Advantage Holidays Terms and Conditions

Advantage Holidays

Advantage Holidays Terms and Conditions

Updated 20th July 2016

Advantage 4 Travel Ltd trading as Advantage Holidays, company number 05333310 with its registered office address at 15-21 Provost Street, London, N1 7NH (“Advantage”, “we” “us” or “our”) operates the website with the URL www.advantageholidays.com.

In these booking conditions, references to "you" and "your" means all persons listed in the booking confirmation for the booking (including anyone added or substituted at a later date).

These booking conditions, our privacy policy, our website terms of use and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with us for the travel arrangements making up your booking (‘your arrangements’). Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them.

You must be 18 years old at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking.We will only deal with the lead name on the booking in all correspondence.

Special Note: We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.

In these booking conditions, a ‘package’ means the 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, as defined in The Package Travel, Package Holidays and Package Tours Regulations 1992.

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Contents Summary:

1) Before You Book

1a) Visa, Passport & Immigration requirements

1b) Safety & Security

1c) Health & Vaccination information

2) Your commitment to us – booking and paying for your holiday

2a) Package booking requirements

2b) Deposit Information

2c) Booking Confirmation

2d) Late bookings

2e) Balance due date

2f) Payments to authorised agents

2g) Booking supplements

2h) Travel insurance

3) Our commitment to you

3a) Provision of Travel Services

3b) Accuracy of pricing

3c) Date of booking

3d) Booking errors

3e) Ancillary products and activities

4) Financial protection

4a) ATOL Protection

5) Making changes to your holiday

5a) Amendment Process

5b) Transferring your booking

6) Cancelling your holiday

6a) Cancellation Process

6b) Cancellation Invoices

6c) Cancellation Charges

6d) Travel Insurance protection against cancellation

7) If we change or cancel your holiday – our commitment to you

7a) Accuracy of booked element descriptions

7b) In-resort & in-hotel building and development work

7c) Flight times, carriers and routes

8) If we change or cancel your holiday – prior to departure

8a) Significant changes

8b) Significant changes – booking options

8c) Compensation

8d) Minor changes

9) Force Majeure

10) Your holiday documentation

10a) Booking confirmation

10b) Travel tickets

11) During your holiday

11a) Flight Delays and cancellations

11b) Significant proportion of services not provided

11c) Your Behaviour

11d) If you have a complaint whilst on holiday

11e) In-resort representation services

12) Our responsibilities

13) Jurisdiction and applicable law

14) ABTA

15) Data Protection Policy

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 1. Before you book

1a. Visa, Passport and Immigration Requirements.

We can give you general advice on the visa and passport requirements of the countries included in your arrangements, however your specific visa, passport and immigration requirements are your legal responsibility. Advice and specific information can be found at www.fco.gov.uk/knowbeforeyougo. We do not accept any responsibility if you do not comply with any of the visa, passport and immigration requirements of the country to which you are travelling to.

1b. Safety and Security

At Advantage Holidays, the safety and security of our customers and staff is paramount.

The FCO website https://www.gov.uk/foreign-travel-advice includes useful information on subjects including safety and security, local laws and customs, entry requirements, natural disasters, the political situation, health alerts, and crime information. It also tells you what to do if something goes wrong. We advise all customers to read the latest information on their chosen destination before they travel. 

If we’re advised of an issue affecting one of our destinations, we will react immediately.  We rely on the information we receive from the FCO as being the most up-to-date and well informed. Accordingly, if FCO advice changes have a potential impact on one of our destinations, we will inform customers.

If, at any point, the FCO changes its advice to warn against all but essential travel to a country or area within a country where we operate, we will immediately stop all travel, and begin a process of evacuating customers and staff from the affected area or country.

1c. Health & Vaccination Information

We can give you general information on health and vaccination requirements of the countries included in your arrangements, however it is your responsibility to ensure you have specific health and vaccination advice based on your circumstances from the appropriate expert. For the latest information on the required / recommended heath and vaccination information for the country you’re travelling to, you should contact your local General Practitioner or Health Centre. Note that some vaccinations can require a treatment course which may need to be split over several months.

2. Booking and paying for your holiday

2a. Booking requirements

To confirm your arrangements, we will require your title, first name(s), middle name(s) and surname(s) (as per your passport) along with your date of birth.

