Booking Conditions

These BookingConditions together with our PrivacyPolicy and, where your holiday is booked via our website, our website termsand conditions of use, together with any other written information we brought to yourattention before we confirmed your booking form the basis of your agreementwith Mr Christopher Bordessa (Sole Trader) of 6 Cwm Ystrad Park, Johnstown,Carmarthen, SA31 3NZ, trading as Bordessa Holidays (“we” “us” and “our”). Pleaseread them carefully as they set out our respective rights and obligations.References to "you" and "your" in these Booking Conditionsmean all persons named on the booking (including anyone who is added orsubstituted at a later date) or any of them.

References to“Travel Arrangement(s)” in these Booking Conditions are to the accommodation,flights, transport, activities, excursions and other services we feature on ourwebsite. References to “Supplier/Principal” means the third party supplier ofthe Travel Arrangements including but not limited to accommodation providers,transfer providers, car hire companies, airlines, tour operators and attractionproviders.

By making a booking, the first named person on thebooking agrees on behalf of all persons detailed on the booking that he/she:

  1. has read these Booking Conditions and has the authority to and does agree to be bound by them;
  2. consents to our use of personal data in accordance with our Privacy Policyand is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. is over 18 years of age and resident in the United Kingdom and where placing an order for services with age     restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  4. accepts financial responsibility for     payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act only as an agent in respect of all bookings wetake and/or make on your behalf. However, where you make a booking of multiple Travel Arrangementsin such a way as to create a package holiday, we will accept responsibility forthat as a “Multi-Contract Package” in accordance with the Package Travel andLinked Travel Arrangements Regulations 2018 (please see clause 2 below forfurther information as to the circumstances in which we will be acting as aPackage Organiser).

As a result of the above, ourobligations to you may vary depending upon which Travel Arrangements you bookwith us, and whether you book a “Single Component Booking” or a “Multi-ContractPackage” and we have tried to set them out below as clearly as possible:

(A)       Section A contains the conditions that will apply to all bookingsyou make with us;

(B)       Section B sets out the additional terms and conditions that willapply when you make a booking with us for a Multi-Contract Package.

 

SECTION A – TERMS WHICH APPLY TO ALL BOOKINGS

1.    YOUR CONTRACT

Whenmaking your booking we will arrange for you to enter into a contract with theapplicable Supplier/Principal of the Travel Arrangements, as specified on yourconfirmation invoice. Your booking with us is subject to these BookingConditions and the specific terms and conditions of the relevantSupplier/Principal(s) you contract with and you we advise you to read bothcarefully prior to booking. The Supplier/Principal’s terms and conditions maylimit and/or exclude the Supplier/Principal's liability to you.

Yourbooking is confirmed and a contract between you and the Supplier/Principal willexist when we send you confirmation on their behalf.

As an agent we accept no responsibility for theacts or omissions of the Supplier/Principal or for the Travel Arrangementsprovided by the Supplier/Principal, unless we have sold those TravelArrangements in such a way as to create a Multi-Contract Package (please seeclause 2 for further information), in which case wewill accept responsibility for those Travel Arrangements in accordance withSection B of these Booking Conditions.

2.     MULTI-CONTRACT PACKAGE BOOKINGS

Where your booking is for a Multi-Contract Package,as defined below, we will act as a “Package Organiser” and you will receive therights and benefits under the Package Travel and Linked Travel ArrangementsRegulations 2018 (“PTRs”), as outlined in Section B of these BookingConditions.

A “Multi-ContractPackage” exists if you book a combination of at least two different types ofthe following individual travel services, for the purpose of the same trip orholiday:

(a)  transport; or

(b)  accommodation; or

(c)  rental of cars, motor vehicles or motorcycles (in certain circumstances);and

(d)  any other tourist service not intrinsically part of one of the abovetravel services, provided that those travel services are purchased together from a single visit to ourwebsite and selected by you before you agree to pay; or are advertised, sold orcharged at an inclusive or total price; or advertised or sold under the term“package” or a similar term.

This is called aMulti-Contract Package as you still have contracts with each of the individualSupplier/Principals providing the Travel Arrangements, however Mr ChristopherBordessa (Sole Trader), will accept responsibility for this booking as aPackage Organiser.

IMPORTANT NOTE: Please note that where you havemade a booking which consists of not more than one type of travel service aslisted at (a) – (c) above, combined with one or more tourist services as listedat (d) above, this will not create a Multi-Contract Package where the touristservices:

-      do not account for 25% of the value of the combination and are notadvertised as, and do not otherwise represent, an essential feature of thepackage; or

-      are selected and purchased after the performance of the transport,accommodation or car rental has started.

These bookings willbe treated as “Single Component” bookings and will not be afforded the benefitof the rights under the PTRs.

Where you have bookeda Multi-Contract Package, we still act as agent on behalf of theSupplier/Principals of your chosen Travel Arrangements but we will comply withour legal obligations under the PTRs as your Package Organiser and these areoutlined in Section B of these Booking Conditions. This does not prejudice orotherwise affect our agency status with Supplier/Principals.

Please note we may also book a package on your behalf through aTour Operator, where all of the elements of the package will be booked with thesame Supplier/Principal. In this case the Tour Operator will be the PackageOrganiser. We will make this clear to you when you book.

