Advantage Holidays Terms and Conditions
Advantage Holidays Package Holiday Booking Conditions
Updated 13th July 2018
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 websites with the URL http://www.advantageholidays.com and www.advantageholidaysagents.com. We sell packages holidays through our agent retailers who are members of the Advantage Travel Partnership operated by Advantage Travel Centres Limited.
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).
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 and we will confirm the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.
We will give you general information on the passport and visa requirements of the countries included in your package holiday, including approximate periods for obtaining visas. However your specific visa, passport and immigration requirements are your own legal responsibility. Advice and specific information can be found at the Foreign & Commonwealth Office (“FCO”)’s website 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.
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.
We will give you general information on the health formalities of the destination countries included in your package, however it is your responsibility to ensure that 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.
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, including where additional services are purchased such as tickets for tours and excursions, and generally, flights need to be paid in full at the time of booking and are non-refundable. Your deposit will only be refundable as set out in these booking conditions.
No package travel contract with you is formed until we issue a booking confirmation setting out full details of your arrangements (the “Booking Confirmation”), whether or not a deposit or other amount has been paid – see section 10 for further details of the Booking Confirmation. Accordingly neither you nor we have any legal obligation prior to the issue of the Booking Confirmation.
Bookings made 70 days or less before your departure date require payment in full at the time of booking.
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 with immediate effect. In this instance, we reserve the right to retain the deposit (and any other pre-payments) paid to us by you.
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
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.
It is a condition of our package travel contract that you are covered by adequate travel insurance for your holiday. Such insurance as a minimum must cover your costs and liabilities sustained as a result of your cancellation, medical issues, and including repatriation in the event of accident, illness or death. 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.
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 travel arrangements. Your package travel contract comprises your Booking Confirmation and these Booking Conditions and no contract shall have been formed until we issue the Booking Confirmation (as per Section 2c above).
We reserve the right to increase and/or decrease prices and correct any errors in advertised prices of any of our holidays at any time prior to issuing your Booking Confirmation. All changes will be advised to you before you book.
The price of your holiday is inclusive of taxes and where applicable, all additional fees and charges and other costs. Where any costs cannot be reasonably calculated by us in advance of the conclusion of your contract, we will give you an indication of the type of additional costs which you may still have to bear at the time of booking.
The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
The date shown on the Booking Confirmation and, where your holiday includes a flight, the ATOL certificate is the date of booking.
Once you have made a booking with us and you have received your Booking Confirmation and the ATOL certificate (see Section 4(a) ATOL protection) we ask you to read the documentation carefully. Should you notice any details which are incorrect (including any misspelt 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.
Optional products & activities may be purchased from us prior to travel as part of your package holiday. Some of these products and activities will require you to be in good physical and mental health and 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. In addition, you must have adequate personal travel insurance for the type of product booked.
Certain products and activities booked with us are subject to minimum party numbers and may be cancelled within the period specified by in the Booking Confirmation 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 optional products and activities which are booked locally in resort and not through us prior to travel, do not form part of your package travel contract with us. Your contract in these instances will be between you and the local operator with whom you book. Local operators are not service agents or suppliers of Advantage and accordingly, we are not responsible for any act of or omission by the local operator.
All the flight-inclusive holidays on our Website are financially protected by the ATOL scheme under our ATOL licence number 76778 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. When you pay for an ATOL protected 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 Civil Aviation (Air Tour Operators’ Licensing) Regulations 2012 as amended by the Civil Aviation (Air Tour Operators’ Licensing) (Amendment) Regulations 2018 (together “the ATOL Regulations”). 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.
All of our non-flight packages are fully financially protected by way of our bond held with ABTA - The Travel Association 30 Park Street London SE1 9EQ, www.abta.co.uk.
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 to you any increase in price from the suppliers with whom each element of your holiday has been booked.
You may transfer your booking to another person who satisfies all the conditions applicable to your travel contract. We must receive at least 7 days’ written notice (including email) from you in order to make such a transfer. Any additional fees, charges or other costs incurred as a result of transferring your booking will be passed on to you with these costs being advised to you before we effect any transfer. You and the person to whom you transfer your booking shall be jointly liable to us for the payment of the balance due and for any such additional fees, charges or other costs. As most airlines do not permit name changes for any reason after tickets have been issued, the transfer of an airline ticket will usually be charged at the full cost of the flight.
You may cancel your package travel contract at any time before the start of the package. If you wish to cancel your arrangements, the lead name on your Booking Confirmation must notify us in writing (including by email) 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.
