Astraeus Holidays Booking Conditions
Terms
Astraeus Holidays Booking Conditions
The following booking conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Astraeus Holidays Limited, registered number 10700353 of Ironmaster House, 37 Wyle Cop, Shrewsbury, SY1 1XF. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
These booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “We”, “us” and “our” means Astraeus Holidays Limited.
Making your booking
The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader agrees on behalf of all persons detailed on the booking that they have read the booking conditions and agree to be bound by them, they consent to our use of personal data in accordance with our Privacy Policy and is authorised to disclose their personal details to us, including where applicable special categories of data. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made and resident in the United Kingdom and where placing an order for services with age restriction that they and all members of the party are of the appropriate age to purchase those services.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
We will communicate with you by e-mail in relation to your booking. You must accordingly check your e- mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to [email protected].
Payment
In order to confirm your chosen holiday, you will be required to make full or part payment at the time of booking depending on the nature of your chosen arrangements. You will be advised prior to booking of the amount required. A binding contract will come into existence between you and us after you have made a full or part payment and we have issued you with a booking confirmation confirming the details of your booking. If flights are included in your package please be aware that the price is correct at the point of invoice they may however fluctuate between invoice and your payment being received by us and we reserve the right to issue a further invoice in these circumstances.
If at the time of booking only part payment was made the balance of the holiday cost must then be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. If we do not receive all payments due
(including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your booking as cancelled.
The law and jurisdiction of your contract
A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
The cost of your holiday
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
Our prices are calculated on the basis of then known costs and exchange rates.
We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware of and the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price due to direct consequences of changes in:
the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees payable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holidays, including tourist taxes landing taxes or embarkation or disembarkation fees at ports and airports; and
the exchange rates relevant to the package.
Such variations could include but are not limited to airline costs changes which are part of our contracts with airlines (or their agents) or other transport providers.
If any surcharge is greater than 8% of the cost of your holiday (excluding any amendment charges), you will have the option of accepting a change to another holiday is we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges).
Should you decide to cancel for this reason, you have 7 days from the issue date printed on the surcharge invoice to tell us if you want to do so.. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50.
We promise not to levy a surcharge within 20 days of departure. No refund will be payable during this period either.
Special requests and medical conditions / disabilities
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any 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 by us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e., any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. We may require you to produce a doctor’s certificate certifying that you are fit to participate. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
Cutting your holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £25.00 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made. Where we are unable to assist you and you do not wish to proceed with the original bookings we will treat this as a cancellation by you and cancellation charges may be payable in accordance with clause 8. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than 7 days before departure. Where a transfer to a person of your choice can be made, that person must satisfy all the conditions applicable to the holidays and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £25.00 must be paid before the transfer can be effected. Any overdue balance payment must also be received and the transferee agrees to these booking conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. Most of the flights you book with us are non-refundable and any name changes may mean that a new ticket will need to be issued and will therefore incur a cancellation charge of up to 100%.
Cancellation by you
Should you or any member of your party need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of cancellation.
Period before departure within which written Cancellation charge per
notification of cancellation is received by us person cancelling
More than 30 days prior to departure 50%.
30 to 20 days prior to departure 70%
19 days and less prior to departure 100%
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
See clause 6 “Changes by you” if any member(s) of your party are prevented from travelling.
Cancellation by you due to Unavoidable & Extraordinary circumstances: You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, and significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 7 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Changes) Regulations 2013 (Directive 2011/83/EU).
Insurance
Adequate travel insurance is essential and is a condition of your contract with us. Please read your policy details carefully and take them with you on holiday. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies. If you choose to travel 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. Your insurance policy must also include provisions relating to the Coronavirus disease pandemic (COVID-19), covering you for the following situations:
Where you have been diagnosed with COVID-19 before departure and are no longer able to travel;
Where you have been in contact with someone that has been diagnosed with COVID-19 and need to self-isolate preventing you from travelling;
Where you have been contacted by NHS Test and Trace and you are required to self-isolate preventing you from travelling;
You have been diagnosed during your holiday or have otherwise been in contact with someone who has been diagnosed and you are now required to self-isolate. Your insurance policy should cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate whilst abroad;
You live in a place that has imposed lockdown restrictions and you can no longer travel;
You are required to quarantine after returning from another destination, preventing you from travelling with us.
Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Please note, some of our holidays require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular holiday have not been received, we are entitled to cancel it. We will notify you of cancellation for this reason 30 days prior to departure.
