Booking Conditions

The following Booking Conditions together with the Important Information, our Privacy Policy and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with 1st Class Holidays Ltd, trading as First Class Holidays, company number 03445248 and registered address, Trafford House, Chester Road, Manchester M32 0RS (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations.  In these booking conditions, “you” and “your” means all persons named on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.   Except where otherwise stated, 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.

By making a booking, the first named person on the booking, the (“party leader”) agrees on behalf of all persons detailed on the booking that:

• He/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
• He/she consents to our use of personal data in accordance with our Privacy Policy and 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)
• He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services
• He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

1. Making a booking

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 or your travel agent. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong, you must contact us immediately 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. 

 

2. Payment

In order to confirm your chosen holiday, a deposit of £400 per person (or full payment if booking within 89 days of departure) must be paid at the time of booking. 

The balance of the holiday cost must be received by us not less than 89 days prior to departure. This date will be shown on the confirmation invoice.  Reminders are not sent.  If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 5 below, will become payable.

Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.

 

3. Contract

A binding contract between us comes into existence when we issue our confirmation invoice to the party leader or your travel agent.  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 (and whether or not involving any personal injury) must be dealt with under the ABTA Alternative Dispute Resolution Process (if the process is available for the claim in question and you wish to use it – see clause 13) or 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 claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). 

 

4. Holiday Insurance

We consider adequate travel insurance to be essential.  It is a condition of your contract with us that you should take out insurance to cover you in the event of illness, personal injury or death during the course of your holiday and for cancellation. Please read your policy details carefully and take them with you on holiday.  It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.  We do not check alternative insurance policies.

 

5. If you change your booking & transfers of booking

If, after your confirmation has been issued you wish to make changes to your confirmed holiday, you must notify us in writing as soon as possible. This should be done by the first named person on the booking. 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 £50.00 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 and you should contact us as soon as possible. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges in accordance with clause 6 of these Booking Conditions, 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. 

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

• that person is introduced by you and satisfies all the conditions applicable to the holiday;
• we are notified not less than 7 days before departure;
• you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; 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 6 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

Important Note: 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 airlines do not permit name changes and such changes are likely to be the full cost of the flight.

 

6. If you cancel your holiday before departure

You or any member of your party, may cancel your holiday at any time provided that the cancellation is made by the party leader and is received by us in writing. As we incur costs from the date we confirm your booking we will retain your deposit and in addition apply cancellation charges up to the maximum amount shown below. The amount of cancellation charge shown is a percentage of the total holiday price excluding insurance premiums and amendment charges which are non-refundable in any event. These charges are calculated from the date we receive your written notification at our offices.

 

Period before departure in which we receive your notification	Cancellation charge payable
More than 89 days	Deposit Only
Between 88 and 31 days	50%
Between 30 and 15 days	75%
14 days or less	100%

 

IMPORTANT NOTE: Certain arrangements on this website and in our brochure have different cancellation terms than those stated above These are either noted on the website, the relevant brochure page or will be advised on your confirmation invoice.

NOTE: Depending on the reason for cancellation, you may be able to reclaim these charges if the reason for cancellation is covered under the terms of your holiday insurance policy.

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 5 “If you change your booking & transfers of booking” if any member(s) of your party are prevented from travelling.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday 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. 

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as 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 to the travel destination as agreed in the package travel contract.

This clause 6 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 Charges) Regulations 2013 .

 

7. If you have a complaint

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. 

If you remain dissatisfied, however, you must notify us in writing within 28 days of the completion of your holiday and this must be to us at the address detailed in paragraph one of these Booking Conditions.

You must quote your booking reference number, holiday number and departure date. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability in respect of any complaint or claims which are not notified to us in accordance with this clause. If you fail to follow this simple complaint procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

Please note that we offer an Alternative Dispute Resolution Service through our ABTA membership. Please see clause 18 for further details.

 

8. Behaviour and damage

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.

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our reasonable opinion or in the reasonable opinion of some other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause damage, distress, danger or annoyance to other clients, employees, property or to any third party, or damage to property, we reserve the right  to terminate the holiday of the person(s) concerned immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the accommodation or other service immediately. We will have no further obligations 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.

 

9. Entry Passport, Visa, Immigration Requirements, Safety & Health Formalities

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

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

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. 

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

For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC can not be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.

Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, 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 or Consulate of your destination or country(ies) through which you are travelling,

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

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

 

10. The price of your holiday

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increase which are a direct consequence 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 applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, 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 cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other service providers.