 

3.    BOOKING

When you make a booking you guarantee that you have the authority toaccept and do accept on behalf of all members of your party, the terms of these BookingConditions. The first named person on the booking will be theparty leader and will be responsible for making all payments due to us.

When you make a booking, you will have the opportunity to review/confirmall the details of the booking before making payment. Once you have reviewedand confirmed these details and made payment, we will proceed to make thebooking with the Supplier/Principal.

Please check that all names, dates and timings are correct on receipt ofall documents and advise us of any errors immediately. Any changes to thesedetails will incur the charges stated below. Please ensure that the names givenare the same as in the relevant passport. The booking information that youprovide to us will be passed on only to the relevant Supplier/Principal of yourTravel Arrangements or other persons necessary for the provision of your TravelArrangements. The information may be provided to public authorities such ascustoms or immigration if required by them, or as required by law. This appliesto any special category (sensitive) information that you give to us such asdetails of any disabilities, or dietary and religious requirements. In makingthis booking, you consent to this information being passed on to the relevantpersons. Certain information may also be passed on to security or creditchecking companies. If you are travelling to the United States, the US Customsand Border Protection will receive this information for the purposes ofpreventing and combating terrorism and other transnational serious crimes. Ifyou travel outside the European Economic Area, controls on data protection maynot be as strong as the legal requirements in this country. If we cannot passthis information to the relevant suppliers, whether in the EEA or not, we willbe unable to provide your booking. Full details of our data protection policyare available upon request.

 

4.    PAYMENT

In order to book your chosen Travel Arrangements, you must pay a depositas required by the Supplier/Principal of the Travel Arrangements (or full payment if booking within 14 weeks of departure or as requested by theSupplier/Principal). Final balances are due approximately at 14 weeks beforedeparture depending upon the Supplier/Principal on your booking.

If you have chosen our split deposit plan then we will take an initialdeposit from you at the time of booking, and further deposit payments will bepayable as agreed at the time of booking. If you pay the deposit by card, ourbank will retain your card details and take the further deposits according tothe schedule agreed with you at the time you booked. For the avoidance ofdoubt, you agree that if you cancel your holiday before the deposit is paid infull then you are still liable to pay the remaining amount of the deposit.

You must pay the full balance by the balance due date notified to you.If full payment is not received by the balance due date, we will notify theSupplier/Principal who may cancel your booking and charge the cancellation feesset out in their booking conditions.

Except where otherwise advised or stated in the booking conditions ofthe Supplier/Principal concerned, all monies you pay to us for Arrangementswill be held on behalf of the Supplier/Principal, with the exception ofbookings covered by an ATOL. Any money paid to us in respect of a bookingcovered by an ATOL is held by us on behalf of and for the benefit of theTrustees of the Air Travel Trust at all times, but subject to our obligation topay it to the ATOL Holder for so long as the ATOL Holder does not failfinancially. If the ATOL Holder does fail financially, any money held at thattime by us or subsequently accepted from the consumer by us, is and continuesto be held by us on behalf of and for the benefit of the Trustees of the AirTravel Trust without any obligation to pay that money to the ATOL Holder.

5.    PRICES

We reserve the right to amend advertised prices atany time.  We also reserve the right tocorrect errors in both advertised and confirmed prices. Special note: changesand errors sometimes occur.  You mustcheck the price of your chosen Arrangements at the time of booking.

6.    INSURANCE

Many Supplier/Principals require you to take outtravel insurance as a condition of booking with them and where you have bookeda Multi-Contract Package, it is a condition of booking that you take outsuitable travel insurance. Your travel insurance must cover you and your partyagainst the cost of cancellation by you; the cost of assistance (includingrepatriation) in the event of accident or illness; loss of baggage and money;and other expenses. If we have issued your policy please check it carefully toensure that all the details are correct and that all relevant information hasbeen provided by you (e.g. pre-existing medical conditions). Failure todisclose relevant information will affect your insurance.

If you choose to travel without adequate insurancecover, neither the Supplier/Principal nor we will be liable to you for anylosses howsoever arising, in respect of which insurance cover would otherwisehave been available.

7.    LAW AND JURISDICTION

These Booking Conditions are governed by Englishlaw and we both agree that the courts of England and Wales have exclusivejurisdiction over any dispute, claim or other matter which may arise between us(unless you live in Scotland or Northern Ireland, in which case you can bringproceedings in your local court under Scottish or Northern Irish law, asapplicable).  

8.    SPECIAL REQUESTS

If you have any special requests (for exampledietary requirements, cots or room location), please let us know at the time ofbooking. We will pass on all such requests to the Supplier/Principal, but wecannot guarantee that they will be met and we will have no liability to you ifthey are not. The fact that a special request has been noted on yourconfirmation invoice or any other documentation or that it has been passed onto the Supplier/Principal is not confirmation that the request will be met.

9.    MEDICAL CONDITIONS

We are not a specialist disabled holiday companybut we will do our utmost to cater for any special requirements you may have.If you or any member of your party has any medical problem or disability whichmay affect your trip, please provide us with full details before we confirmyour booking so that we can try to advise you as to the suitability of yourchosen Travel Arrangements.  We mayrequire you to produce a doctor’s certificate certifying that you are fit toparticipate in your chosen tour.

