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, Trafford House, Chester Road, Manchester M32 0RS. Please read them carefully as they set out our respective rights and obligations. 

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.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires.  “We”, “us” and “our” means 1st Class Holidays Ltd. 

 

1. Making a booking

 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:

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 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)
3. 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
4. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the 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. 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:

1. that person is introduced by you and satisfies all the conditions applicable to the holiday;
2. we are notified not less than 7 days before departure;
3. 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
4. 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%

 

Please 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 have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, 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.

 

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 complaints 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.

We expect all clients to have consideration for other people.  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, we are entitled without prior notice, to terminate the holiday of the person(s) concerned.. In the event of such termination the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibilities 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. Passports, Visas, heath requirements & Foreign Office advice

The passport and visa requirements applicable at the time of printing to British citizens for the holidays we offer can be found at http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain.  If you or any member of your party haven't yet got a passport, our recommendation is that you should apply for one before the final balance payment of your holiday is due.  The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. Please note as of June 2016 if you are over the age of 26 and a UK resident you are now able to renew your passport online, please visit www.gov.uk/apply-renew-passport for more details.

Details of any compulsory health requirements applicable to British citizens for your holiday can be found at http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk/ Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.  For holidays in the EU / EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. . Vaccination and other health requirements and recommendations may change and you must check the up to date position in good time before departure. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.

It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents , including any necessary visas, before departure.  All costs incurred in obtaining such documentation must be paid by you.  We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation.  If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and www.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.

 

10. The price of your holiday

Please note, prices shown are a guide only and subject to change at time of booking.
The prices shown on this website are recalculated and updated frequently using exchange rates as shown in the Financial Times Guide to World Currencies.

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:

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 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
iii.    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;

1. 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;
2. a change of accommodation area for the whole or a significant part of the time you are away,
3. 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:

• The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
• The South Coast airports: Southampton, Bournemouth and Exeter
• The South Western airports: Cardiff and Bristol
• The Midland airports: Birmingham, East Midlands and Doncaster Sheffield
• The Northern airports: Liverpool, Manchester and Leeds Bradford
• The North eastern airports: Newcastle and Teesside
• 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;

1. (for significant changes) accepting the changed arrangements; or
2. Having a refund of all monies paid; or
3. Accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost), or;
4. 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;

1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
2. 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 89 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.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

 

13. Our responsibility to you

 

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to; following the complaints procedure as described in these Booking Conditions and the extent to which 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.

 (2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

 ‑ the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

 ‑ the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unavoidable and extraordinary; or

 ‑ 'force majeure' as defined in clause 12 above

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 17 “Excursions”. 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 regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided.  If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK.   The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker 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 13(1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) As set out in these booking conditions, we limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) 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.

(b) For all other claims which do not fall under (a) above and which don’t involve death, illness or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is up to 3 times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. 

(c)  Claims in respect of international travel by air, sea and rail, or any stay in a hotel: 

(i) 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 for international travel by air the Athens Convention for travel by sea, The Berne/Cotif Convention with respect to all 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 those ‘Conditions of Carriage’ shall be deemed to be included be reference into this contract..

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, 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.

(iii) 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.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self-employed loss of earnings.

(8) 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.

(9) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

 

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, 5th Floor, 11 Westferry Circus, London, E14 4HE, 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 13) contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com 
 

19. Flights

In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU.  The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en.

In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual 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 above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 10 “If we change or cancel your holiday” 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 in our brochure, on our website and/or detailed on your confirmation 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, potential technical problems and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. 

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.

Electronic Devices - The carriage and use of electronic devices (mobile phones, tablets, iPads, laptops, music devices, games machines etc) is dictated by the airline and various civil aviation authorities around the world through whose airspace the flight operates. You should check with your airline before you go to the airport that any electronic device you are intending to take and use will be allowed onboard the aircraft. All electronic devices should always be in your carry-on luggage and never in your checked luggage. We accept no responsibility or liability in the event that you are refused permission to take any electronic device onboard the aircraft

 

20. Prompt Assistance in Resort

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. Delay and denied boarding regulations

You are responsible for ensuring that you are at the correct departure point at the correct time and we cannot be liable for any loss or expense suffered if you are not. 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.

In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the reasons set out in clause 12(2) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time).  In addition, we will not be liable for any delay

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding.  This includes any disappointment, distress, inconvenience or effect on any other arrangements.  The fact a delay may entitle you to cancel 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 have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on  020 7453 6888 or by e-mail to [email protected] or see www.caa.co.uk – Referring Your Complaint to the CAA .

 

22. 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. 

 

23. 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.