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Booking conditions

The following Booking Conditions, together with the general information sections in our brochure (starting with the page headed “Holiday Information”) and the ‘Information’ section of our website and all other information relating to your chosen holiday contained on our website or in our relevant brochure, as well as our Privacy Statement, form the basis of your contract with Inntravel Limited trading as Inntravel, registered address Nelson House, 55 – 59 Victoria Road, Farnborough GU14 7PA. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, references to “you” and “your” means the first named person on the booking (“party leader”), all persons on whose behalf a booking is made (including anyone who is added or substituted at a later date) and any person(s) to whom a booking or place on a booking is transferred (or any of them as the context requires). References to “holiday” and “arrangements” means the accommodation and other services which you book with us before departure which we agree to make, provide or perform (as applicable) as part of our contract with you. References to departure mean the start date of the arrangements we have contracted to provide. Any reference to an EU regulation in these Booking Conditions includes reference to any UK legislation which replaces that EU regulation and any EU regulation which continues to have effect in the UK as a result of being incorporated into UK law (in all cases “retained EU law”). Changes to retained EU law are likely to be made over time. Reference to any EU regulation in these Booking Conditions is intended to refer to the relevant retained EU law at the applicable time.

You should also read the Information Requirements which explain your key rights under the Package Travel and Linked Travel Arrangements Regulations 2018.

By making a booking, the party leader agrees (on behalf of all persons on the booking where applicable) that:-
1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
2. he/she consents to our use of personal data in accordance with our Privacy Statement and is authorised to disclose personal data to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
3. he/she is over 18 years of age and where booking services with age restrictions declares that he/she and all members of the party are of the appropriate age to book and use those services; and
4. he/she accepts financial responsibility for making all payments due in respect of the booking.

We are a UK registered company (No. 02701796). We are based and operate within the United Kingdom and as such we are governed by English law. We both agree that your contract with us and any dispute, claim or other matter of any description which arises between us will at all times be governed by the law and be subject to the jurisdiction of the courts set out in clause 2 below. This position applies regardless of where in the world you may reside.
 
1) Booking & payment
In order to make a booking, please follow the procedure set out under ‘Booking your Inntravel holiday’ on our website or in the brochure. All prices and payments will be processed in Sterling (£GBP). If we do not receive all payments due (including any surcharge where applicable) in full and on time, we will send you a written reminder (which will usually be by e-mail). If you do not pay all payments due in full within 7 days of our sending this reminder, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 5 below will be payable. We reserve the right to decline any booking request in our absolute discretion.

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 we issue our Booking Confirmation. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies held at that time by the agent or subsequently paid by you to the agent, will be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay those monies to us.

Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these Booking Conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
 
2) Your contract
A binding contract comes into existence between you and us when we issue your Booking Confirmation (which will confirm the details of your booking) and Invoice to the party leader or your authorised travel agent. If your confirmed arrangements include a flight, we (or if you booked via an authorised travel agent of ours, that agent) will issue you with an ATOL Certificate as well as the Booking Confirmation and Invoice. Please carefully check these documents immediately on receipt. If you believe that any details on the Booking Confirmation, Invoice or ATOL Certificate (or any other document) are incorrect or incomplete, you must advise us as soon as possible as it may not be possible to make changes later. 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. We will do our best to rectify any mistake notified to us outside this time limit but you will be required to meet any costs involved in doing so.

We both agree that these Booking Conditions and the contract to which they apply are governed in all respects by English law and no other (except as set out in this clause). We both agree that any dispute, claim or other matter which arises between us (and whether or not involving any personal injury) out of or in connection with your contract will be dealt with by the Courts of England and Wales only (if not referred to the AITO dispute resolution scheme or ABTA arbitration scheme under clause 10 below) to the exclusion of all other courts except those of Scotland and Northern Ireland as set out below. If you live in Scotland or Northern Ireland, any claim you may wish to pursue 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). The above position applies regardless of where in the world you may reside.
 