Acting reasonably, if the Supplier/Principal isunable to properly accommodate the needs of the person(s) concerned, we willnot confirm your booking on the Supplier/Principal’s behalf or, if you did notgive us full details at the time of booking, we will inform theSupplier/Principal who may cancel it and impose applicable cancellationcharges, when we become aware of these details.

10. CHANGES OR CANCELLATIONS BY YOU

If you wish to change any part of your holiday arrangements we will doour utmost to make that change, however, we would like to advise you that itmay not always be possible. Any request for changes must be made in writing bythe person who made the original booking. Please ensure that you have receivedwritten confirmation of any changes to your booking prior to travel. If it ispossible to make the change, it will be subject to an administration chargewhich will be notified to you at that time together with any costs or chargesincurred or imposed by the relevant Supplier/Principal. Amendments andcancellations can only be accepted in accordance with the terms and conditionsof the Supplier/Principal of your Travel Arrangements. The Supplier/Principalmay charge the cancellation or amendment charges shown in their bookingconditions (which may be as much as 100% of the cost of the Travel Arrangementsand will normally increase closer to the date of departure). No Frills Airlinesand/or Chartered normally regard name changes after tickets have been issued asa cancellation and rebooking, and any alteration may incur a 100% cancellationcharge. Please note, it may not be possible to make changes within 28 days ofyour scheduled departure date without incurring 100% cancellation charges. Wewill however, do our utmost to accommodate your requested change or addition.

Please note:some Supplier/Principals do not allow changes and therefore full cancellationcharges will apply.

11.  CHANGES ORCANCELLATIONS BY THE SUPPLIER/PRINCIPAL

We will inform you as soon as reasonably possible if theSupplier/Principal needs to make a significant change to your confirmedArrangements or to cancel them. We will also liaise between you and theSupplier/Principal in relation to any alternative arrangements offered by thesupplier but we will have no further liability to you.

12. INFORMATION ACCURACY

Pleasenote, advertised information and prices may have changed by the time you cometo book your holiday. Whilst every effort is made to ensure the accuracy ofinformation and prices when published, regrettably errors do occasionally occurand we reserve the right to correct prices and other details in suchcircumstances. You must therefore ensure you check all details of your chosenholiday (including the price) at the time of booking.

Please bear in mind that accommodation owners, restaurateurs, night clubowners etc, may wish to maintain or improve their facilities, or even take abreak themselves. Flight times and carriers are given for guidance only asthere may be changes. Circumstances such as these, or weather conditions, timeof year etc., may cause some of the amenities we have described to beunavailable or different from those advertised. When we are told of anysignificant or long term changes we will always endeavour to advise you priorto your departure. There may also from time to time be general refurbishment atthese establishments. These are necessary to maintain standards but if we areinformed of such work, we will endeavour to notify you of any activity as soonas possible, however near to your departure this may be.

13. OUR SERVICE CHARGES

In certain circumstances we apply a service chargefor the agency service we provide, in addition to any charge levied by the Supplier/Principal,as follows:

SERVICE and CHARGE 

Cancellation  or amendment
Principal’s  charge + £50 per person

Special  requests after booking has been confirmed
Principal’s  charge + £25 per person (min £25 per booking)

Collection  of surcharges/additional taxes
Principal’s  charge +£25

Arranging  Passports and Visas
Passport/Visa  fee + £25

Pre-booking  airline seats after confirmed booking
Principal’s  charge + £10pp

Tickets  despatched by courier
Cost  of courier + £10

Tickets  despatched by insured delivery
£20

International  telephone/fax calls
Cost  of calls + £5

14. OUR RESPONSIBILITY FOR YOUR BOOKING

Your contract is with the Supplier/Principal andits booking conditions apply. As agent, we accept no responsibility for theactual provision of the Travel Arrangements. Our responsibilities are limitedto making the booking in accordance with your instructions. We accept noresponsibility for any information about the Arrangements that we pass on toyou in good faith. However, in the event that we are found liable to you on anybasis whatsoever, our maximum liability to you is limited to twice the cost of thecommission we earn on your booking (or the appropriate proportion of this ifnot everyone on the booking is affected). We do not exclude or limit anyliability for death or personal injury that arises as a result of ournegligence or that of any of our employees whilst acting in the course of theiremployment.

Please Note: Where youhave booked a Multi-Contract Package we will accept responsibility for thatMulti-Contract Package as a package organiser and additional terms andcondition apply. Please see clause 28 for further information.

15. FORCE MAJEURE

Except where otherwise expressly stated in theseBooking Conditions we will not be liable or pay you compensation if ourcontractual obligations to you are affected by “Force Majeure”. For thepurposes of these Booking Conditions, Force Majeure means any event beyond ouror the Supplier/Principal’s control, the consequences of which could not havebeen avoided even if all reasonable measures had been taken. Examples includewarfare and acts of terrorism (and threat thereof), civil strife, significantrisks to human health such as the outbreak of serious disease at the traveldestination or natural disasters such as floods, earthquakes or weatherconditions which make it impossible to travel safely to the travel destinationor remain at the travel destination,  theact of any government or other national or local authority including port orriver authorities, industrial dispute, labour strikes, lock closure, natural ornuclear disaster, fire, chemical or biological disaster, unavoidable technicalproblems with transport and all similar events outside our or the supplier(s)concerned’s control.