2b. Deposit Information

Unless otherwise stated at the time of the time of booking, we require a deposit payment of £150 per person in order to confirm your arrangements. A higher deposit can sometimes be required and generally, flights need to be paid in full and are non-refundable. Your deposit will only be refundable as set out in these booking conditions.

2c. Booking Confirmation

No contract with you will have been formed until we issue a booking confirmation setting out full details of your arrangements (the “Booking Confirmation”) – see section 10 for further details of the Booking Confirmation. Either you or we may withdraw at any time from the contract prior to the issue of the Booking Confirmation.

2d. Late bookings

Bookings made 70 days or less before your departure date require payment in full at the time of booking.

2e. Balance due date

Payment of the balance of the price of your holiday must be received by us no less than 70 days prior to departure. The balance due date is stipulated on your Booking Confirmation.

Should payment of the full balance not have been received by us (or your travel agent) at least 70 days prior to departure, we reserve the right to treat this as a cancellation of your holiday booking with us. In this instance we reserve the right to retain the deposit paid to us by you.

Should we choose not to treat your booking as ‘cancelled with immediate effect’ because we have agreed a payment option with you, then failure to pay in full will result in the cancellation charges set out in section 6c. enforceable.

2f. Payments to authorised agents

Any money paid to one of our authorised agents is held by that agent on our behalf until it is paid to us or refunded to you.

2g. Booking Supplements

Any supplements which need to be added the cost of your holiday will be highlighted at the time of booking. A supplemental charge does not necessarily mean that any additional service will be provided to you.

2h. Travel insurance

It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of your cancellation, medical issues, and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

3. Our commitment to you

3a. Provision of travel services

Once you have made a booking with us and this has been confirmed to you by the issue of a Booking Confirmation, we are responsible to you for the proper performance of your arrangements. No contract shall have been formed until we issue the Booking Confirmation (as per Section 2c above).

3b. Pricing

We reserve the right to increase and/or decrease cost and correct any errors in advertised cost of any of the arrangements at any time prior to issuing your Booking Confirmation. All changes will be made known to you before you book.

We reserve the right to cancel a booking which has been made at an incorrect price. If we are made aware of a pricing error during the booking process, we will notify you as soon as reasonably possible. The price differential can be accepted or alternatively you can look at an alternative holiday with us or receive a full refund.

The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.

3c. Date of booking

The date shown on the Booking Confirmation and the ATOL certificate is the date of booking.

3d. Booking errors

Once you have made a booking with us and you have received your Booking Confirmation and the ATOL certificate we ask you to read the documentation carefully. Should you notice any details which are incorrect (including any misspelled or incorrect names) you should advise us within 10 days of the date of booking. If you fail to notify us within that period, we are unable to accept liability for inaccuracies on your booking and any changes that you require will be at your cost.

3e. Ancillary products and activities

Ancillary products & activities are products may be bought prior to travel through us, as part of your package holiday. Some products and activities will require you to be in good physical and mental health, when booking these products and activities with us you are agreeing that you and your party are in good health with no medical history that would make it dangerous for you to participate. We also expect and assume that by booking ancillary products and activities with us, that you have ensured you have adequate personal travel insurance for the type of product booked.

Ancillary products and activities booked with us are subject to minimum party numbers and may be cancelled at short notice should these numbers not be met. Should this situation arise you will be provided with a full refund for the activity or product affected.

Please note that and ancillary products and activities which are booked locally in resort and not through us prior to travel, do not form part of your package holiday provided by us. Your contract in these instances will be between you and the operator with whom you book and we are not responsible for anything that happens during the course of its provision with another operator.

4. Your Financial Protection

4a. ATOL protection

All the flights and flight-inclusive holidays on our Website are financially protected by the ATOL scheme. When you pay for an ATOL protected flight or flight-inclusive holiday from us you will receive an ATOL Certificate. Your ATOL certificate lists what is financially protected, where you can obtain further information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified in your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, 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.

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 (as defined by the ATOL Regulations 2012). If we do fail, 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.

5. Making changes to your holiday

5a. Amendments

If you wish to change any part of your booking after your Booking Confirmation has been issued, we will endeavour to make the changes, but it may not always be possible. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare.