3) The cost of your holiday
We may make changes to and correct errors in the advertised prices of unsold holidays at any time. We will update our website as soon as possible with any changes to prices, but the price of your chosen holiday will be confirmed at the time of booking.

We reserve the right to correct errors in the prices of confirmed holidays. Once the price of your holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees on the travel services included in the contract 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
(iii) the exchange rates relevant to the package.

You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this clause which occurs between confirmation of your booking and the start of your holiday.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday arrangements, (excluding any amendment charges). You will be charged for any increase in our costs over and above that.

If any surcharge is greater than 8% of the total cost of your confirmed holiday (excluding any amendment charges), clause 7 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a price reduction is applicable, we are entitled to deduct an administrative fee of £30. 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 any refunds be paid during this period. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.

Please note, changes and errors occasionally occur. Please check the price of your chosen holiday at the time of booking.
 
4) Changes by you & transfers of booking
Should you wish to make any changes to your confirmed holiday, the party leader must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of up to £30 per element altered will be payable together with any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as cancellation by you. A cancellation fee may be payable in accordance with clause 5.

A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.

Transfer of booking:  You may transfer your booking or place on the booking to someone else, subject to the following conditions:
a) the person(s) to whom the transfer is to be made is introduced by you and satisfies all the conditions applicable to the arrangements which form part of our contract;
b) we are notified of the transfer request in writing not less than 7 days before departure;
c) the transfer request is accompanied by the name and other applicable details of the person(s) to whom the transfer is to be made;
d) you pay any outstanding balance payment, an amendment fee of £30 per person transferring, as well as any additional fees, charges or other costs arising from the transfer prior to the transfer being effected; and
e) the person(s) to whom the booking or place on the booking is being transferred agrees to these Booking Conditions and all other terms of the contract between us.

The persons originally booked to travel and those to whom any booking is transferred remain jointly and severally liable for payment of all sums due to us under the contract. If you are unable to find a replacement for any person(s) who cannot or no longer wishes to travel, cancellation charges as set out in clause 5 will apply. Except as set out in this clause, no refunds will be given for passengers not travelling or for unused services.

As certain arrangements (such as flights) cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service.
 
5) Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 4. If you want to cancel your booking after we have confirmed it, the party leader must do so by e-mail or by posting or hand delivering written notice of cancellation to us or your travel agent. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding any previously incurred amendment charges (which are not refundable in the event of cancellation).

If we receive your notice of cancellation 8 weeks or more before departure, we will retain the full amount of your deposit (NB “deposit” includes, in addition to any other monies paid or due at that time, all amounts paid or due at the time of booking in respect of any flight(s) you have booked). If we receive it less than 8 weeks before departure, the following charges will be payable per person cancelling:
Period before departure within which written notification of cancellation is received by us:
• 56-29 days: cancellation charge per person cancelling = 30% of total holiday price
• 28-15 days: cancellation charge per person cancelling = 50% of total holiday price
• 14-8 days: cancellation charge per person cancelling = 70% of total holiday price
• 7 days or fewer: cancellation charge per person cancelling = 100% of total holiday price

*Please note: where you have booked a flight inclusive holiday with us where the cost of the flight(s) was not included in the basic price of your holiday but was payable in addition to that price, the percentages above relate to the basic holiday price excluding the flight costs and amendment charges. You will have to pay the full cost of the flight(s) element in addition to the cancellation charges set out above if you cancel less than 8 weeks before departure. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
We will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by you due to unavoidable & extraordinary circumstances: You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event that unavoidable and extraordinary circumstances (see clause 8) occur in your holiday destination or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination. We will notify you as soon as practicable should this situation occur. Where applicable, we will provide you with a full refund of the monies you have paid us but we will not be liable to pay you any compensation or to meet any costs or expenses you have incurred in connection with your booking.
 