Most changes are minor and we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, or changes of carriers. Additionally, if you have booked a boat charter with us, the route of this charter may change due to the weather and any change of route will be a minor change.
Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information, you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(for significant changes) accepting the changed arrangements or
purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other than available holidays. You must pay the applicable price of any such holiday. This will mean you’re paying more if it is more expensive or receiving a refund if it is cheaper or
cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one. You must notify us of your choice within 7 days of our offer. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
If we have to make a significant change or cancel we will as a minimum, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where
(1) we are forced to make a change or cancel as a result of force majeure (see clause 10) or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time), where the change or cancellation by us arises out of alterations to the confirmed booking requested by you, where we make a significant change and you accept those changed arrangements or alternative holiday or where a change is a minor one. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure a significant change Compensation per person or cancellation is notified to you
30 days or more Nil
14 to 29 days £30.00
0 to 13 days £50.00
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
where we make a minor change;
where we make a significant change or cancel your arrangements more than 30 days before departure;
where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
where we have to change or cancellation by us arises out of alterations to the confirmed booking requested by you;
where we are forced to cancel or change your arrangements due to force majeure (see clause 10).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these booking conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events will usually include, but are not limited to, acts of God, flood, drought, earthquake, (whether actual or threatened) war, riot, civil strife, terrorist activity, armed conflict, industrial dispute or strikes (other than by us), natural or nuclear disaster, chemical or biological contamination or disaster, adverse weather conditions including high winds due to the geographical location of our holidays which cause cancellations and delays of ferries, epidemic, pandemic or other significant risk to human health such as the outbreak of serious disease at the travel destination (including but not limited to COVID-19 and any disease caused by a new strain of coronavirus), any law or any action taken or guidance issued by a government (national or local) or public authority, fire, closure, restriction or congestion of airspace, airports and ports and all other events outside our control. Force majeure may also include the UK Foreign, Commonwealth and Development Office advising against all travel or all but essential travel to any country, region or destination.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as force majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
Our Liability to you
We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject the these booking conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to following the complaints procedure as described in these booking conditions and the extent to which our or ours employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible or pay you compensation for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
‘force majeure’ as defined in clause 10 above.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us as forming part of your holiday and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 15 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and applicable standards of the country in which your claim or complaint occurred
will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11(1).
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
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 required to have adequate insurance in place to cover any losses of this kind.
For all other claims not falling under the above, which do not involve death, illness or personal injury: the maximum amount we will have to pay you in respect of these claims is up to three times the price (excluding amendment/cancellation charges) 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 have not received any benefit at all from your holiday.
Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
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 office. 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.
In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), 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 Regulations as if (for this purpose only) we were a carrier.
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.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any indirect or consequential losses (including without limitation any loss of earnings).
It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it must also assign to us or our insurers any rights they have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK using the contact details we have provided you with during your holiday, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us ideally within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
You can access the European Commission Online Dispute Resolution (ODR) 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. Please Note: the ODR platform is unlikely to be available for use by UK consumers at such a point that the UK’s transition period, as part of its withdrawal as a member of the European Union, comes to an end.
Behaviour and damage
All our customers are expected to conduct themselves in an orderly and acceptable manner, abiding by the local laws of the destinations they are visiting. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
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. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions (see clause 11). Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the supplier concerned.
Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions and/or offer to arrange a coach tour for you but we have no involvement in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
Passports, visas and health requirements
The passport and visa requirements applicable to British citizens for the holidays we offer are shown on our website under Useful Information. Requirements may change and you must check the up-to-date position in good time before departure. A British passport presently takes approximately 3 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
There are no compulsory health requirements applicable to British citizens for your holiday at present however it is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. At the time of publication of this brochure, we are not aware of any compulsory health requirements applicable to British citizens taking any of the holidays featured in this brochure. You should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and www.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure. You are responsible for making yourself aware of the advice published here in regards to the safety of the countries and areas in which you will be travelling to and make your decisions accordingly.
Financial security
We provide financial security for flight-inclusive packages by way of our Air Travel Organiser’s Licence number 10300 provided by our membership with the Travel Trust Association and issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is 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 and European Economic Area (EEA).
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.
