Section A - Terms & Conditions for Agency Booking Services
Travel Vogue Ltd operates the Travel Vogue Website (http://travelvogue.co.uk). For further information please see the website privacy page. All bookings and enquiries are fulfilled by Travel Vogue Ltd, company registration number 2857123. Travel Vogue Ltd has its registered office at 6 The Parade, Meopham, Kent. The booking conditions of Travel Vogue shall apply to bookings made in-store or via the telephone. Your contract is with Travel Vogue Ltd. The following information forms the basis of such contract so please read through them carefully before booking your travel arrangements with us. These terms of use apply to your use of this site and is a legal document which sets out your rights and obligations in relation to the holiday services offered through this site. Travel Vogue Ltd acts as agents on behalf of leading tour operators.
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 agency booking services with Travel Vogue.
Special Note: We, Travel Vogue Ltd act as a retail booking agent in respect of all bookings we take and/or make on your behalf. For all arrangements, your contract for the supply of the services in question will be the disclosed supplier of the services in question or Travel Vogue Ltd. When making your booking, we will arrange for you to enter into a contract with that supplier via Travel Vogue Ltd. Your booking will be subject to these terms and conditions for our booking services, and also any booking conditions of the disclosed supplier of your travel arrangements. Travel Vogue's own booking conditions are detailed below in section B. You are advised to read all applicable conditions carefully prior to booking. We do not accept liability in relation to any contract you enter into or for any arrangements you purchase or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements.
These booking conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Booking & Payment
When you make a booking, you guarantee that you are over 18 and have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and, further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking. When you make a booking you will need to provide us with credit or debit card details in order to cover the full cost of your trip. You authorise us or an authorised third party to take full payment for the total amount of your purchase. Please note that you may be required to present a credit card at the time of check-in, rental or pick-up to provide confirmation of authorised card use or to secure any additional charges.
Where we are acting as booking agent, your booking is confirmed and a contract between you and the supplier will exist when we send you a confirmation invoice. Please check your confirmation invoice carefully and report any incorrect or incomplete information to us immediately. If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.
If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with a confirmation. Upon receipt, if you believe that any details on the confirmation or any other or any other document are wrong you must advise us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
It is your responsibility to ensure that any information which is given to you by us or any of our employees or suppliers is passed on to all members of your party. Any information which we give to you shall be deemed as given to each and every party member for whom you are making or have made a booking. We can only liaise with the lead passenger on the booking.
We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.
Pricing
The price of your flight may include taxes, fees and charges which are imposed on air transportation by government authorities. They may represent a significant portion of the cost of air travel and are either included in the fare or shown separately on your ticket. You may also be required to pay taxes or fees or other charges not already collected, for example, it is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are therefore non-refundable by us.
Credit card and debit card companies make a charge to process payments on their products. We will pass on this charge and this will be added to the final price of your travel arrangements. Typically this amounts to 2% of the total for credit cards. We do not charge for debit card transactions. In the event of a cancellation, credit card charges are non-refundable.
The price of each product or service is regularly reviewed and is subject to change. Promotional or discounted offers on this site are provided at our discretion. All offers are subject to availability and may be withdrawn at any time. We will charge you for any additional handling fees incurred by us in respect of payment through a debit or credit card and in addition to the price of your trip.
Telephone charges. Calls to 0871 numbers are charged at 10 pence per minute from a BT landline, calls from other networks and mobile operators may vary. Calls to 0800 numbers are free from a BT landline, but other networks and mobile operators may charge. We reserve the right to record telephone calls for training and quality purposes.
Changes or Cancellations by You
If you wish to change any part of your confirmed arrangements or cancel them, you must inform us in writing as soon as possible and we will liaise with any applicable supplier on your behalf. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that any supplier will be able to meet your requested change as amendments can only be accepted in accordance with their terms and conditions.
If your Supplier Changes or Cancels
We will inform you as soon as reasonably possible if any supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and any applicable supplier in relation to any alternative arrangements offered but we will have no further liability to you. (See also the section dealing with ‘Flight Plus’ bookings below).