6) Cutting your holiday short
If you are forced or choose to return home early, we cannot refund the cost of any accommodation or services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided (or where any complaint you may have does not reasonably justify your early return including where you have not provided us with a reasonable opportunity to remedy the complaint), we will not offer you any refund for that part of your holiday which you do not complete, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment. Where applicable, any claim under your policy should be made directly to your travel insurer.
 
7) Changes and cancellation by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 7. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. An insignificant change does not entitle you to cancel your holiday and no compensation, refunds or damages of any nature will be payable where any such change is made. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 14. Where we have to do so, clauses 7(4) and 7(5) will apply.

(2) All alterations which are not significant in accordance with clause 7(1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stansted or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities, airlines and businesses to manage its effects (including mandatory social distancing, face masks/coverings, hand sanitization, temperature checks and health passes / vaccination certificates) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide, or you may be unable to access, certain services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.

(3) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before departure.

(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.

(5) If you choose to cancel your booking in accordance with clause 7(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we or the travel agent through whom you made your booking send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 8).

(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 8) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 7(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 7(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 5 will apply.
 
(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 7(6) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Without limitation, any obligation to quarantine or self-isolate on your return to your country of residence or to meet Covid-19 vaccination or testing requirements does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.

(8) In addition to a full refund of all monies paid by you (where applicable), we will pay you compensation as detailed below, in the following circumstances:
- if, where we make a significant change to your holiday, you do not accept the changed arrangements and cancel your booking; or
- if we cancel your booking and no alternative arrangements are available and/or we do not offer an alternative.

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 & amount you will receive from us (per person)*
•  56 days or more: Nil
•  55 to 28 days: £20
•  27 to 14 days: £30
•  13 days or fewer: £40

*Important note: We will not pay compensation in the following circumstances:
- where we make an insignificant change;
- where we make a significant change or cancel your arrangements more than 8 weeks before departure;
- where we have had to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to change or cancel your holiday as a result of unavoidable and extraordinary circumstances (see clause 8)
 
8) Unavoidable and Extraordinary Circumstances
Except where otherwise expressly stated in these Booking Conditions, we will not have any liability (including, without limitation, in respect of the payment of compensation) where the performance or prompt performance of our contractual obligations to you are prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these Booking Conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include without limitation (and whether actual or threatened) war, riot, civil strife, decisions of governments or public authorities, terrorist activity, industrial dispute, natural or nuclear disaster, adverse or exceptional weather conditions, fire, flood, pandemics/epidemics, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. For the avoidance of doubt, unavoidable and extraordinary circumstances include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination for any reason and the Covid-19 / SARS-CoV-2 (and any mutation or variants of the same) pandemic and its impact such as travel restrictions and the measures and other action taken by governments, public authorities and businesses to control and manage its effects (such as the requirement for Covid-19 vaccination and/or testing).

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom ceasing to be a member of the European Union. This could include unavailability of certain flight routes and changes to the passport and visa requirements for British citizens travelling to, within or through the EU. We will keep the situation under review and will advise our customers as soon as possible if we become aware of any changes to confirmed bookings as a result. Brexit and its impact is likely to constitute unavoidable and extraordinary circumstances.
 
9) Our liability to you
(1) We accept responsibility for your arrangements as an “organiser” under the Package Travel and Linked Travel Arrangement Regulations 2018 as set out in this clause. As such, we promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature or description which results from any of the following:
(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 not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
(c) unavoidable and extraordinary circumstances (as defined in clause 8)

(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. Please also see clause 20 “Excursions and activities”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 9(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) Except as set out in clause 9(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 9(6). This maximum amount will only be payable where the circumstances of the claim justify this.
 
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of damages / compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 9(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or un-amended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.

(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).