Brexit Implications: please note that certainTravel Arrangements may be affected as a result of the United Kingdom’sdecision to leave the European Union. This could include an unavailability ofcertain flight routes, access to certain ports and airports and changes to thevisa requirements of British citizens travelling to, within or through the EU.Please rest assured that this is something we will continue to monitor and willadvise our customers as soon as possible if we become aware of any confirmed bookingsthat will be affected. However, since this is something which is completelyunprecedented and outside our control, we would treat any such changes as ForceMajeure, and whilst we will endeavour to provide suitable alternativearrangements or refunds where possible, we will not be liable to pay you anycompensation.

16. IMPORTANT FLIGHT INFORMATION[NG9] 

Please note that most airlines do not include hold baggage within thecost of their flights. Where this is the case extra charges will apply. Pleasecheck at the time of booking that hold baggage is included within your booking.It is your responsibility to ensure you have sufficient baggage allowance.Please be aware that hold baggage weight restrictions may also vary betweenairlines.

It should be noted, that “No Frills” airlines are normally quiteinflexible, often charging more for amendments and cancellations.

Unless you have pre-booked your seats (where this facility isavailable), it may not be possible to obtain them together. Please bear in mindthat even when you do pre-book seats, in most cases we will not be able toconfirm the actual seat numbers or position on the aircraft. Where possible, wewill offer you a further range of upgrade options designed to give you a morecomfortable journey at a reasonable supplement.

The flight routings used in connection with our holidays may be based onspecial fares which do not necessarily take the most direct route. Someitineraries require a change of aircraft on route. A flight that is describedas direct is one where there is no need to change aircraft during the journey.However stops may be made en route for re-fuelling or to let passengers onand/or off. Details of any stops will be given on your itinerary. However,should you require this information at an earlier stage, please check with yourtravel advisor at the time of booking.

The carrier(s), flight timings and types of aircraft shown on ourwebsite and detailed on your confirmation invoice are for guidance only and aresubject to alteration and confirmation. We shall inform you of the identity ofthe actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown onyour tickets which will be despatched to you approximately two weeks beforedeparture.  You should check your ticketsvery carefully immediately on receipt to ensure you have the correct flighttimes.  If flight times change aftertickets have been dispatched we will contact you as soon as we can to let youknow.

Please note the existence of a “UK Air Safety list” (available forinspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the

17. TRAVEL SERVICE VOUCHERS[NG10] 

Please note where applicable vouchers may be issued for your TravelArrangements. If these have been issued to you, please make sure that you takethe vouchers on holiday with you to hand over to the relevant Supplier/Principal.Please note the voucher also provides details of the process to obtain theservice which must be adhered to.

18. ACCOMMODATION RATINGS AND STANDRDS

All ratings are as provided by the relevantSupplier/Principal. These are intended to give a guide to the services andfacilities you should expect from your accommodation. Standards and ratings mayvary between countries, as well as between suppliers. We cannot guarantee theaccuracy of any ratings given.

19. BOOKING A ROOM FOR EARLY ARRIVAL OR LATE DEPARTURE[NG11] 

Generally, your accommodation will be available from 2pm on the date ofarrival , and is to be vacated between 10 am and noon on the date of departure,irrespective of your arrival or departure times and unless we have statedotherwise. Should you wish your room to be ready prior to this time frame onyour day of arrival or available after 10 am for an afternoon or eveningdeparture, it may be possible to reserve the room at the time of bookinghowever this will be on a “subject to availability” basis. This could incuradditional cost and is normally paid locally. Should we not be able toaccommodate your request, you may also ask at reception (if applicable) on yourdate of arrival or at any time during your stay.

20. MEALS[NG12] 

Meals if included, are based on table d’hote menus, or a meal vouchersystem unless specified otherwise. Holidays which include main meals generallycommence with dinner on the day of arrival at your accommodation, terminatingwith breakfast (on half board) or lunch (on full board) on the day ofdeparture. No refunds on meals “not taken” can be given. Special diets of anykind (including vegetarian) can seldom be catered for adequately within theconstraints of a table d’hote menu and cannot be guaranteed. We would thereforestrongly suggest that anyone with special requirements takes a holiday where nomeals (or only breakfast) is included.

Please note, if you book accommodation on an “all-inclusive” basis,accommodations differ in their “all-inclusive” offerings including the time allinclusive options are available. Assumptions should not be made thataccommodations booked on this basis will include for example “branded” spiritsas they may offer local alternatives.

21. BEHAVIOUR

You are expected to conduct yourself in an orderlyand acceptable manner and not to disrupt the enjoyment of others. If in theSupplier/Principal’s opinion or in the opinion of any other person inauthority, your behaviour or that of any member of your party is causing or islikely to cause distress, danger or annoyance to any other customers or anythird party, or damage to property, or to cause a delay or diversion totransportation, the Supplier/Principal reserves the right to terminate yourbooking immediately with no further liability to you.  You and/or your party may also be required topay for loss and/or damage caused by your actions and you and each member ofyour party will be jointly and individually liable for any damage or lossescaused. Full payment for any such damage or losses must be paid directly to theSupplier/Principal prior to departure. If you fail to make payment, you will beresponsible for meeting any claims (including legal costs) subsequently madeagainst us because of your actions together with all costs we incur in pursuingany claim against you.

