SECTION B - PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Itineraries booked with us, where we are acting as the Package Organiser (please see clause 20 for further details of when this will be the case). Please Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Terms and Conditions.read this section in conjunction with Section A of these Booking Conditions.
20. Definition of a Package
Where your booking is for a Package itinerary that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and
A “Package itinerary” exists if you book a combination of two of the following separate travel services: (a) transport; (b) accommodation; (c) rental of cars, motor vehicles or motorcycles (in certain circumstances); (d) any other tourist service not intrinsically part of one of the above travel services; provided that those separate travel services are purchased together at the same time through email correspondence with us and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that:
a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b. where you have made a booking which consists of not more than one type of the travel services listed at (a) - (c) above (eg accommodation), combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs, please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.
21. If You Change or Transfer your Package Holiday
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes may be subject to an amendment fee, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. If you change your booking the amended holiday price is always calculated based on the price for the holiday on the date you booked. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 22.
Transfers of Package 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:
a. that person is introduced by you and satisfies all the conditions applicable to the itinerary;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, amendment fees may apply, as well as any additional fees, charges or other costs arising from the transfer; and d. 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 22 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
22. If You Cancel Your Package Holiday
22.1 If you transferred your holiday from 2020 to 2021, the cancellation charges that would have been relevant on the day you transferred were carried over to your 2021 booking as agreed. For example, if you decided to transfer your holiday 42 days before your 2020 departure date you would be carrying over 50% of your 2020 total holiday cost as a minimum cancellation charge. The cancellation table below will apply as you get closer to your 2021 departure date. If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
|Period before departure date within which written notification is received at our offices||Cancellation Charge as % of total holiday cost*|
|42 days or more prior to departure||Loss of deposit|
|41 - 29 days prior to departure||30% (if greater than deposit)|
|28 - 21 days prior to departure||50%|
|20 - 11 days prior to departure||70%|
|10 days or less days prior to departure||100%|
*Total holiday cost excludes insurance premiums, amendment fees, train and flight costs and any non refundable ferry deposits.
Please note that insurance premiums and amendments charges are not refundable in any circumstances. Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
*Please note that in the event we have to postpone your trip due to Events Beyond our Control, your original departure date shall apply for the purposes of calculating any cancellation charges in accordance with this clause 22. Please see clause 6 for further information.
22.2 Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your destination or its immediate vicinity and significantly affecting the performance of the package 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, Commonwealth & Development Office advises against travel to your destination or its immediate vicinity, and only where you are due to travel to the affected destination imminently. 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. This clause 22 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
23. If We Change or Cancel your Package Holiday
As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/ return date by less than 12 hours, change of accommodation to another of the same or higher standard, or non-availability of a small number of facilities or activities, which do not form a major part of the holiday.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change of accommodation / area for the whole or a significant part of your time away. (b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away. (c) A change of outward departure time or overall length of your arrangements by more than 12 hours. (d) A change of UK departure airport except between: I. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend II. The South Coast airports: Southampton, Bournemouth and Exeter III. The South Western airports: Cardiff and Bristol IV. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield V. The Northern airports: Liverpool, Manchester and Leeds Bradford VI. The North Eastern airports: Newcastle and Teesside VII. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen (e) A significant change to your itinerary, missing out one or more destination entirely.
We will not cancel your travel arrangements less than 60 days before your departure date, except for Events Beyond Our Control 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:
(i) (for significant changes) accepting the changed arrangements; or
(ii) having a refund of all monies paid; or
(iii) accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
(iv) 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; or
(v). a Refund Credit Note* which is financially protected in accordance with clause 24.
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, or the Refund Credit Note, as applicable.
*Please note that where we have to cancel your trip due to Events Beyond our Control, we may offer you a Refund Credit Note. This Refund Credit Note can be used by you to book another holiday with us within a stipulated period of time and shall remain fully financially protected in accordance with clause 24 of these Booking Conditions.
Should you decide not to re-book your holiday with us, you will be entitled to a full refund of the Refund Credit Note.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed in the table below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure in which the package is cancelled||Amount you will receive from us as % of holiday cost*|
|Over 43 days prior to departure||Nil|
|42 - 21 days prior to departure||5%|
|20 - 11 days prior to departure||8%|
|Less than 10 days prior to departure||10%|
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements more than 60 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; or
(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 5).
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.
24. Insolvency Protection
We provide financial protection for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s License number 9139, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone: 0333 103 6350, email: firstname.lastname@example.org. When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information,visit the ATOL website at www.atol.org.uk. There is an administration fee of £10 per person for our flight inclusive arrangement. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA). We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paidby 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, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk
25. Our Responsibility for your Package Holiday
(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 amended from time to time. 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 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 itinerary. 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 or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: (a) the acts and/or omissions of the person affected; or (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or (c) Events Beyond Our Control (as defined in clause 5).
(3) 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) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. (c) Claims in respect of international travel by 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 Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract. ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. 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.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) 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.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; (b) which relate to any business; or (c) which relate to indirect or consequential loss of any kind.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel, park, or any other supplier agrees to provide for you.
(8) 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 itinerary. 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.
26. Prompt Assistance for Package Holidays
If, whilst you are taking part in your itinerary, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
27. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We cannot accept liability for any delay which is due to any of the reasons set out in clause 5 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https:// ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.