(8) In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, where your holiday includes return travel to the UK and we are unable to ensure your return on the contracted date as a result of unavoidable and extraordinary circumstances (see clause 8), we will arrange, or meet the cost of, (as agreed) any necessary accommodation (which, where reasonably possible, will be of a comparable standard to your contracted accommodation) for a period not exceeding three nights per person. Please note that this 3 night limit 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 in advance of departure.
 
10) Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our local agent / representative (if there is one) and the hotelier, carrier or other supplier in question. Any verbal notification must be put in writing and given to them as soon as possible. If the complaint or problem is not resolved to your satisfaction within a reasonable time, you must contact our UK office with full details by telephone or e-mail as soon as reasonably possible. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a problem or complaint, we cannot assist. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of the end of your holiday giving your booking reference and full details of your complaint.

If you fail to follow this simple procedure, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 9(5), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.

If any complaint or claim cannot be resolved amicably, you may refer the matter to the low cost AITO Independent Dispute Settlement Service, details of which can be supplied on request. This service is not, however, available for claims for more than £2,500 per person or £10,000 per booking, nor for claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. Alternatively, because we are a member of ABTA (membership number W780X), we can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with your contract. The arbitration scheme is arranged by ABTA, administered independently and approved by the Chartered Trading Standards Institute. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com. The ABTA scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details (including the procedure) will be provided on request or can be obtained from the ABTA website. 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 limit of £1,500 on the amount the arbitrator can award per person in respect of this element. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators mediation procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
 
11) Behaviour
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party (including another client) or damage to property, or to cause a delay or diversion to transportation, we are entitled, without prior notice, to immediately terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You may also be required to pay for loss and/or damage caused by your actions – see clause 12 below. We cannot be held responsible for the actions or behaviour of other guests or individuals including those staying at your accommodation or using the same services.
 
12) Damage and loss
When you book with us, you accept responsibility for any damage or loss you cause or are otherwise responsible for (for example, as a result of your failure to take proper care). Without limitation, equipment (such as bicycles) which is hired, lent or otherwise made available for you to use during your holiday is your responsibility at all times. You must look after this equipment with the same high level of care as you would your own possessions. In the event of any loss, damage or theft, depending on the circumstances, you may be asked to make payment for the cost involved (reasonably estimated if not precisely known) directly at the time to the accommodation owner or manager or other supplier. If the actual cost 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 (together with our own and the other party’s full legal costs) as a result of your actions or failure to take proper care. You should ensure your travel insurance includes cover for any such situations and claims.
 
13) 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 or EU regulations (see clause 9(3)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned. Please note, the conditions of suppliers of bicycles and other equipment hired or otherwise made available to you make you responsible for any damage to or loss of that equipment.
 
14) Special requests and medical conditions / disabilities / reduced mobility
If you have any special request in respect of, for example, diet, room location or a particular facility at a hotel, 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 promise that any request will be met unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed onto the supplier or the inclusion of the request on your Booking Confirmation and Invoice or any other documentation is not a guarantee 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 with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
 
If you suffer from any medical condition, disability, significant reduction in mobility or other health or fitness concerns which may affect your holiday or your participation in any activity or have any special requirements as a result (including any which affect the booking process), please give us full details before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability, mobility or health occurs. You must also promptly advise us if any medical condition, disability, reduced mobility or other health issue which may affect your holiday develops after your booking has been confirmed.
 
15) Insolvency protection
The financial security arrangements we have in place depend on what type of holiday you book. Please ask us to confirm what protection applies to your booking.

a) Air inclusive holidays or flights
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 2644). When you buy an ATOL protected flight or flight inclusive package 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. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The Civil Aviation Authority can be contacted at Aviation House, Beehive Ring Road, West Sussex RH6 0YR tel +44 (0)333 103 6350, e-mail [email protected] The price of our flight inclusive arrangements includes an amount (currently £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. For further information please visit the ATOL website at www.atol.org.uk.

b) Non-air inclusive holidays
We are a member of ABTA (ABTA number W780X). If your holiday does not include flights and cannot be provided as a result of our insolvency, ABTA will ensure you receive a refund of monies paid for an advance booking or, if you are already abroad and your contracted arrangements include return travel to the UK, will ensure you are returned to the point where your contracted arrangements with us commenced. You agree to accept that in the event of our insolvency, ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid. Please go to www.abta.com 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. For further information please visit www.abta.com or contact ABTA Ltd, 30 Park Street, London, SE1 9EQ tel 020 7637 2444.
 