If we are able to make changes to your booking we will pass on any increase in price from the suppliers with whom each element of your holiday has been booked.

If we agree that you may change your booking to a holiday of lower value, and then you cancel that holiday, we reserve the right to levy cancellation charges on the value of the original booking.

5b. Transferring your booking

Provided we are able to so you may transfer your booking to another person. Any costs incurred as a result of transferring your booking will be passed on to you with these costs being advised at the time of the requested transfer.

As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to include the full cost of the flight.

6. Cancelling your holiday

6a. Cancellation process

If you or anyone listed in your Booking Confirmation wishes to cancel your arrangements, the lead name must notify us as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24 hours by the lead name. Cancellation will take effect when we are notified provided that written confirmation is received by us within 24 hours of the original notification.

6b. Cancellation Invoices

Cancellation invoices will be sent to your agent (or to you when making a booking directly with Advantage Holidays) within 7 days, if you do not receive this please contact us immediately in order to prevent an increase in charges. Should you already be in receipt of your airline tickets you should return these to us along with your request of cancellation.

6c. Cancellation Charges

Depending on when you cancel your booking with us the following charges will apply.

References to the deposit include all sums paid or payable at the time of booking.

Cancellation notice received by us

(Days prior to departure)

Cancellation Charge

71 days or more

Deposit Only

70 – 56 days

30% of holiday cost

55 – 42 days

50% of holiday Cost

41 – 29 days

70% of holiday cost

28 – 15 days

85% of holiday cost

14 days or less

100% of holiday cost

For group bookings of 10 or more passengers, please call us so that we can advise you of the cancellation charges applicable to your group booking. Certain non-refundable rates that we have secured for your group and airline ticketing rules will impact your cancellation charges. Please ask for details at the time of booking. 

6d. Travel Insurance protection against cancellation

You should take out appropriate travel insurance which provides cover against loss of deposit or cancellation fees. See section 2h on Travel insurance above.

7. If we change or cancel your holiday – our commitment to you

7a. Accuracy of booked element descriptions

We rigorously check and strive to ensure that we provide accurate information, that it is correct to the best of our knowledge at the time of issue and viewing. However, facilities may have changed from those advertised or be unavailable. Please check the up to date information at the time of booking. Due to local conditions, Tour, excursion, cruise or safari itineraries may change. We will always advise you as promptly as possible of any significant changes that we are made aware of prior to your departure and you will have the rights set out in Section 8 below.

7b. In-resort and in-hotel building and development work

Many resorts and hoteliers continue to improve and develop, sometimes intensively with either no advanced or very little notice.

As a responsible tour operator, whilst we have no control over building or development work which is undertaken, it is extremely important to us that we make you aware and ensure you are updated on any building or development work which may be taking place during the period of your stay.

General refurbishment in hotels and resorts is necessary to maintain standards but if we are informed of such work where this can reasonably be expected to have an effect on your holiday, we will endeavour to notify you of it as soon as possible, however near to your departure this may be.

7c. Flight times, carriers and routes

Flight times, carriers and routes advertised and/or detailed on your Booking Confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control as they are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Airlines occasionally change the type of aircraft used without advance warning. Scheduled and charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we ourselves are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction in the duration of your holiday, we will offer you a refund of any applicable costs. Any change in the airline providing your flights, minor changes to flight timings and/or aircraft type will not entitle you to cancel or change your other holiday arrangements without paying our normal cancellation charges.

8. If we change or cancel your holiday before your departure

We hope and expect to be able to provide you with all the arrangements we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers, such as airlines and hotels, over whom we have no direct control. On occasions, changes do have to be made, and we reserve the right to change or cancel your holiday at any time. If we have to make a significant change to an essential term of your contract (“Significant Change”) or cancel, we will tell you as soon as possible. Your rights in the event of a Significant Change or cancellation by us are set out below.

8a. Significant Changes

A Significant Change may include a change of flight time of more than 12 hours, a change of UK departure airport (except between London airports), a change of accommodation to that of a lower category or price for the whole or a majority of your time away, or a change to resort area.