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of your insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

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 £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

Please also note that our holiday prices include all coach travel, accommodation and meals as specified in the holiday description and VAT and a Goods and Service Tax (GST), where applicable. A GST is levied on hotel and other elements of your holiday package. Similar to British VAT a proportion of this tax is refundable to overseas visitors. Rather than impose on you the responsibility for reclaiming any rebate due we have already deducted this amount in calculating the holiday prices shown in this brochure.

When making your booking, you waive your personal right to claim a GST rebate applicable to your holiday package and assign such entitlement to us as the tour operator. This will then enable us to reclaim the tax paid by us on your behalf and no further refunds will be due to you. Reservations can only be accepted on this express understanding.

Unless specifically indicated in holiday itinerary or description contained in this brochure, entrance fees, guide fees, city sightseeing tours and optional excursions are not included in the holiday cost.

 

11. If we change or cancel your holiday

The arrangements for holidays are made many months in advance. Accordingly, we must reserve the right to make changes to brochure and holiday details both before and after your booking has been confirmed. Most of these changes will, however, be insignificant. 

Changes: If we make an insignificant change to your holiday, we will make reasonable efforts to notify you or your travel agent as soon as is reasonably possible before your departure, but we will have no liability to you. Examples of insignificant changes include alteration to your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements.  Examples of significant changes include the following when made before departure; 

a)    a change of accommodation to that of a lower official classification or standard for the whole or a significant part of the time you are away;
b)    a change of accommodation area for the whole or a significant part of the time you are away, 
c)    a change of outward departure time or overall length of your arrangements by more than 12 hours, 
d)    a change of UK departure airport except between:
o    The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
o    The South Coast airports: Southampton, Bournemouth and Exeter
o    The South Western airports: Cardiff and Bristol
o    The Midland 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        
         e) A significant change to your itinerary, missing out one or more destination entirely

Cancellation: 

We will not cancel your travel arrangements less than 89 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if e.g. the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and, if there is time to do so before departure, we will offer you the choice of;

•    (for significant changes) accepting the changed arrangements; or
•    Having a refund of all monies paid; or
•    Accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost), or;
•    If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

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

Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances;
•    If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
•    If we cancel your booking and no alternative arrangements are available
•    The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you	Compensation per person
Over 89 days	NIL
Between 29 and 88 days	£10
Between 15 and 28 days	£15
Between 8 and 14 days	£20
7 days or less	£25

 

*IMPORTANT NOTE; We will not pay you compensation in the following circumstances:
a)    where we make an insignificant change
b)    where we make a significant change or cancel your arrangements more than [69 days] before departure
c)    where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
d)    where we have to cancel your arrangements as a result of your failure to make full payment on time;
e)    where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
f)    where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12)
 
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.

 

12. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation if our contractual obligations to you are affected by “Force Majeure” In these booking conditions, "force majeure" means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures has been taken. Such events may include actual or threatened war or terrorism, riot, civil strife, 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 or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

 

13. Our responsibility to you

 

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 the travel services specifically included in your package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. 

We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers. 
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
•    the acts and/or omissions of the person affected; or
•    the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or 
•    Force Majeure (as defined in clause 12).

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.

Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three 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 and you or your party has not received any benefit at all from your booking. 

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 offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. 

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 Regulation 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.

Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking 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. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever 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 ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

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 (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: 
•    which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; 
•    relate to any business; 
•    indirect or consequential loss of any kind.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.  

 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 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.
 

 

14. Arbitration

Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to ABTA’s approved Alternative Dispute Resolution process if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims, which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims, which include an element of minor injury, or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent, please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.

 

15. 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 13). 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.

 

16. 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.  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. 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 and cancellation charges as set out in clause 6 may apply.

 

17. Excursions

We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled 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 12(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.

 

18. Insolvency Protection and ABTA membership

We provide financial security for flight-inclusive packages by way of an Air Travel Organiser's Licence issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 1036350 email: [email protected] (ATOL number 5421) When you buy an ATOL protected flight or flight inclusive holiday 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. 

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 services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

We provide full financial protection for our package holidays which don’t include flights by way of a bond held by ABTA Ltd. We are a member of ABTA (ABTA number W3550) and, ABTA will financially protect your holiday by ensuring you receive a refund or, if your arrangements include return travel to the UK (other than flights) you are returned to the UK in the event that your holiday cannot be provided as a result of our insolvency.  Please go to http://abta.com/go-travel for a copy of the guide to ABTA’s scheme of Financial Protection.

ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see clause 7) contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com 

 

19. Delays, Missed Transport Arrangements and other Travel Information

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 UK 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 UK 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 “UK Air Safety list” (available for inspection 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 UK. 

This website/brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

 

20. 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-contractor, 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.

 

21. Brochure / Website / Advertising Material Accuracy

The information contained in our brochure, 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 or your travel agent at the time of booking. 

 

22. 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.

 

23. Advance 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.