling is a serious offence too.Sea/Beaches
At times, especially during rough conditions, dangerous currents may be present. Please advise your client to follow the flag warning signals available on most beaches and swim in the designated areas and to be especially careful if they have small children.
Here are a few tips:
- Advise your client to familiarize themselves with the local flag warning system.
- See local advice on the safest beaches.
- Check to see if the beach has a lifeguard in attendance.
- Swim parallel to the shore, within your depth.
- Beware of local conditions (e.g. tides, winds, currents) seek advice.
- Supervise children at all times.
- Swim before eating and drinking, not immediately after.
- Do not swim at night.
- Find out what the appropriate emergency procedure is.
- Beware of any “zones” for power boats, jet skis etc.
- Remember to always use adequate protection against the sun’s rays.
Never sit or lean over the balcony rail, do not try to pass items to someone on another balcony, do not attempt to climb from one balcony to another, never stand on balcony furniture and never jump into the pool from your balcony.
Few hotels and apartments are obliged to install “toughened” or safety glass in their windows, doors, glass cabinets, etc. Please advise your client to take particular care when walking through patio doors, as in bright sunlight it can be difficult to spot if they are closed.
Money and personal belongings
We strongly recommend that you store all money and valuables in a secure place during your holiday. When in resort, please check if your accommodation offers a safe in your room. These are not guaranteed for any of our accommodation. Please note, your belongings are taken on holiday at your own risk and neither we nor the hotelier are responsible for any loss, theft or damage that occurs to your money, valuables or other personal effects during your time away.
Sport and Activity
Please make sure that the insurance policy your client takes out will cover them in the case of a sports/activity accident. Some activities are deemed more dangerous and are NOT covered or carry a higher premium. Ensure your client reads the policy and if they are unsure, to ask.
- Advise your client to always use a sunscreen that protects against UVA and UVB (ultra violet) and has a high SPF (sun protection factor).
- Advise your client to avoid the midday sun, but if they have to go out, cover up with loose clothing and wear a wide-brimmed hat.
- Never expose babies under six months to direct sunlight.
- Always protect small children thoroughly with a high SPF sunscreen and suitable clothing. Take extra care when children are in the water.
- Advise your client to protect their eyes from the sun with a good pair of sunglasses.
- Remember your client can still burn in the shade, when it’s cloudy or when they are swimming. Wind and water intensify the sun's effect, so while your client may feel cool, they could be burning.
Please remember that it is dangerous to use electrical appliances when your client is wearing a wet bathing costume or with bare feet on wet floors. For your clients own safety, please advise them to exercise proper caution when handling electrical appliances and to supervise closely any children who are doing so. Please advise your client to report any electrical defects to their representative, agent or caretaker as soon as they can.
Due to varying road conditions overseas, we do not recommend moped hire. Should your client still decide to hire a moped, we strongly advise that your client wears a crash helmet at all times and to wear appropriate clothing and footwear whilst driving. Your client should be advised to take out full insurance cover.
For those of your clients staying in accommodation with gas installations, please remember: When gas is alight the room should be ventilated. If your client is not sure of adequate ventilation then please advise them to leave a window or door slightly open. When your client leaves their accommodation, advise them to always ensure that the gas has been turned off. As an extra precaution for bottled gas, advise your client to turn it off at the bottle neck also. Please advise your client not to use gas rings or ovens for heating their accommodation. They are for cooking only. If your client detects any faults with gas appliances, please advise them to switch them off immediately and report hem to their representative, agent or caretaker.
Laws and Customs
Advise your clients to respect local laws and customs, bear in mind local religious or other sensibilities. Take local advice regarding topless or nude bathing.
All UK departure taxes and UK airport passenger facility charges (which vary by departure airport) are prepaid and added to the cost of your air ticket and will be quoted at the time of booking. Various countries impose their own departure tax which may not be included within the cost of your air ticket. Please check with us at the time of booking. Please ensure you have sufficient local funds available upon departure.
Parking charges at hotels may be applicable and are not included in the prices shown. Leisure facilities featured at hotels are not necessarily free of charge. The use of facilities such as health clubs, tennis courts, golf courses, horse-riding, motorised watersports and scuba diving are normally subject to a fee. Some facilities may also only be available seasonally. Please enquire at the time of booking.
Most hotels, airlines and coach companies now operate a complete non-smoking policy. Cities in some countries ban smoking in public places such as bars and restaurants. Please enquire at the time of booking.
Special offers cannot be used in conjunction with any other offers or be combined with other special offers. Special offers are subject to availability and terms and conditions will apply. Offers can be revoked at any time.