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. Should you already be in receipt of your airline tickets you should return these to us along with your request of cancellation.
If you cancel your booking with us, the charges set out in the table below will apply. These charges represent our reasonable costs of terminating your package travel contract based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services
References to the deposit include all sums paid or payable at the time of booking.
Cancellation notice received by us
(Days prior to departure)
71 days or more
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.
Cancellation charges will not be applied where you cancel due to unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity which significantly affect the performance of the package or your carriage to the destination. In this event you will be entitled to a full refund of any payments made for the package but shall not be entitled to any additional compensation.
Attractions/excursions: If after booking, you cancel attraction/excursion tickets that you have purchased as part of your package, you will liable for cancellation charges in respect of those tickets (and these are not included in the cancellation charges table above). You will be advised at the time of booking if tickets for attractions or excursions that you have purchased as part of your package are non-refundable or if cancellation charges apply. This may occur where we have purchased the tickets in advance and these are only partially refundable or non-refundable by the supplier. Should you cancel your entire package booking with us, you will be liable for any non-refundable element of the attraction/excursion tickets, in addition to any cancellation charges due for the package according to our scale of charges above.
We recommend you to take out appropriate travel insurance which provides cover against loss of deposit and cancellation fees. See section 2g on Travel insurance above.
We rigorously check and strive to ensure that we provide accurate information that 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 at the time of booking. 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.
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 and believe this will have a detrimental effect on your holiday, we will notify you as soon as possible, however near to your departure this may be, and you will have the rights set out in Section 8 below.
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 changes 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.
We hope and expect to be able to provide you with all the travel services confirmed to you in your Booking Confirmation. However, as 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 occasion, changes do have to be made, and we reserve the right to change or cancel your holiday at any time. If we are constrained to alter significantly any of the main characteristics of your holiday or cannot fulfil your special requirements that we have agreed to in your Booking Confirmation (“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.
If we have to make a Significant Change, we will notify you as soon as possible and within 7 days of receiving our notification, you may:
8b.1. accept the proposed change; or
8b.2. terminate the contract without paying a cancellation charge.
If you choose to terminate the contract, you may accept a substitute package where we are able to offer this to you, if possible of an equivalent or higher quality. If you do not accept a substitute package (or we are unable to offer one to you) you will be entitled to a full refund within 14 days after the contract is terminated.
Where the changes to your contract or the substitute package offered result in a package of lower quality or cost, you will be entitled to an appropriate price reduction.
If we have to make a Significant Change or cancel your holiday before the start of the package, you are entitled to receive compensation for any damage which you sustain as a result of our failure to perform or improper performance of the travel services (“lack of conformity”) included in your original contract. We will pay you the compensation payments set out in the table below, unless:
8b.1. we are prevented from performing the contract because of Unavoidable and Extraordinary Circumstances (see section 9);
8b.2. we have to cancel because the minimum number of persons enrolled for the package is smaller than the minimum number stated in the contract;
8b.3. the lack of conformity is attributable to you; or
8b.4 the lack of conformity is attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable.
Time when Significant Change or cancellation notified to you (days prior to departure)
Compensation per person
More than 71 days prior to departure
70 to 49 days prior to departure
48 to 29 days prior to departure
28 to 15 days prior to departure
14 days or less
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We may make minor changes to your package as long as we notify you. 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.
9a. 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 unavoidable and extraordinary circumstances, being a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken (“Unavoidable and Extraordinary Circumstances”). These circumstances could include (but are not limited to), 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, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights) and the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace).
9b. Even where we have no liability for compensation due to Unavoidable and Extraordinary Circumstances, we will always provide appropriate assistance without undue delay where you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and assisting you to make distance communications and to find alternative travel arrangements. We reserve the right to charge a reasonable fee for such assistance if the difficulty is caused intentionally by you or through your negligence.
9c. If it is impossible to return you as agreed in the package travel contract because of Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation, if possible of an equivalent category, for a period not exceeding 3 nights per traveller, or longer in the case of those with reduced mobility, pregnant women, unaccompanied minors or those with specific medical assistance requirements, provided these were notified to us at least 48 hours prior to the start of the package.
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) and will include the main features of your package together with certain additional required information. 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.
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 you received your Booking Confirmation.
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 we are unable to provide a significant proportion of the services in your package travel contract or there is lack of conformity attributable to us. See Section 12. 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 below.