Accuracy
We endeavour to ensure that the details of all products, including prices, displayed on our websites are accurate. However, given the high volume of flights, hotels and other products offered it is inevitable that, in exceptional cases, mistakes will arise. We cannot accept liability for these errors. You must ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
Passport, Visa & Health Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk
For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Pre-Travel Advice: The Foreign and Commonwealth Travel Advice Unit may have issued information about your holiday destination. You are advised to check whether or not such information has been issued on the Internet under the address www.fco.gov.uk/knowbeforeyougo prior to travelling. Alternatively, you can contact the ABTA Information Department on 0901 201 5050 (calls charged at 50p/minute). It is your responsibility to check any advice issued by the Foreign and Commonwealth Travel Advice Unit and we accept no responsibility for this.
Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact your tour guide or in the case of a tailor-made tour the local agent or our offices at 6 The Parade, Meopham, kent as soon as possible. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and may affect your rights under your contract. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office at 6 The Parade, Meopham, Kent, within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed the response to you.
Travel Insurance
We strongly recommend that you do not travel without adequate travel Insurance for your own protection and peace of mind, please be aware that some airlines may not allow you to travel without insurance. It is your responsibility to ensure that you purchase adequate travel insurance for your needs.
Proof of Purchase
You should ensure that you travel with your booking confirmations, e-tickets and any other travel documentation (including your passport) at all times. We will not be liable for any supplier not providing you with the booked product or service if you do not produce such documentation.
No Show
If you have a booking for any of our products or services, including flights, car hire, accommodation and packages, but you do not show up to check-in, collect the car or otherwise do not avail yourself of such product or service, you will not be entitled to any refund from us. Certain airlines may also cancel the return portion of your ticket if you fail to take the outbound journey. Please contact us if you fail to take the outbound journey but intend to use the inbound portion of a return ticket.
Your Behaviour
It is your responsibility to ensure that you and the members of your group do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage) whilst on your trip.
If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our suppliers (e.g. hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our suppliers, including terminating your trip, in which case our and our supplier's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.
Passenger Ages
When travelling on an arrangement including hotel accommodation, no person under the age of 18 years will be allowed to travel independently. The exception is for Las Vegas where visitors are required to be 21 years old if unaccompanied. The passenger's age relates to the whole of the period when they are away including the day of return. When travelling on a flight-only basis, passengers can travel alone if they are aged 14 years or over subject to airline approval, providing they can travel unassisted. Please note if they are aged 14 - 15, a parent or legal guardian must accompany them to check-in, and a valid photo-ID in addition to the country specific documentation must be presented. We strongly recommend that parents or guardians of unaccompanied young person’s remain in the airport until the flight has departed. Airlines reserve the right not to accept unaccompanied minors less than 14 years of age for carriage. If an under 14 year old needs to travel unaccompanied, please contact us by email via our support request system to request assistance before making a booking.
INFANT FARES: Infants must be under 2 years old on the return date of travel. If your child celebrates his or her 2nd birthday while on holiday, you must book and pay the appropriate child fare. Charges for infants vary depending on the route and length of flight and will be advised in the booking process. Infants are not entitled to their own seat and must travel on an adult's lap. If you require a seat for your infant to sit separately you will need to purchase a child's ticket at the appropriate fare. Infants do not always receive a personal baggage allowance as this varies from carrier to carrier.
CHILD FARES: Children must be 2 - 11 years old on the return date of travel to qualify for any applicable child fare reduction. Children aged 12 years and older pay the full fare and have their own seat and also have a full baggage allowance.
BABIES: An infant must be more than 7 days old to travel on an aircraft, for health and safety reasons.
Communications
The email address that you provide with your booking will be used for all future communication with you, including any changes and additional information on your flights and/or hotel bookings. It is therefore your responsibility to ensure that you check your email on a regular basis, and also notify us should your email address change.
For after sales service we can be contacted between the hours of 9am & 6pm (Mon-Fri) & 9am to 5pm (Sat) on 01474 814 411.
Special Requests & Disabilities
Please advise us of any special requests and we will pass these on to the relevant supplier. However, we cannot guarantee your special request as we do not have any direct control over the manner in which the services are provided.