8b. Significant Changes – Booking Options

Where there has been a significant change to an essential term of your contract, if there is time to do so before departure, we will offer you the choice of the following options:

8c.1. take a substitute package of equivalent or superior quality if we are able to offer you such a substitute; or

8c.2. take a substitute of lower quality if available and we will refund any price difference if the alternative is of a lower value than the original arrangements; or

8c.3. cancel and receive a full refund.

8c. Compensation

If we have to make a significant change or cancel your holiday, we will pay you the compensation payments set out in the table below, unless:

8d.1. we are forced to make a Significant Change or cancel due to the occurrence of a Force Majeure Event (see section 9);

8d.2. we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (and we had stipulated at the time of booking that a minimum number of bookings was necessary and we informed you of the cancellation within the period before departure that we specified);

8d.3. we cancel as a result of your failure to comply with any significant requirements of these booking conditions (such as making payment on time).

Time when Significant Change or cancellation notified to you (days prior to departure)

Compensation per person

More than 71 days prior to departure

Nil

70 to 49 days prior to departure

£10 pp

48 to 29 days prior to departure

£20 pp

28 to 15 days prior to departure

£30 pp

14 days or less

£40 pp

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

8d. Minor changes

No compensation is due for changes that are not Significant Changes. Examples of minor changes may include a change of flight time of less than 12 hours, changes to aircraft type and change of accommodation to another of the same standard.

9. Force Majeure

We shall not be in breach of our contract with you nor liable for delay in performing, or failure to perform, any of our obligations under our contract with you nor be liable for compensation if we have to change or cancel your travel arrangements, if such breach, change, cancellation, delay or failure results from unusual or unforeseeable events, circumstances or causes beyond our reasonable control. These can include, for example, actual or threatened war, riot, civil strife, terrorist activity and its consequences, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics and pandemics, fire or unavoidable technical problems with transport (each such event, circumstance or cause being defined as a “Force Majeure” event).

10. Your holiday documentation

10a. Booking Confirmation

After you have made a booking with us and your deposit has been received, we will issue your Booking Confirmation which will detail the deposit paid and the balance due to us (this doesn’t not include any promotional discounts which your travel agent may have agreed with you separately). No contract between us exists until the Booking Confirmation has been issued.

You or your agent will receive the Booking Confirmation and ATOL certificate as soon as your booking is confirmed.

10b. Travel tickets

Approximately 14 to 7 days before departure you will receive your flight ticket / e-ticket together with an itinerary and the relevant tickets for your accommodation, transfer, cruise or any other elements which you may have booked with us. In the case of late payment and / or late bookings, tickets may be handed to you at the airport on departure and a copy of your booking invoice will be issued as proof of purchase. Please ensure that you check the flight timings on your tickets carefully.

The correct timings, using the 24-hour clock system, may have been adjusted since we published the brochure and since you received your invoice.

11. During your Holiday

11a. Flight delays and cancellations

11a.1. A delay to or cancellation of your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. However, you may be entitled to claim under the delay section of your travel insurance policy. We are only responsible to pay compensation for delay or cancellation of a flight included in your arrangements with us if it amounts to a significant proportion of services not provided as defined in section 11b below. You can obtain assistance from airlines, and in some cases compensation, for delays and cancellations under the European Denied Boarding Regulation (EU 261/2004) – See Section 11a.5.

11a.2. Flight times are provided by airlines and are subject to change owing to matters such as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. As between you and any individual airlines, the airline's standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from us on request.

11a.3. If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a significant delay for any reason, you must contact the airline or other transport supplier concerned immediately.

11a.4. We do not accept liability for any delay or cancellation that is due to an event of Force Majeure (as defined in section 9 of these terms and conditions) however, if you experience difficulty on the occurrence of circumstances described in section 12b. of these booking conditions, we will provide you with prompt assistance.

Where you experience a flight delay or cancellation 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.

11a.5. Under the European Denied Boarding Regulation (EU 261/2004), if you have been denied boarding, your flight has been cancelled or it has been significantly delayed, it is the airline’s duty to look after you. This means providing food, drinks, and some communications. If you are delayed overnight, this also means a hotel and travel to and from it.

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/passengerrights. Your claim for this assistance and any compensation must be made directly to the airline.

Liability of an airline under EU 261/2004 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.