We cannot be held responsible for the actions orbehaviour of other guests or individuals who have no connection with yourbooking arrangements or with us.

22. COMPLAINTS

As the contract for your Travel Arrangements isbetween you and the Supplier/Principal, any queries or concerns about yourTravel Arrangements should be addressed to them in the first instance. If youhave a problem with your Travel Arrangements whilst using them, this must bereported to the Supplier/Principal immediately. If you fail to follow thisprocedure there will be less opportunity for the Supplier/Principal toinvestigate and rectify your complaint. The amount of compensation you may beentitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, writeto the Supplier/Principal. You will see their name and contact details in anyconfirmation documents we send you.

If you remain unsatisfied, you can inform us, via [INSERT CONTACT DETAILS[NG13] [NG14] ] as soon aspossible and, in any event, within 28 days of your return to the UK whereby wewill endeavour to assist in our capacity as an agent by liaising with theSupplier/Principal on your behalf.

23. PASSPORTS, VISAS AND HEALTH REQUIREMENTS

Itis your responsibility to check and fulfil the entry, passport, visa,immigration requirements, safety and health formalities applicable to youritinerary. We can only provide general information about this. You must checkrequirements for your own specific circumstances with the relevant Embassiesand/or Consulates, the Foreign, Commonwealth and Development Office (‘FCDO’)and your own doctor as applicable. Requirements and the safety of the countriesand areas in which you will be travelling to, do change and you must check theup to date position in good time before departure in order to make yourdecisions accordingly.

Mostcountries now require passports to be valid for at least 6 months after yourreturn date. If your passport is in its final year, you should check with theEmbassy of the country you are visiting. For further information contact thePassport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Specialconditions apply for travel to the USA, and all passengers must have individualmachine readable passports. Please check https://uk.usembassy.gov.  

For European travel you should obtain a UKGlobal Health Insurance Card (UK GHIC) prior to departure unless you are ableto rely upon an existing European Health Insurance Card (EHIC).

For travel to Norway, Iceland, Liechtenstein andSwitzerland, UK GHIC and EHIC can not be used for medical treatment. Passengersto these destinations should obtain comprehensive medical insurance prior todeparture, including cover for emergency medical treatment and associatedcosts.

Upto date travel advice can be obtained from the FCDO, visit https://www.gov.uk/travelaware.  

Non British passport holders,including other EU nationals, should obtain up to date advice on entry,passport, visa, health and immigration requirements   from the Embassy, High Commission orConsulate of your destination or country(ies) through which you are travelling,

Wedo not accept any responsibility if you cannot travel, or incur any other lossbecause you have not complied with any entry, passport, visa, immigrationrequirements or health formalities. You agree to reimburse us in relation toany fines or other losses which we incur as a result of your failure to complywith any entry passport, visa, immigration requirements or health formalities.

Please note: The impacts ofBrexit may change your visa, ticket and health requirements. Third countrynationals may require an airport transit visa when passing through EU MemberStates. There is the potential for disruption at borders when travelling betweenthe UK and EU Member States and you should allow sufficient time for this whenplanning any onward travel. You should check any impacts of Brexit on yourtravel, in advance of your departure, to ensure that you fulfil therequirements post-Brexit, including any passport validly requirements.

SECTION B – TERMS WHICH APPLY TO MULTI-CONTRACT PACKAGES WHERE WE ARETHE ORGANISER

24. PRICING

Whereyou have booked a Multi-Contract Package, we reserve the right to increase theprice of confirmed Travel Arrangements solely to allow for increases which area direct consequence of changes in:

(i) the price of the carriage of passengers resultingfrom the cost of fuel or other power sources;

(ii) the level of taxes or fees chargeable forservices applicable to the holiday imposed by third parties not directlyinvolved in the performance of the holiday, including tourist taxes, landingtaxes or embarkation or disembarkation fees at ports and airports; and

(iii) the exchange rates relevant to the TravelArrangements.

Such variations could include but are notlimited to airline cost changes which are part of our contracts with airlines(and their agents), cruise ship operators and any other transport providers.

You will becharged for the amount of any increase in accordance with this clause. However,if this means that you have to pay an increase of more than 8% [NG15] of theprice of your confirmed Multi-ContractPackage (excluding any insurance premiums, amendmentcharges and/or additional services or travel arrangements), you will have the option of accepting a change toanother Multi-Contract Package if we are able to offer one (if this is of lowerquality you will be refunded the difference in price), or cancelling andreceiving a full refund of all monies paid to us, except for any insurancepremiums and any amendment charges and/or additionalservices or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, youmust exercise your right to do so within 7 days from the issue date printed onyour final invoice. We will consider an appropriate refund of insurancepremiums paid if you can show that you are unable to transfer or reuse yourpolicy.

Should the priceof your Multi-Contract Package go down due to the changes mentioned above, thenany refund due will be paid to you less an administrative fee of £10[NG16] . However,please note that Travel Arrangements are not always purchased in local currencyand some apparent changes have no impact on theprice of your Multi-Contract Package due to contractual and other protection inplace.

There will be nochange made to the price of your confirmed Multi-ContractPackage within 20 days of your departure norwill refunds be paid during this period.

