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How Am I Protected?
  1. Your Holiday is ATOL Protected
  2. Your Monies are Secured via a Regulated Client Account
  3. In Addition, If You Pay By Credit or Debit Card You are Triple Protected
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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, a 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. Where the supplier is The Global Travel Group Limited the Arrangements will be Flight-Plus.

A Flight-Plus is where you purchase through us acting as agent on behalf of The Global Travel Group, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate supplier(s) and as separate bookings (i.e. not a package holiday).

On Flight-Plus holiday bookings, your money is ATOL protected meaning that you will be able to continue with your holiday or suitable alternative holiday (at no extra cost) or receive a refund of the amount paid to us in the unlikely event of The Global Travel Group’s insolvency or the insolvency of one or more of the supplier(s). The Flight-Plus holiday booking is financially protected by way of a bond held by the Civil Aviation Authority under The Global Travel Group’s ATOL number 3973. For further information, visit the ATOL website at www.atol.org.uk (http://www.caa.co.uk/atol-protection/). The Global Travel Group’s terms and conditions provide further information in relation to Flight-Plus bookings.

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;
B. you consent to our use of your information in accordance with our Website Terms of Use and Privacy Policy; and
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 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 arrangements be available. For the avoidance of doubt no monies during this period will leave your account and should the requested arrangements not be available for the price stated on your order, the “reserved” amount on your card 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 same 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 Arrangements.

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 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 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 ON THE ACCOMMODATION PART OF YOUR FLIGHT PLUS BOOKING ARRANGEMENT

In many situations, we offer cancellation protection in respect of the accommodation part of a Flight Plus arrangement which, if applicable, may be taken out at the time of booking. In the event it becomes necessary for you to cancel your entire Flight Plus arrangement and such cancellation is not covered by your travel insurance, you may cancel the accommodation part of your Flight Plus arrangement 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 arrangement. 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 entire Flight Plus arrangement is cancelled in it’s entirely 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 Flight Plus arrangement 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 Flight Plus arrangement, 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.

8. PAYMENT

Except where our Deposit OR Part Payment offer/s are available, payment for the Arrangements is payable in full at the time of booking via credit or debit card.

8A. PAYMENT, LOW DEPOSITS & STAGED PAYMENTS

Bookings made via this 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 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 23 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 be paid on-line by visiting www.holidaygems.co.uk and clicking on the “Payments” link in the top of the home page.

For flight only and/or accommodation only bookings all monies that you pay to us for your arrangements will be held in a secure client account by the Global Travel Group on your behalf until such time as they are paid to the supplier. For financial protection in regard to the arrangements we make as agent on your behalf please refer to section 26 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 your 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

Whilst we do not currently charge a transaction fee when you book and pay in full, should you instead decide to take advantage of our deposit facility please note that an administration (admin) fee will be charged (currently £3.95p) when you make any interim and/or a final balance payment/s to cover processing and administration costs.

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.

9. REFUNDS

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 21 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 be held 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.

Once the price of your chosen package arrangements have been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increase or decrease or our costs increase or decrease as a result of any adverse or favourable changes in the exchange rates which have been used to calculate the cost of your holiday.

If you have paid a deposit on the flight portion of you arrangement, 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 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to the options as referred to under “Changes and Cancellation by us”. If a surcharge is payable, there will in addition be an administration fee of £1 per person together with an amount to cover agents commission. Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday.

We will advise you by phone, letter or email and in some cases you will have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out under “Changes and Cancellation by us” below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

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.

15A. PASSPORTS, VISAS AND HEALTH REQUIREMENTS

The passport, visa and health requirements applicable at the time of printing to British citizens for the arrangements are available to you at the time of booking from your travel advisor. Passengers with a non–British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. Requirements may change and you must check the up to date position in good time before departure. For European holidays you should obtain a completed and issued form EHIC prior to departure.

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

All passengers flying to or via the USA must have machine-readable passports. Airlines operating to the US are required to obtain certain information from passengers prior to the departure of the flight from the UK. Other destinations may also require this information.

You should take up–to–date health advice about the health precautions you will need to take prior to departure. The Foreign & Commonwealth Office has up-to-date advice on health and safety across the globe, as well as local laws, and passport and visa information. Please check https://travelaware.campaign.gov.uk/ regularly for updates ahead of travel, as the advice can change. Further information can also be obtained by visiting www.fco.gov.uk. Information on health is contained in the Department of Health’s leaflet (Health Advice for Travellers) which can be obtained by telephoning 0207 2104850. Further information can be obtained by visiting www.hpa.org.uk OR www.fco.gov.uk .

You should also note that certain European Countries now require your passport and/or visa number together with any other relevant details in advance of travel.

15B. 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 admin@holidaygems.co.uk 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 or a Flight-Plus Arrangement 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 your 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 enquiries@holidaygems.co.uk or by calling 0330 0124 0424. We will pass any reasonable requests on to the applicable supplier(s) of the Arrangements 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 Arrangements 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 Arrangements 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 the 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
If you wish to change any part of your Arrangements; you must inform us in writing as soon as possible and in some cases we may accept email. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that the supplier/s of the Arrangement/s 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 Arrangement/s). Name changes and addition of luggage may be processed via our online facility located in the menu bar of www.holidaygems.co.uk. (Manage Order section).

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 admin@holidaygems.co.uk 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. Notwithstanding the above, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking or the appropriate proportion of this if not everyone on the booking is affected.

26. FINANCIAL SECURITY

Many of the Arrangements that we sell as Agent are protected in the case of financial failure of the supplier(s). Please ask us about the protection that applies to your Arrangements.

On Flight-Plus holiday bookings, your money is ATOL protected meaning that you will be able to continue with your holiday or suitable alternative holiday (at no extra cost) or receive a refund of the amount paid to us in the unlikely event of The Global Travel Group’s insolvency or the insolvency of one or more of the supplier(s). The Flight-Plus holiday booking is financially protected by way of a bond held by the Civil Aviation Authority under The Global Travel Group’s ATOL number 3973. For further information, visit the ATOL website at www.atol.org.uk (http://www.caa.co.uk/atol-protection/). The Global Travel Group’s terms and conditions provide further information in relation to Flight-Plus bookings.

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