11b. Significant proportion of services not provided

Once you have departed on your holiday, if a significant proportion of the services you contracted for are not provided or if we become aware that we will be unable to procure a significant proportion of the services to be provided:

11b.1. We will make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, compensate you for the difference between the services to be supplied under the contract and those supplied; and

11b.2. If it is impossible to make arrangements as described in paragraph 11b.1 or these are not accepted by you for good reasons, we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you have agreed and will, where appropriate compensate you.

11c. Your behaviour

If in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger or upset or persistently affect the enjoyment of others, or to cause damage to property, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid and we will have no further responsibility for your holiday arrangements (including any return travel).

11d. If you have a complaint whilst on holiday

If you have a complaint about your arrangements whilst away, you must notify the supplier of the service in question and our local agent (whose contact details can be found in your booking documentation – for example accommodation vouchers highlight the number to call for in-resort assistance relating to your accommodation or ground arrangements) as soon as possible. They will do their best to rectify the situation. If you do not make your complaint as soon as possible while on holiday, this will affect our ability to investigate and take action and this may affect your rights under your contract with us. If a problem remains unresolved during your holiday, you must make a complaint in writing to us within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will reply to you within 28 days of receipt of your written complaint.

11e. In-resort representation services

Please note we do not have representative services available in all the destinations we feature and therefore you may not necessarily be met on arrival. Please ensure you refer to your itinerary which will provide the appropriate contact details should you need assistance whilst on holiday.

12. Our Responsibilities

12a. We accept responsibility as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992. Subject to these Booking Conditions, if we or our suppliers fail to properly perform the services which we are obliged to provide for you as set out on your Booking Confirmation, we will be liable to pay you compensation. Please note that it is your responsibility to show that we or our supplier(s) have failed to properly perform the contract if you wish to make a claim against us.

12b. 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:-

12b.1. the act(s) and/or omission(s) of the person(s) affected;

12b.2. 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

12b.3. 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

12b.4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled; or

(We may however provide you with prompt assistance in the event you experience difficulty arising out of these circumstances – see Section 11 above.)

12b.5. a Force Majeure Event, as detailed in section 9 of these terms and conditions

12c. We will not be responsible or pay you compensation: -

12c.1. for services or facilities which do not form part of your Booking Confirmation or where they are not advertised by us. For example, any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.

12c.2. for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.

12d. Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-

12d.1. whether or not you have followed the complaints procedure as described in these conditions. 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.

12d.2. the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.

12d.3. when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.

(Please also note that 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.)

12e. We limit our responsibility to you in the following situations:-

12e.1. Luggage or personal possessions and money:

The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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.

12e.2. Claims covered by a transport provider’s conditions of carriage or an International Convention:

When arranging transportation for you, the terms and conditions of carriage of the transport provider will apply. We limit our liability in accordance with those terms and conditions. In addition, we are entitled to limit our liability in accordance with any applicable International Conventions. 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 us for copies of these Conventions.

12e.3. Claims not falling under (12e.1.) or (12e.2.) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of all claims not falling under (a) or (b) above and which don’t involve injury, illness or death 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 arrangements.

13. Jurisdiction and applicable law

These Booking Conditions and any contract you enter into with us subject to these Booking Conditions 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.

14. ABTA

We are a Member of ABTA, membership number [In-progress]. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved

15. Data Protection Policy

15a. For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (“sensitive personal data”).

All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us.

15b. Appropriate personal data will be passed on to the relevant suppliers of your arrangements and any other third party (including banks and/or credit card issuers) who need to know it so that your holiday can be provided. The information may also be provided to government / public authorities such as customs, immigration and the security services if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.

We may disclose personal data to companies in our group of companies for business purposes and to companies who act as data processors on our behalf. On occasions, we may use other companies to provide services on our behalf, such as mailing brochures and marketing material. We only provide third parties with the personal data they require in order to deliver their services. Other than in relation to government / public authorities (over whom we have no control), we will take appropriate steps which are intended to ensure that anyone to whom we pass your personal data for any reason agrees to keep it secure and only uses it for the purposes of providing their services.

In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.

15c. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in your interests or in the interests of everyone in any group with whom you are travelling. For example, if you contract an infectious illness whilst on holiday, we may need to make special arrangements for you and ensure that you do not return with the group immediately.

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