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Changes to Terms & Conditions
We may amend these terms and conditions at any time without prior notice. If we do amend these terms and conditions, the amended terms will be effective when posted on this website and you are deemed to have accepted the relevant changes.
Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Weather
We cannot be held responsible for any disruption to your trip due to bad or unusual weather conditions.
Our Responsibilities:
As agents, except as set out in the ‘Flight Plus’ section below, we accept no responsibility for the actual provision of your holiday arrangements or for any information about them 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 any supplier’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.
Flight-Plus Bookings
What is a Flight-Plus?
(1) 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.
(2) If in connection with the flight, on the same day, the day before or the day after you book 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.
(3) 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.)
(4) A flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
(5) 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.
(6) 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.
Flight-Plus Liability
(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 13(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 13 (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).
Financial Security for Flight-Plus Bookings
We provide financial security for Flight-Plus bookings by way of a bond held by the Civil Aviation Authority under ATOL number 5869. When you buy a Flight-Plus from us 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. For 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.
If you book arrangements other than a Flight-Plus, your monies will not be financially protected by us but may be protected by arrangements that any other applicable supplier have in place.
Section B - Terms and Conditions of Travel Vogue Ltd.
These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Travel Vogue (“we” or “us”) where we act an Organiser of a Package Holiday. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
a. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
b. He/she consents to our use of information in accordance with our Privacy Policy;
c. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
1 Booking and Paying For Your Arrangements
A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; and b) you pay us a deposit or full payment (as applicable); and c) we issue you with a booking confirmation. If your confirmed arrangements include a flight, we (or our agent) will also issue you with an ATOL Certificate. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with your booking confirmation.
Upon receipt, if you believe that any details on the confirmation, ATOL certificate (or any other document) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out. If we do not receive any balance due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
2 Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
3 Insurance
Adequate travel insurance is vital. If you choose to partake in arrangements 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.
4 Jurisdiction and applicable law
These booking conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
5 Changes by you
If you wish to change any part of your confirmed arrangements, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that the supplier will be able to meet your requested change as amendments can only be accepted in accordance with the terms and conditions of the supplier. The supplier 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 change.
Note: Certain arrangements 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.
6 If You Cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us or your travel agent in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. The cancellation charges imposed on us by our suppliers are usually restrictive. Whilst our deposits usually cover most of the costs we incur if you cancel, some of the arrangements we sell are non-refundable in the event of your cancellation. Once you inform your travel agent of your need to cancel they will advise you of the applicable cancellation charges. Cancellation charges can be as much as 100% of the total cost of the holiday, regardless of when you notify us of the cancellation and will normally increase closer to the date of departure. In addition you must pay us an administration fee of £25 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.
7 Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier 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 unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
8 Disabilities and Medical Problems
If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
9 Financial Security
We provide financial security for all bookings by way of a bond held by the Civil Aviation Authority under ATOL number 5869. When your arrangements are confirmed 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. For 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. We also have a bond held with ABTA. In relation to arrangements not including flights, ABTA will protect you in the same way.
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).
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.
10 Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk
For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
11Pricing and Monies Paid
Every effort will be made to provide you with a carefree holiday however many services are provided by suppliers over whom we have no control. We anticipate that you will be provided with the holiday booked, however, in the extremely unlikely event that we will need to make an amendment to your holiday arrangements we will advise you as soon as reasonably possible. In most cases we would expect these to be of a minor nature but if the change is material you will have the option of:
Accepting the change together with any increase in cost where the alternative arrangements are more expensive.
Selecting an alternative holiday from our brochure in which case all money will be credited to the alternative chosen
Cancelling the holiday and receiving a full refund excluding any insurance premium paid.
In each case we will pay compensation as detailed below, however we will not entertain any further claims for compensation or expenses.
Period before Departure
Compensation per passenger
More than 64 days Nil
63-43 days £10
42-29 days £20
28-15 days £30
14-0 days £40
Examples of a material change are a change of resort or accommodation of lower category, a scheduled time of departure change of 12 hours or more, and a change of departure airport (except between London airports).