25.  TRANSFERRING YOUR MULTI-CONTRACTPACKAGE BOOKING

Ifany member of your party is prevented from travelling on their Multi-ContractPackage, that person(s) may transfer their place to someone else, subject tothe following conditions:

a. that person is introduced byyou and satisfies all the conditions applicable to the Travel Arrangementsmaking up the Multi-Contract Package;

b. we are notified not less than7 days  before departure;

c. you pay any outstandingbalance payment, an administration fee of £25 per person transferring as wellas any additional fees, charges or other costs arising from the transfer; and

d. the transferee agrees to theseBooking Conditions, the Supplier/Principal’s terms and conditions and all otherrequirements applicable to the Travel Arrangements making up the Multi-ContractPackage.  

Youand 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 willapply in accordance with clause 10. Otherwise, no refunds will be given forpassengers not travelling or for unused services.

Important Note:Certain arrangements may not be amended or transferred after they have beenconfirmed and any alteration could incur a cancellation charge of up to 100% ofthat part of the arrangements.

26.  IF YOU CANCEL YOUR MULTI-CONTRACT PACKAGE DUE TOUNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES

If you have booked a Multi-Contract Package, you have theright to terminate the Multi-ContractPackage at any time before the start of the TravelArrangements without paying a cancellation charge in the event of “unavoidableand extraordinary circumstances” occurring at the place of destination or itsimmediate vicinity which will significantly affect the performance of thepackage or carriage to your holiday destination. In these circumstances, weshall provide you with a full refund of the monies you have paid but we willnot be liable to pay you any additional compensation. You must be able to showat the time you wish to cancel that there is no reasonable possibility of yourtrip going ahead, in order to rely on this clause.

For the purposes of this clause, “unavoidable andextraordinary circumstances” may include warfare, other serious securityproblems such as terrorism, significant risks to human health such as theoutbreak of serious disease at the travel destination, or natural disasterssuch as floods, earthquakes or weather conditions which significantly affecttravel to the travel destination as agreed in the package travel contract.

27.  IF THE SUPPLIER/PRINCIPAL CHANGES OR CANCELS YOURMULTI-CONTRACT PACKAGE

Where you have booked a Multi-Contract Package andthe Supplier/Principal makes a significant change to or cancels the TravelArrangements which form your Multi-Contract Package, the provisions of this clause27 will apply.

Changes: If the Supplier/Principal makes an insignificant change to your TravelArrangements, we will make reasonable efforts to inform you as soon asreasonably possible if there is time before your departure but we will have noliability to you. Examples of insignificant changes include alteration of youroutward/return flights by less than 12 hours, changes to aircraft type, changeof accommodation to another of the same or higher standard, changes ofcarriers. Please note that carriers such as airlines used in the brochure maybe subject to change.

Occasionally the Supplier/Principal may have tomake a significant change to your confirmed Travel Arrangements. Examples of“significant changes” include the following, when made before departure:

- A change of accommodation area for the whole or a significant part of your timeaway.

- A change of accommodation to that of a lower standard or classification for thewhole or a significant part of your time away.

- A change of outward departure time or overall length of your Travel Arrangementsby more than 12 hours.

- A change of UK departure airport except between:

o  TheL ondon airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

o  Th eSouth Coast airports: Southampton, Bournemouth and Exeter

o  The South Western airports: Cardiff and Bristol

o  The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

o  The Northern airports: Liverpool, Manchester and Leeds Bradford

o  The North Eastern airports: Newcastle and Teesside

o  The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.

-       A significant change to your itinerary, missing out one or more destinationentirely.

If the Supplier/Principal has to make asignificant change or cancel your Travel Arrangements, we will tell you as soonas possible and if there is time to do so before departure, we will offer youthe choice of:

i  (for significantchanges) accepting the changed Travel Arrangements; or

ii having a refund of all monies paid; or

iii accepting an offer ofalternative travel arrangements of comparable or higher standard if available(at no extra cost); or

iv if available,accepting an offer of alternative travel arrangements of a lower standard, witha refund of the price difference between the original Travel Arrangements andthe alternative travel arrangements.

You must notify us of your choice within7 days of our offer. If we do not hear from you within 7 days, we will contactyou again to request notification of your choice. If you fail to respond againwe will assume that you have chosen to accept the change or alternative TravelArrangements.

Insurance: If theSupplier/Principal cancels or makes a significant change and you accept arefund, we will provide a full refund of your travel insurance premiums if youpaid them to us and can show that you are unable to transfer or reuse yourpolicy.  

Compensation

In addition to a full refund of all monies paidby you, we will pay you compensation as detailed below, in the followingcircumstances:

-    If,where the Supplier/Principal makes a significant change, you do not accept thechanged Travel Arrangements and cancel your booking;

-    Ifthe Supplier/Principal cancels your booking and no alternative travelarrangements are available.

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

 

1.       Period   before departure a significant change or cancellation is notified to you

2.     Compensation per person

3.     More than 56 days

4.     nil

5.     56-29 days

6.     £10

7.     28-14 days

8.     £15

9.     less than 14 days

10.  £20

 

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

-  where the Supplier/Principal makes an insignificant change;

-  where the Supplier/Principal makes a significant change or cancels your Travel Arrangements morethan 60 days before departure/start date;

-  where the Supplier/Principal makes a significant change and you accept those changed TravelArrangements or you accept an offer of alternative Travel Arrangements;

-  where the Supplier/Principal has to cancel your Travel Arrangements as a result ofyour failure to make full payment on time;

-  where the change or cancellation by theSupplier/Principal arises out of alterations to theconfirmed booking requested by you;

-  where the Supplier/Principal is forced to cancel or change your Travel Arrangementsdue to Force Majeure (see clause 15).

