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Terms & Conditions

 Malta Direct  Booking Terms & Conditions

 These Booking Terms and Conditions, together with our privacy policy and, where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with The Holiday Travel Club Limited trading as Malta Direct Company No: 2500018 (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

 

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

 

  1. he/she has read these terms and conditions and has the authority to and does agree to be bound by them;

 

  1. he/she consents to our use of information in accordance with our Privacy Policy;

 

  1. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

Please Note: We act in the following capacities: as a Package Organiser in the sale of a Package Holiday or as a Principal in the sale of single-element bookings (i.e. accommodation only bookings). Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible:

 

  1.  Section A contains the conditions which will apply to all bookings.

 

  1. Section B contains the conditions which will apply when you make a booking with us where we act as the Package Organiser.

 

  1. Section C contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal.

 

SECTION A – APPLICABLE TO ALL BOOKINGS

 

  1. Booking and Paying for your Arrangements

 

A booking is made with us when you pay us a deposit (or full payment if you are booking within a specified number of days of departure) and we issue you with a booking confirmation. We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation.

 

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 advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). 

 

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 98 days before departure in respect to any sea packages and 56 days prior to scheduled departure in relation to any land packages (or by such other date as is notified to you at the time of booking). If we do not receive this balance 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 either Section B or Section C (depending upon the type of arrangements you have booked) below will become payable. 

 

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 for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to 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 that money to us.

 

All prices quoted are in pounds sterling and must be paid in this currency.

 

  1. Accuracy

 

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

 

We cannot be held responsible for any photographic inaccuracies, and advise customers that a wide number of photographs are of generic images from stock library sources. These have been included for design purposes only.

 

  1. Insurance

 

Adequate travel insurance is a condition of your contract with us. 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 adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

  1. Special Requests  

 

Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

 

  1. Disabilities and Medical Conditions

 

We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements.  We may require you to produce a doctor’s certificate certifying that you are fit to participate in the holiday. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

Where you have booked a Cruise:

 

The safety of all passengers is of paramount importance to both ourselves and the third-party cruise operator, hence all passengers warrant that they are fit to travel by sea (and if applicable by air) and that their conduct or condition will not impair the safety or convenience of the vessel or aircraft and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by International EU or national law.

 

Where you have booked a cruise, in addition to the obligations imposed by this clause 5, you are asked to provide full details at the time of booking if you are unwell, infirm, disabled or ahve reduced mobility. You are asked to provide full details at the time of booking:

 

  1. if you require a special disabled cabin, since there is a limited number of these available and since the third-party cruise operator would like to, wherever possible, accommodate the passenger so that you are comfortable and safe for the duration of the cruise.

 

  1. if you have any special seating requirements.

 

  1. if you need to bring any medical equipment on board.

 

  1. if you need to bring a recognised assistance dog on board the vessel. Please note that assistance dogs are subject to national regulations.

 

Where you have booked a cruise, the third-party cruise operator has the right to require you to produce medical certificates supporting your fitness to travel.  Any passenger with a condition that may affect fitness to travel taking into account the vessel’s itinerary must submit a doctor’s certificate prior to booking.

 

Where the third-party cruise operator considers strictly necessary for the safety and comfort of the passenger and in order for the passenger to fully enjoy the cruise, it may require a disabled person or persons with reduced mobility to be accompanied by another person who is capable of providing the assistance required by the disabled person or person with reduced mobility. This requirement will be based entirely on the cruise company assessing the need of the passenger on grounds of safety and may vary from vessel to vessel and/or itinerary to itinerary. Passengers confined to a wheelchair are asked to kindly furnish their own standard size collapsible wheelchair and must also be accompanied by a travelling passenger fit and able to assist them.

 

If you have any particular conditions, disability or reduced mobility which require personal care or supervision then such personal care or supervision must be organized by you and at your expense. The vessel is unable to provide respite services, one-to-one personal care or supervision or any other form of care for physical or psychiatric or other conditions.

 

Pregnant women are requested to seek medical advice before travelling; at any stage of their pregnancy they must obtain a medical certificate from a doctor confirming their fitness to travel on board the vessel taking into account the specific itinerary.

 

The third-party cruise operator cruise company will not have on board any of the cruise vessels adequate medical facilities for childbirth. The third-party cruise operator may not accept a booking or carry any passenger who will be 24 weeks pregnant or more by the end of the cruise.