No compensation will be considered if cancellation of all or part of the holiday arrangements is caused by Force majeure. This includes such events as war, threats of war, riots or civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, fire or adverse weather conditions, cancellations or changes of schedules by schedule airlines and any similar events beyond our control. Should such an event arise we will not be held liable. An alternative holiday will be offered where possible otherwise a full refund will be made less any cancellation charges levied by any third party.
12 If We Change or Cancel
We undertake not to cancel your holiday arrangements except for events amounting to force majeure once the balance of your holiday is received. However, we reserve the right to in any circumstances cancel your holiday and in this unlikely event we will offer you an alternative holiday of at least a comparable standard or return all monies paid by you.
13 Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavor to put things right. If your complaint is not resolved locally, and you wish to complain further, you must send formal written notice of your complaint to us and within XX days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
14 Our Responsibilities:
(1) We will accept responsibility for the package arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause
(a) Loss of and/or damage to any luggage or personal possessions and money
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your 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.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
15 Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
16 Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
17 Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. 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 ourselves or the supplier concerned.
18 Delays, Missed Transport Arrangements and Other Travel Information
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 14 (2) (a) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in our advertising material and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the 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. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
19 Advanced Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. It is your responsibility to submit Advanced Passenger Information prior to travel and failure to do so could result in additional fees being incurred at check-in or being refused boarding. Where we collect this data, we will treat it in accordance with our privacy policy.
20 Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 15).
21 ABTA
We are a Member of ABTA, membership number E0530. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
22 Your Behaviour
All our guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Accommodation
Room Types: A "Double room" does not guarantee a double bed; a Double room means a room for 2 persons, furthermore, please note a room sold as "Twin Room" does not guarantee twin beds.
A "Triple room" means a room for 3 persons.
A "Quad room" means a room for 4 persons.
If you require either (1) Double bed in the room, or (2) single beds in a room, please REQUEST them at the time of booking.
Security Deposits:
Many of the self-catering / apartments & villas, require you to make a payment of a security deposit in cash in local currency or credit card upon arrival at your accommodation. These amounts may vary and will be collected upon your arrival.
Map/Distance Disclaimer: Please note that the information as to the distance from the city centre and the location of the hotel on the maps provided are for indicative purposes only. If a customer requires the hotel to be within a certain distance from the city centre or near a particular location, the customer should contact the hotel in question prior to booking.
Unavailability: Where we are unable to confirm the initial requested accommodation, we will call you to inform you of the details of alternative accommodation or lack of availability. At that time you will have the option to accept the alternative accommodation or get a refund of the total monies paid to us by you for your original booking.
Star Ratings: Star ratings are used to symbolise the overall quality, level of service, food standard and range of facilities available in any given hotel property. The criteria applied within each country will vary depending on the specific requirements established by the relevant issuing body and are provided to you for information purposes only. They are not a guarantee or warranty of any kind.
Hotel Facilities: Please read the description of the hotel for other hotel policies applicable to your stay. You must be at least 21 years of age to check in to Las Vegas hotels. Please note that the hotels booked by us for you are not exclusive to us. We are not responsible for any limitation in facilities because of other hotel guests or their activities. We do not take responsibility for hotel content (including images, facility listings, etc.) displayed on our website. Hotels may change facilities and property features without prior notice to us and it is the customers' responsibility to confirm facilities directly with the hotel at the time of travel.
Local Taxes: Please note that there may be taxes levied abroad which were not included in the hotel cost at the time of purchase that are payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the hotel at the time of check in / checkout.
Descriptions & Photographs: All pictures and descriptions are displayed in good faith. However in certain circumstances beyond our control accommodation descriptions may be affected, such as sea views, which may be obscured by greenery, such as trees. We try to maintain up to date information on any changes and therefore all details printed should be regarded for general information only. Accommodation categories and star ratings shown on the website are provided by the accommodation, however standards can vary between accommodations of the same class in different countries, it is therefore important that the accommodation details are read in full.
Accommodation: All accommodation is reserved exclusively for use by the person named as the lead passenger plus the total number of passengers, whether adults or children, as shown on the Invoice / Accommodation Voucher. Unauthorised occupancy may result in the accommodation refusing occupation with immediate cancellation and loss of all monies paid. Most accommodation is sold on a twin/double room basis, however most properties have more twin rooms than doubles. If a double bed is requested please be aware that this may be two single beds pushed together. Additional beds for triple/quad rooms could either be a pull out sofa bed, foldable bed, rollaway beds, or bunk beds. Self-Catering properties usually do not offer a choice of bed type. Some properties impose a minimum number of nights per stay and bookings may incur a surcharge if less than the minimum period allowed.
