Holiday Gems Ltd - Conditions for our Agent Booking Services
These Booking Conditions, together with any other written information we brought to your attention before your booking was confirmed, form the basis of your contract for agent booking services with Holiday Gems Ltd, 1st Floor, Dale House, Tiviot Dale, Stockport, Cheshire, SK1 1TB. Reservations: 0871 943 1300 After Sales: 0330 124 0424 Fax: 0844 288 3237.
Except where otherwise specified, we act only as agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase, including but not limited to hotels, flight plus hotel arrangements and package holidays (“Arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with the Arrangements. For all Arrangements, your contract will be with the supplier of the Arrangements in question (the ‘supplier(s)’). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the Arrangements. Your booking with us is subject to these Booking Conditions for our agent booking services, and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier(s) terms and conditions may limit and/or exclude the supplier(s) liability to you. Copies of the applicable supplier(s) terms and conditions are available on request. In most cases that supplier will be The Global Travel Group Limited whose terms and conditions of supply are detailed here, alternatively you may request a copy directly from ourselves.
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 the Booking Conditions set out below and agree to be bound 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.
TERMS WHICH APPLY TO ALL BOOKINGS
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 and those of the applicable supplier(s). 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.
Please note that telephone calls may be recorded for training and monitoring purposes.
For all online and non online bookings these Booking Conditions and those of the supplier(s) will apply. A binding agreement will come into existence between you and the applicable supplier/s of the arrangement/s.
2. ONLINE BOOKINGS
By clicking to request Arrangements and entering your personal and payment details on our website, you are making an offer to purchase the Arrangements selected, if they are available. When we receive this offer, we will contact the supplier of the Arrangements concerned. Each supplier will require a short period of time to check to see if your chosen arrangements are 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 Arrangements selected and should those Arrangements requested be available at the price quoted, a binding agreement will come into existence between you and the applicable supplier(s) of the Arrangements and your payment referred to in section 8 below will be debited from your payment method. A booking confirmation confirming the Arrangements 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 Arrangements have been booked and to discuss any optional extras that you may require adding to the booking, If the Arrangements are available but not at the price quoted, we will contact you by telephone or email to give you the option to purchase the Arrangements at the revised price. We will only debit your payment method once the Arrangements have been agreed and you have given us authority to do so.
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 Arrangements.
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 clause 8.
4. TRAVEL DOCUMENTATION
Please check the travel documents we send to you and any other documentation you receive in relation to your booking as soon as you receive it. Please 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.
5. 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 changes made by the supplier(s) if tickets or other documents need to be reissued.
6. SERVICE STANDARDS & ABUSE OF OUR PERSONNEL
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.
7. CANCELLATION PROTECTION INSURANCE
We offer cancellation protection insurance in respect of package holidays which can be taken out at the time of booking. In the event it becomes necessary for you to cancel your package holiday, and such cancellation is not covered by your travel insurance, you can cancel the package holiday with us up to 8 days prior to departure and we will pay any cancellation charges associated with the accommodation only element of the booking. The insurance covers the accommodation element only of your Arrangements. You will be notified and offered the option of taking out the insurance at the time of booking. For the avoidance of doubt, the cancellation protection insurance will only apply when the entire package holiday is cancelled and will not be valid on accommodation only bookings. If you have taken out cancellation protection insurance and simply wish to change the accommodation element of your booking, this is not covered by the insurance. If you wish to change the accommodation element of your booking, 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 insurance fee is non-refundable.
8. PAYMENT Except where our Low Deposit OR Part Payment Promotions offer/s are available (see below) payment for the Arrangements is payable in full at the time of booking via credit/debit card.
8A. PAYMENT, LOW DEPOSITS & STAGED PAYMENTS Bookings made via this website must be paid for in full at the time of booking via credit/debit card. For your convenience, a Part Balance and Full Balance online payment facility is available via the menu bar on the home page of www.holidaygems.co.uk. In the event that you book your 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 holiday may be possible. For the avoidance of doubt, as we release most tickets as soon as your holiday is booked it should not be assumed that your holiday has been paid in full. In all cases, your balance will be due 14 weeks prior to departure and 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 24 of these terms and conditions regarding cancellation charges should you decide to cancel or are unable to pay your full balance. Holiday Gems Ltd, reserves the right to charge a card holders original credit or debit card should subsequent cancellation charges apply. Part and Full Balance payments may now be paid on-line by visiting www.holidaygems.co.uk and clicking on the “Payments” link in the top of the home page.
Please note that we may charge a credit or debit card charge for credit and debit card payments. Where this is the case, it will either be stated or indicated to you. We reserve the right to review the commercial charging structure for any Credit and Debit card charges made at any time. It should be noted that should your order price not be available to confirm, our on-line team will recalculate the price of your new holiday arrangement taking account only 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 original total order price and the new cost offered. It is general procedure that in virtually all cases (unless otherwise stated), any order that has to be recalculated will not incur a card charge unless otherwise stated to you.