Please note, in the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ and ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
 
16) Website / brochure / advertising material accuracy
The information contained in our brochures, 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 and we reserve the right to correct prices and other details in such circumstances. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. Please note that swimming pools are not always available throughout the entire periods of availability detailed on our website and in our brochures and are periodically closed for maintenance and cleaning.
 
17) Delay and denied boarding
If you miss 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 operator concerned immediately.

Under EU law, you have the right in some circumstances to a refund, compensation and/or the provision of refreshments and other welfare arrangements from the airline in case of denied boarding or cancellation or delay to flights under EC Regulation No 261/2004 (“Denied Boarding Regulations”). Full details of these rights will be publicised at EU airports and will also be available from airlines. Where applicable, you must pursue the airline in respect of your rights under the Denied Boarding Regulations. If your airline does not comply with these requirements, you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems/ for further details. We cannot accept liability for any delay which is due to any of the reasons set out in clause 8 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight).
 
18) Flights
In accordance with EU Directive (EC) No 2111/2005, please note the existence of a “Community list” which contains details of air carriers that are subject to an operating ban within the EU. The Community list is available for inspection at https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en

Where we are able to do so, we will advise you of the actual carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.

If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as referred to above as a result of which we / the carrier are unable to offer you a suitable alternative, the provisions of clause 7 “Changes and cancellation by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown on our website, in our brochures and/or detailed on your Booking Confirmation and Invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, technical problems with aircraft and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be provided approximately 2 weeks before departure. You must check this information very carefully immediately on receipt to ensure you have the correct flight times and other up to date travel information. It is possible that this information may change at any time - we will contact you as soon as possible if this happens. Any change in the identity of the carrier, flight timings and or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
 
19) Advance passenger information
For security reasons, the UK government, most EU member states and many other countries now require airlines and other carriers to provide details about their passengers before they travel (known as Advance Passenger Information or API). API may be collected when you check-in (on-line or in person) and is normally restricted to the standard information contained in machine-readable passports, such as full given names, date of birth, nationality, gender, passport number, date of issue and expiry. However, some countries require the information to be submitted further in advance of departure, and some governments collect additional information such as your destination address. Where we have made travel arrangements on your behalf you can provide this information to your carrier prior to departure. Where this is not possible we will collect it from you and submit it to your carrier. Where we collect this data, we will treat it in accordance with our Privacy Statement.
 
20) Excursions and activities 
We may provide you with information (in our brochures, on our website 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 not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 9(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(s) 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.
 
21) Foreign Office advice
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information relevant to your holiday on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before and close to departure. You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Up to date UK border control measures (including in respect of Covid-19 testing and other requirements) are available at www.gov.uk/uk-border-control
 
22) Prompt assistance
If, whilst 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 are in difficulty as a result of your own intentional acts or negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur. We will not be liable for the costs of any alternative travel arrangements or other such assistance you require.
 
23) Insurance
Comprehensive travel insurance is essential. Your booking is accepted on the basis that you purchase a policy which is suitable for your needs. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without appropriate insurance cover, we will not be responsible for the expenses and losses you may incur as a result. Please read your policy details carefully and take them with you on holiday.
 
24) Updates & Changes
These Booking Conditions were published on 04 February 2022. They may be updated from time to time, so please check here for the latest version that applies at the time we issue your Booking Confirmation, or request a printed version.
Last fetch time is : 6/26/2022 6:36:13 PM