 

Ifthe Supplier/Principalbecomes unable to provide a significant proportion of the Multi-ContractPackage that you have booked after you have departed, we will, if possible,make alternative Travel Arrangements for you at no extra charge and where thosealternative Travel Arrangements are of a lower standard, provide you with anappropriate price reduction.

 

28.  OUR RESPONSIBILITIES IN RESPECT OF MULTI-CONTRACT PACKAGES

(1)  Where you have booked a Multi-Contract Package wherewe are acting as a Package Organiser, although we still act as agent for the Supplier/Principalsof your chosen Travel Arrangements and your contract will be with theSupplier/Principals, 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 Regulations2018, as set out below and as such, we are responsible for the proper provisionof the travel services specifically included in your package, as set out inyour confirmation documents from the relevant Supplier/Principal and the information we provided to you regarding the services prior to booking. Pleasenote that we shall not be responsible for any additional services provided toyou, whether provided by the travel service providers or otherwise, which arenot set out in your confirmation documents from the relevant Supplier/Principaland the information we provided to you regarding the services prior to booking.

(2)  We willnot be responsible or pay you compensation for any personal injury or deathunless you are able to prove that it was caused by our negligence or thenegligence of our suppliers.

(3)  We will not beresponsible for any injury, illness, death, loss, damage, expense, cost orother claim of any description whatsoever which results from: –

a.    the act(s)and/or omission(s) of the person(s) affected, or

b.    the act(s)and/or omission(s) of a third party unconnected with the provision of the services contracted for and whichwere unforeseeable or unavoidable; or

c.    ‘forcemajeure’ as defined in clause 15 above.

(4)   We limitthe amount of compensation we may have to pay you if we are found liable underthis clause:

a.    loss of and/or damage to any luggage or personalpossessions and money: the maximumamount we will have to pay you in respectof these claims is an amount equivalent to the excess on your insurance policywhich applies to this type of loss per person in total because you are requiredto have adequate insurance in place to cover any losses of this kind.

b.    Claims not falling under (a) above and which don’tinvolve injury, illness or death: themaximum amount we will have to pay you in respect of these claims is up tothree times the price paid by or on behalf of the person(s) affected in total.This maximum amount will only be payable where everything has gone wrong andyou or your party has not received any benefit at all from your booking.

c.    Claims in respect of international travel by air, seaand rail, or any stay in a hotel:

 i.  The extent of our liability will in all casesbe limited as if we were carriers under the appropriate Conventions, whichinclude The Warsaw/Montreal Convention (international travel by air); TheAthens Convention (with respect to sea travel); The Berne/Cotif Convention(with respect to rail travel) and The Paris Convention (with respect to hotelarrangements). You can ask for copies of these Conventions from our offices.Please contact us. In addition, you agree that the operating carrier ortransport company's own 'Conditions of Carriage' will apply to you on thatjourney. When arranging transportation for you, we rely on the terms andconditions contained within these international conventions and those'Conditions of Carriage'. You acknowledge that all of the terms and conditionscontained in those 'Conditions of Carriage' form part of your contract with us,as well as with the transport company and that those 'Conditions of Carriage'shall be deemed to be included by reference into this contract.

ii.  In any circumstances in which a carrier isliable 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 ofthe same facts, is limited to the remedies provided under the Regulation as if(for this purpose only) we were a carrier.

iii. When making any payment, we are entitled todeduct any money which you have received or are entitled to receive from thetransport provider or hotelier for the complaint or claim in question.

(5)  Subject tothese Booking Conditions, if we or our suppliers negligently perform or arrangethose Travel Arrangements set out in the confirmation documents from therelevant Supplier/Principal and the information we provided to you regardingthe services prior to booking and we don’t remedy or resolve your complaintwithin a reasonable period of time, and this has affected the enjoyment of yourMulti-Contract Package you may be entitled to an appropriate price reduction orcompensation or both. You must inform us without undue delay of any failure to perform or improper performance of the TravelArrangements included in this Multi-Contract Package. The level of any suchprice reduction or compensation in respect of any claim for damages orcompensation whatsoever will be calculated taking into consideration allrelevant factors such as but not limited to: following the complaints procedureas described in these Booking Conditions and the extent to which ours or ouremployees’ or suppliers’ negligence affected the overall enjoyment of your Multi-ContractPackage. Please note that it is your responsibility to show that we or oursupplier(s) have been negligent if you wish to make a claim against us.

(6)  It is acondition of our acceptance of liability under this clause that you notify anyclaim to us and our supplier(s) strictly in accordance with the complaintsprocedure set out in these conditions.

(7)  Where any payment is made, the person(s) receivingit (and their parent or guardian if under 18 years) must also assign to us orour insurers any rights they may have to pursue any third party and mustprovide ourselves and our insurers with all assistance we may reasonablyrequire.