We provide full financial protection for our package holidays which don’t include flights by way of our membership with the Travel Trust Association, 2 Crown Square, Woking, Surrey, GU21 6HR (https://www.thetravelnetworkgroup.co.uk/travel-trust-association). All monies you pay us for your holiday will be paid into a trust account which is controlled by an independent trustee. Except for any payment which relates to a flight arranged by us (which will be paid to the relevant flight provider when payment falls due), these monies will not be released to us until your holiday arrangements have been completed. These arrangements mean all monies you have paid us for arrangements other than flights will be refunded to you in the unlikely event of our being unable to provide your holiday due to our insolvency.
Prompt assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, 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 Booking 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. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
Delays and missed transport arrangements
If you or any member of your party misses 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.
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.
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 this brochure or on our website 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 https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
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. Where we collect this data, we will treat it in accordance with our privacy policy.
Website / advertising material accuracy
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower.
General information
Awareness and Measures
In response to COVID-19, each country has implemented their own Health and Safety measures and precautions in an attempt to combat the spread of the disease. It is expected that specific regions and resorts have also introduced their own health and safety measures in line with government advice, depending on their capacity and ability to take certain precautions. It is your responsibility to check and make yourself aware of the measures that are currently in place at the destination you are travelling to, as well as the region you are staying in and the accommodation you have booked. Measures and precautions may also vary for each event, tours, excursions and activities you have booked as part of your package.
It may be the case in some countries that certain measures are mandatory and it is therefore essential that you and your party comply with and respect and all local health and safety measures throughout the duration of your stay as you could face penalties for failing to do so. Such measures may include, but are not limited to, social distancing, the use of face masks in public places and the use of gloves in supermarkets and other indoor places.
Where possible, we will make you aware in advance of any mandatory or advised measures that are in place at your travel destination and/or in place at any of the travel arrangements that are included in your booking but it is your responsibility to check the measures and precautions that are being implemented at your travel destination. For further information please visit https://www.gov.uk/foreign-travel-advice following the relevant links and search for the country you are planning on travelling to.
Before you travel
Should you develop symptoms of COVID-19 in the 14 days preceding your departure date, you should not travel as you may be subject to temperature checks or visual health assessments either at your departure airport, arrival airport and/or upon arrival to your accommodation or activities included within your contract with us. It may be the case that the country you are planning on visiting requires a COVID-negative PCR either pre-arrival or upon arrival. If you fail any of these checks and/or fail to present a COVID-negative PCR test and are denied entry then you will be responsible for any costs you have incurred and we regret we cannot refund you for any part of your travel arrangements not used as you should have insurance in place to cover you for this.
Please inform us as soon as possible if you are experiencing symptoms and wish to cancel your booking with us, please note that you will be subject to our standard cancellation charges found in Clause 5 of our Booking Conditions.
Entry Requirements and requirements of suppliers
Where possible, we will make you aware in advance of any mandatory measures that are being implemented by your airline and/or the country you are travelling to and any entry requirements you should be aware of when you arrive at your destination or prior to your departure. However, it is your responsibility to make yourself aware of the above and you should be regularly checking for the most up to date information up until the point of your departure.
As a result of COVID-19 you may be required to complete and present additional travel documentation before you travel such as;
The destinations in which you have travelled through/visited in the 14 days preceding your departure date;
If you have been in contact with anyone with COVID-19 in the 14 days preceding your departure date; and
If you are showing any symptoms of COVID-19.
It is your responsibility to check the entry requirements for the country(ies) you are travelling to as many countries have introduced new entry requirements as a result of COVID-19. Some countries require you to undergo a temperature check as well as a visual health check and you may also be required to ‘self-isolate’ for the first 14 days. Additionally, some countries may require you to provide a pre-arrival COVID-negative PCR test or undertake a COVID-19 test upon arrival. You may face penalties if you refuse to follow the entry requirements mentioned above, or any other such entry requirement that has been introduced.
If you fail to complete the above travel documentation 48 hours before you travel (or in the time period specified by the relevant destination), you may be denied boarding or otherwise unable to enter the country and we do not accept responsibility if you cannot travel, or incur any other loss because you have not complied with these requirements.
Where possible, we will make you aware in advance of any entry requirements relating to the destination(s) you are travelling to but it is your responsibility to check the measures and precautions that are being implemented at your travel destination. For further information please visit www.gov.uk/foreign-travel-advice following the relevant links and search for the country(ies) you are planning on travelling to.
You may also be required to provide your contact details, as well as details of where you will be staying for Test and Trace purposes which will be collected in accordance with the relevant supplier’s Privacy Policy.