For flight only and/or accommodation only bookings all monies that you pay to us for your arrangements will be held by us on your behalf until such time as they are paid to the supplier. For financial protection for packages please refer to section 29 of these terms and conditions.
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 arrangements and it is imperative to note that you have enough funds in your account as we may not be in a position to confirm those same arrangements if not. In rare circumstances, despite debiting your account with good intention in order prior to confirming your chosen arrangements, it is fact that for whatever reason, sometimes any one of those arrangements may not be available. Should this unfortunately be this case and we are not able to confirm all components of your arrangements 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. The same will be refunded to you as soon as we have received notification that your payment has cleared through the Global Travel Group Client Account. For clarity, the Global Travel Group Client Account is regulated and is in existence for your protection as a consumer however, you should also be aware that it may unfortunately take seven to ten working days from debiting to then re-crediting your account due to the nature of the same in which the Global Travel Group Client Account has to receive notification that your monies have credited the client account prior to any refund being actioned. Although we know this may cause inconvenience should this rare situation occur, we may only apologise for the same. Unfortunately Holiday Gems Ltd has no authority or power to expedite the course of a refund transaction through the Global Travel Group regulated client account however, we always use best endeavours as your agent should this rare situation occur and our customers understanding is appreciated.
Low Deposits & Staged Payments
Where you are able to pay a low deposit or we agree to fund the amount of deposit we have to pay on your behalf, you will notified and offered this facility at the time of booking. If you accept our offer, you will be advised of a balance due date/s and may be able to stage you payments. These dates will be recorded on your file and must be paid as agreed. We will automatically debit the payments due as agreed via our Secure Card Token as mentioned above. Should you default or cancel your holiday, you accept full liability for the outstanding amount and understand that this amount remains outstanding to us. For the avoidance of doubt, should any amount become due to us, you agree and accept we are able to debit the payment card we hold on file with the sum outstanding.
8B) ALL BOOKINGS
Please note that a transaction fee may be charged for all payments to cover processing and administration costs. This fee will be detailed and highly visible during the on-line order process and alternatively should you book via the call centre our sales member will advise you in advance should any charge be applicable.
All transaction and/or card charges are subject to change at any time. Please note that any credit/debit card fee is non refundable.
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 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 Arrangements. Unless otherwise advised, it is general procedure that in virtually all cases any order that has to be recalculated will not incur a card charge.
For flight only and/or accommodation only bookings all monies that you pay to us for your Arrangements will be held by us on your behalf until such time as they are paid to the supplier(s). For financial protection for packages please refer to section 26 of these terms and conditions.
Where a refund is due in respect of the Arrangements we will issue a refund instruction to the supplier(s). Holiday Gems will endeavour to make the refund on the soonest possible timescale however we are reliant on receiving the refund from the supplier(s), and it is not uncommon for the refund to take up to 10 working days. Where a refund is due as a result of the Arrangements being cancelled due to a force majeure event it may take considerably longer. Holiday Gems accepts no liability for any delays in the processing of your refund.
10. 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 beheld on our servers. Instead the card details are either processed immediately or may be “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 and will only receive a “token” in order to process the payment should the Arrangements be available at the price quoted online or you give us the authority to proceed with any alternative Arrangements and/or an increase to the Arrangements, should they not be available at the price quoted online.. 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 Arrangements or any payments remain outstanding.
11. OPTIONAL EXTRAS
Optional extras are not included in any of the Arrangements 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 Holiday Gems Ltd 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.
12. PRICES AND PRICING ERRORS
Please note, advertised information and prices may have changed by the time you come to book your Arrangements. Whilst every effort is made to ensure the accuracy of information and prices that appear on our website, regrettably errors do occasionally occur as we are reliant upon our supplier(s) to provide us with the most up-to-date prices.
In addition, due to the sophisticated technology required, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We reserve the right to correct errors in both advertised and confirmed prices and/or cancel the contract. You must therefore ensure you check all details of your chosen holiday (including the price) at the time of your booking is confirmed.
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 Arrangements will be refunded to the same credit/debit card used to pay the Arrangements.
Where a refund is due in these circumstances we will issue a refund instruction to the supplier(s), Holiday Gems will endeavour to make the refund on the soonest possible timescale however we are reliant on receiving the refund from the supplier(s), and it is not uncommon for the refund to take up to 10 working days. Holiday Gems accepts no liability for any delays in the processing of your refund.
13. ONLINE BROCHURE CONTENT
Holidaygems.co.uk displays a range of information throughout the booking process concerning the specifics of your chosen Arrangements. 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. Holiday Gems Ltd cannot be held responsible for errors or omissions in the description of Arrangements.
Despite our best endeavours to ensure that the many data feeds available on our website are regularly updated, Holiday Gems Ltd 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 our website.
All descriptions and content on our 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 our 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.
14. 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 direct Hotel or Apartment 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.
15. 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 element 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 holiday or indeed any additional arrangements you have made, Holiday Gems accepts 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.