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. 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 overnight hotel accommodation and travel to and from it.
Full details of these rights are publicised at EU airports and are also 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 any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. Carnival is not an air carrier and is not liable to pay compensation under Regulation 261/2004.
11.b.1 Where we cannot provide a significant proportion of the travel services as agreed in the package travel contract or you notify us that a lack of conformity substantially affects the performance of the package, Section 12e. applies.
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).
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 deprive us of the opportunity to investigate and try to remedy your complaint in resort, 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 at Advantage Holidays at 15-21 Provost Street, London, N1 7NH or sending us an email to firstname.lastname@example.org within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will acknowledge your complaint within 7 days and respond to you within 28 days of our acknowledgement of your written complaint.
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.
If for any reason (apart from any fault by us or any supplier or due to Unavoidable and Extraordinary Circumstances (ref clause 6(c)), you decide to curtail your holiday, we shall assist you to make arrangements to return home but you will be fully responsible for all costs incurred in any additional travel arrangements that you require and shall pay any invoice that we render in respect of these additional services within the specified payment date. No refunds shall be due to you in relation to the price of the original booking. Other than assisting you to make alternative arrangements, we shall have no other responsibility or liability to you in respect of any curtailment of your trip at your discretion.
We are responsible for the performance of the travel services include in your package travel contract irrespective of whether those services are to be performed by us or by other travel service providers.
12b. If you perceive that we have failed to perform or have improperly performed the travel services included in your package, then you must notify us without undue delay.
12c. We shall remedy that lack of conformity unless that it is impossible or entails disproportionate costs taking into account the extent of lack of conformity and the value of the travel services affected.
12d. If we do not remedy the lack of conformity pursuant to Section 12(c), we will be liable to pay you compensation pursuant to Section 13 below. Please note that it is your responsibility to show that we have failed to perform or properly performed the contract if you wish to make a claim against us.
12e. Where we cannot provide a significant proportion of the travel services as agreed in the package travel contract, we shall offer, at no extra cost to you, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where your return to the place of departure is not provided as agreed.
12f. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, we shall grant you an appropriate price reduction.
12g. You may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction is inadequate.
12h. Where a lack of conformity substantially affects the performance of the package and we have failed to remedy it within a reasonable period set by you, you may terminate the package travel contract without paying a cancellation charge and, where appropriate, request, in accordance with Section 13, a price reduction and/or compensation for damages.
12i. If it is impossible for us to make alternative arrangements or you reject the proposed alternative arrangements in accordance with Section 12h. above, you are, where appropriate, entitled to price reduction and/or compensation for damages in accordance with Section 13 without terminating the package travel contract.
12j If the package includes carriage, we shall, also provide for your repatriation with equivalent transport without undue delay and at no extra cost to you.
12k If we cannot return you to the place agreed in the package travel contract because of Unavoidable and Extraordinary Circumstances, Section 9(c) shall apply.
13a. You are entitled to receive a price reduction for any period during which there was a lack of conformity, unless we prove it was attributable to you.
13.b Subject to the following Sections, you are entitled to receive appropriate compensation from us for any damage which you sustain as a result of any lack of conformity.
13.c We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description to the extent that the lack of conformity is attributable to you; attributable to a third party unconnected with the provision of services included in the package travel contract and is unforeseeable and unavoidable; or due to Unavoidable and Extraordinary Circumstances.
13.d. We will not be responsible or pay you compensation: -
13.d.1. for services or facilities which do not form part of your package travel contract 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 (see Section 3(e) .
13.d.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.
13.e. Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
13e.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.
13e.2. 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.
13.f We limit our liability to you in the following situations:
13f.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.
13f.2. Claims covered by a transport provider’s conditions of carriage or an applicable 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.
13f.3. Claims not falling under (13f.1.) or (13f.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 13f.1 or 13f.2 above and which don’t involve injury, illness or death caused intentionally or with negligence is three times the total price paid by or on behalf of the person(s) affected.
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 countries and if you wish to do so.
We are a Member of ABTA, membership number Y6353. 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.
16a. In order to process your booking we will need to collect personal data from you. 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 (such data relating to disability, medical conditions or religious beliefs being defined as “special category data”).
16b. 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 will ask (or will procure that our agents ask on our behalf) for your consent to our processing of your special category data including passing it onto our suppliers.
16c. By making a booking with us, you agree to allow us to contact your insurers, their agents and medical staff to disclose relevant information to us (or third parties on our behalf) 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.