Group Bookings: Parties of 10 persons or more are classed as a group booking and must not be split into multiple smaller bookings.
Check-in/Check Out: Times are normally around 15.00 – 16.00 on the day of arrival and between 10.00 am and 12.00 hours on the day of departure depending upon property type.
Delays: On occasions there may be delays or missed departures, due to the failure of transportation or other circumstances. We cannot be held liable if the accommodation is not available on arrival. It is your responsibility to notify the hotel directly using the telephone number provided on the voucher. Refunds will not be given for any no shows.
Building Work: Due to continuous re-development throughout the world there is always going to be some building work going on somewhere. Provided that we are made aware by the Property that any such work is liable to interfere with the enjoyment of your holiday, then we will advise you accordingly. However please be aware that the accommodation has no liability to inform us of any building work in the surrounding area outside their property.
Over Bookings: In the very unlikely event that on arrival the property cannot provide the accommodation booked, it is the responsibility of the property to find an alternative property of a similar standard. We have taken every precaution to ensure that all properties are professionally managed so that any such occurrences are extremely rare. [Travel Agent Name] accepts no responsibility in respect of any costs, losses or damages that may be incurred in connection with relocation of accommodation since such relocation is outside our control.
Car Hire
Minimum Age: All car suppliers have a minimum age to be able to rent without incurring any extra charges, this is normally 25 and above. Drivers between the ages of 21-24 will always incur an extra surcharge which is payable locally, is subject to tax and is non-refundable. These fees can range from 10.00 Euros a day in Europe and from US$25.00 to US$50.00 US in the United States. Once you have selected your car please read the car rental rules where you will be able to find the amount payable.
Maximum Age: There are very few locations which have an upper age limit. These can vary from the age of 60 upwards. If you are over the age of 60 it is your responsibility to check with the rental supplier for eligibility. If you fail to check and you are over the age limit you may not be given the car.
Rental Deposit: Rental agencies only accept credit cards for securing your deposit at the rental location. You must use a credit card and it must be the driver's credit card. We will not be liable for any compensation or otherwise if you do not have a credit card at the time of collecting your car and are refused rental by the supplier.
Driving Licence: A valid driving licence is required for all drivers. The licence must be valid at the time of rental and remain valid throughout the rental period. We will not be liable for any compensation or otherwise if you fail to show a valid driver’s licence to the supplier and are refused rental.
British Licence Holders: If you have the new photo id licence you must take the paper counterpart as well. If you do not present both the card and the counterpart you will not get the vehicle. If your licence is written in Chinese, Russian or any ‘picture' script then you will need to obtain an international driver's permit before you travel from your country of residence. This cannot be obtained in the United Kingdom.
Excess Waiver: Although our rates are fully inclusive there is always an excess to pay. This means in the event of accident/damage or theft, the driver will be expected to pay the first part of the claim. This can vary depending on the car you hire and the destination you are travelling to.
Late Return of Your Vehicle: The rental rate is calculated based on the return time agreed when picking up the vehicle. If the vehicle is kept longer than originally planned, you may be liable for an overcharge.
Rental Agreement: The rental agreement is given to you to sign when you pick up your vehicle. This has all the information about your rental. It is your responsibility to check this document carefully before you sign it and keep a copy. [Travel Agent Name] will not be liable in relation to any breach of this agreement.
Child Safety Seats: Children from their third birthday up to their 12th birthday or up to 135cm in height (whichever is attained sooner) must be restrained in a suitable seat in the rear of the vehicle. The law states that it is the responsibility of the driver of the vehicle to comply.
Your car hire is supplied by third party agencies. These third party agencies will have additional cancellation policies that may be applicable and in addition your chosen car hire company will typically have its own cancellation policy. We will pass on any such policies or charges that the car hire company or third party agency has imposed in relation to cancellation to the customer.