16. 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 not accompanied by an adult providing 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. 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.
17. IF YOU HAVE A COMPLAINT BEFORE OR WHILST YOU ARE ON HOLIDAY
The contract(s) for your Arrangements is between you and the supplier(s), and any queries or concerns will be addressed to them.
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 local Representative or Agent (if there is one) and the establishment of where you are staying who will do their best to rectify the situation and prevent your holiday being spoilt. If there is no local Representative or Agent, you must, in the first instance contact us on the Emergency Number as detailed on your accommodation/transfer voucher or secondly via the number listed on your ATOL receipt if you have booked a package holiday with us. For noting, the Emergency number is 0044 844 8440855. 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, 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, HolidayGems 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), your right to any compensation you may otherwise have been entitled to may be reduced or even extinguished if you fail to follow this procedure. As you agent, Holiday Gems 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.
18. 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 Arrangement/s however, cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the applicable supplier/s of the arrangement/s 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 chosen Arrangements, you must provide us with full details at the time of booking by sending an email to enquiries@ holidaygems.co.uk or by calling us on 0871 943 1300. If full details are not given at the time of booking, the applicable supplier/s of the Arrangement/s reserve the right to cancel the Arrangements when they become aware of these details. In these cases, cancellation charges will apply together with an administration fee.
19. 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 supplier(s) if you are not a UK National resident. 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.
20. 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. 21. CHANGES BY YOU
Any change to the Arrangements will incur an administration charge of £50 per person plus any charges from the Supplier(s). This includes but is not limited to:
- Change of destination
- Change of hotel
- Change of name
Certain Arrangements, 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 Arrangements,.
Please note, amendments can only be requested by the Lead Passenger. Amendments charges are subject to change at any time. Please note that amendment fees are non-refundable.
22. TRANSFERRAL OF BOOKINGS
If you are unable to travel, in certain circumstances which we consider reasonable and where we are able, we may allow you to transfer your booking to another party. Where a transfer to a person of your choice can be made, this will incur an administration charge of £50pp plus any charges from the supplier(s) of the Arrangements which must be paid by you prior to any transfer being actioned.
23. CANCELLATION BY YOU
If you or any other member of your party decides to cancel your Arrangements or any part of them you must notify us in writing or by email to email@example.com and we will pass on your notification to the supplier(s) concerned. Since the supplier(s) incurs costs in cancelling the Arrangements, the supplier(s) may charge the amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £50 per person per cancellation. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
24. IF THE SUPPLIER CHANGES OR CANCELS
We will inform you as soon as reasonably possible if the supplier(s) needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the supplier(s) in relation to any alternative arrangements offered by the supplier(s) but we will have no further liability to you. (See also the section dealing with ‘Flight Plus’ bookings below).
25. OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier and its booking conditions will apply. As agent, except as set out in the ‘Flight Plus’ section below, we accept no responsibility for the actual provision of the Arrangements. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. Our responsibilities are limited to making the booking in accordance with your instructions. We will not be responsible:-
(i) where the arrangements cannot be provided or cannot be provided as described due to circumstances beyond ours or the applicable provider’s control;
(ii) where you incur any loss or damage that relates to any business activity; or which could not have been foreseen at the time you made your booking in the light of the information you gave to us at the time of booking; We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Except where otherwise expressly stated, we cannot accept liability or pay compensation where the performance of our obligations to you are affected or prevented as a result of ‘force majeure’. In these booking conditions, ‘force majeure’ means any event which either ourselves or the provider of the service in question could not foresee or avoid, even with due care and consideration. Such events include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of our control.
26. FLIGHT-PLUS BOOKINGS
What is a Flight-Plus?
A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus.
1. If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
2. A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. (A Package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.)
3. A flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
4. A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the requirements in paragraph (1) are no longer satisfied.
5. Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
(a) In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
(b) If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
(c) If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
(d) If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
(e) Where suitable alternative arrangements are provided as set out in clauses (b) – (d) above, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
(f) If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question.
(g) We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.
(h) In some circumstances, the CAA will arrange and fund the obligations set out in clauses (b) to (d) above. In this situation, we are entitled to levy a £25 claims processing fee per passenger which you agree to pay to us if such an event happens. We reserve the right to invoice you for this separately or to deduct it from any refund sums due to you. It will not be appropriate to pay you compensation in the event that the CAA takes on the obligation to provide you with alternative services.
(i) We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
27. FINANCIAL SECURITY
We provide financial security for Flight-Plus bookings by way of a bond held by the Civil Aviation Authority under ATOL number 3973 or further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
When you make a Flight-Plus booking you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We or the suppliers identified on your ATOL certificate will provide the services listed on the ATOL certificate (or a suitable alternative). In some cases when neither we or the supplier are able to do so for reasons of insolvency an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL Scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL Scheme.
If you book arrangements other than a Flight-Plus, your monies will not be financially protected by us but may be protected by the supplier of your arrangements.