(8)  Pleasenote, we cannot accept any liability for any damage, loss or expense or othersum(s) of any description:

a.which on the basis of theinformation given to us by you concerning your booking prior to our acceptingit, we could not have foreseen you would suffer or incur if we breached ourcontract with you;

b.relate to any business;

c.indirect or consequential loss of any kind.

(9)  We will notaccept responsibility for services or facilities which do not form part of yourMulti-Contract Package or where they are not advertised on our website: forexample any excursion you book whilst away, or any service or facility whichyour hotel or any other supplier agrees to provide for you.

(10)Where it is impossible for you to return to yourdeparture point as per the agreed return date of your package, due to“unavoidable and extraordinary circumstances”, we shall provide you with anynecessary accommodation (where possible, of a comparable standard) for a periodnot exceeding three nights per person. Please note that the 3 night cap doesnot apply to persons with reduced mobility, pregnant women or unaccompaniedminors, nor to persons needing specific medical assistance, provided we havebeen notified of these particular needs at least 48 hours before the start ofyour holiday. For the purposes of this clause, “unavoidable and extraordinarycircumstances” mean warfare, acts of terrorism, significant risks to humanhealth such as the outbreak of serious disease at the travel destination ornatural disasters such as floods, earthquakes or weather conditions which makeit impossible to travel safely back to your departure point.

29. EXCURSIONS

Excursions orother tours that you may choose to book or pay for whilst you are on holidayare not part of your Multi-Contract Package with us. For any excursion or othertour that you book, your contract will be with the operator of the excursion ortour and not with us. We are not responsible for the provision of the excursionor tour or for anything that happens during the course of its provision by theoperator.

30. PROMPT ASSISTANCE

If you have booked a Multi-Contract Package andwhilst you are on holiday, you find yourself in difficulty for any reason we willoffer you such prompt assistance as is appropriate in the circumstances. Inparticular, we will provide you with appropriate information on healthservices, local authorities and consular assistance, and with distancecommunications and finding alternative Travel Arrangements. Where you requireassistance that is not owing to any failure by us, our employees orsub-contractors, we will not be liable for the costs of any alternative TravelArrangements or other such assistance you require. Any Supplier/Principal,airline or other transport supplier may however pay for or provide refreshmentsand/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 liablefor any costs, fees or charges you incur in the above circumstances, if youfail to obtain our prior authorisation before making your own TravelArrangements. Furthermore, we reserve the right to charge you a fee for ourassistance in the event that the difficulty is caused intentionally by you or amember of your party, or otherwise through your or your party’s negligence.

31. DELAYS & MISSED TRANSPORT

Ifyou or any member of your party misses your flight or other transportarrangement, it is cancelled or you are subject to a delay of over 3 hours forany reason, you must contact us and the airline or other transport supplierconcerned immediately.

UnderUK Law, you have rights in some circumstances to refunds and/or compensationfrom the airline in cases of denied boarding, cancellation or delay to flights.Full details of these rights will be publicised at UK airports and will also beavailable from airlines. If the airline does not comply with these rules youshould complain to the Civil Aviation Authority at www.caa.co.uk/passengers.Reimbursement in such cases is the responsibility of the airline and will notautomatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against theairline and make a claim for compensation from us, you must, at the time ofpayment of any compensation to you, make a complete assignment to us of therights you have against the airline in relation to the claim that gives rise tothat compensation payment. A delay or cancellation  to your flight does not automatically entitleyou to cancel any other arrangements even where those arrangements have beenmade in conjunction with your flight.  

Wecannot accept liability for any delay which is due to any of the reasons setout in clause 15 of these Booking Conditions (which includes the behaviour ofany passenger(s) on any flight who, for example, fails to check in or board ontime).  

32. FINANCIAL PROTECTION FOR YOUR MULTI-CONTRACT PACKAGE

Weprovide financial security for flight-inclusive Multi-Contract Packages andATOL protected flights by way of  our AirTravel Organiser’s Licence number 12173, issued by the Civil AviationAuthority, GatwickAirport South,West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected productfrom us you will receive an ATOL Certificate. This lists what is financially protected, where you can get informationon what this means for you and who to contact if things go wrong.  For further information, visit the ATOLwebsite at www.atol.org.uk.  The price of our flight inclusivearrangements includes the amount of £2.50 per person as part of the ATOLProtection Contribution (APC) we pay to the CAA. This charge is included in ouradvertised prices. Not all holiday or travel services offered and sold by uswill be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in theUnited Kingdom.

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

If we, or the suppliers identified on your ATOLcertificate, are unable to provide the services listed (or a suitablealternative, through an alternative ATOL holder or otherwise) for reasons ofinsolvency, the Trustees of the Air Travel Trust may make a payment to (orconfer a benefit on) you under the ATOL scheme. You agree that in return forsuch a payment or benefit you assign absolutely to those Trustees any claimswhich you have or may have arising out of or relating to the non-provision ofthe services, including any claim against us, the travel agent (or your creditcard issuer where applicable). You also agree that any such claims may bere-assigned to another body, if that other body has paid sums you have claimedunder the ATOL scheme.

Weprovide full financial protection for our Multi-Contract Package holidays whichdon’t include flights, by way of a trust account with theTravel Trust Association. Our agent number is Q9700.

If you book arrangements other than Multi-Contract Package holiday from us, your monies will not be financially protected, unless you book a package from another TourOperator where we act only as agent. Please ask us for further details.

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