 

The third-party cruise operator expressly reserves the right to refuse boarding rights to any passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.

 

If it appears to the Master or the ship’s Doctor that a passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to land at any port or likely to render the third-party cruise operator liable for maintenance, support or repatriation, then the Master shall have the right to refuse to embark the passenger at any port or disembark the passenger at any port or transfer the passenger to another berth or cabin.

 

 

 

  1. Cutting Your Holiday Short

 

If you are forced to return home early, we cannot refund the cost of any travel arrangements 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, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

 

  1. Your Behaviour

 

All of our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to accommodation provider or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

  1. Complaints

 

We make every effort to ensure that your arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on 0030 1346204 or 07718586618. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at Customer Services, First Floor Unit 7, The Office Village Order Way, Cygnet Park, Peterborough. PE7 8GX or by e-mail to cs@maltadirect.com

 within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

 

Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 9 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

 

  1. ABTA

 

We are a Member of ABTA, membership number V5323 We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

 

 

 

  1. Force Majeure

 

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned  control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

 

  1. Excursions

 

Excursions or other tours that you may choose to book or pay for whilst you are taking part in your trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

 

  1. Passport, Visa and Immigration Requirements and Health Formalities

 

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

 

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

 

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk For European holidays you should obtain a completed and issued form EHIC prior to departure. 

 

For European holidays you should obtain a completed and issued form EHIC prior to departure. 

 

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.

 

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

 

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

 

  1. 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 which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

 

 

 

  1. Delays, Missed Transport Arrangements and other Travel Information

 

If you or any member of your party 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 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 10 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

 

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

 

Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.

 

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

 

  1. Travel Documentation and Ticket Conditions

 

Your travel documentation and tickets will be issued and sent to you within 21 days of your departure. For any booking made prior to 21 days before departure we will issue and dispatch documentation and tickets immediately.

 

If you lose, destroy or misplace your travel documents, any request for the documents to be re-issued will incur a charge for their replacement.

 

Where there is a requirement for documents to be posted, these will be sent via first class post. Once documents have been sent via email or first class post we will not be responsible for their loss unless as a result of our fault or negligence.

 

If you lose, destroy or misplace your travel documents, any request for the documents to be re-issued will incur a charge for their replacement.

 

When you travel by air, sea or land, the conditions of carriage of that airline/cruise/coach company apply, some of which limit or exclude liability for certain events. These conditions are the subject of international agreements between countries and will be made available for inspection at our offices; copies will be available on request.

 

We will not be responsible if you arrive late for the specified check in time or for the flight nor can we accept any responsibility for any loss by you for your holiday travel tickets, vouchers or coupons. If you lose your tickets, the airline may levy a charge to reissue them which is beyond our control.

 

If your ticket needs to be amended for any name changes you will be charged in accordance with the charges set out in either Section B or Section C below, depending upon the type of arrangements you have booked.

 

It is imperative and a strict condition of booking that you confirm your inbound flight details not more than 48 hours and not less than 12 hours prior to your previously notified flight time (*72 hours if the reconfirmation period falls over a public holiday). Your travel documentation will confirm where and how this can be done. We do not accept liability in the event that you fail to comply with this condition &, due to flight change, miss your return flight.

 

The times quoted on your documentation are local times.

 

It is important that passengers check-in at least 2-3 hours before the flight departure time.

 

If your outbound journey is not utilised the inbound reservation is automatically cancelled.

 

Once your reservation is made with us we will issue you with a confirmation invoice. The invoice will be issued and sent to the party leader or to the travel agent 48hrs after your reservation has been made. Once a booking reference number has been given to you or to the travel agent, where an email address has been provided to us we will email your confirmation invoice to you.

 

Please ensure you check the invoice, it is imperative that tickets and all other documentation are carefully checked as soon as received. You must contact us immediately if any information appears to be incorrect or incomplete. For quality assurance purposes all calls are recorded for future reference, any additional alterations or further changes to your documents not initially advised at your time of booking will be charged in accordance with section 6 of our terms and conditions.

 

You will receive notification from our administration prior to departure via email (if provided) or by post, giving notification and advise that the online cruise registration documents must be completed and that these must be submitted online and printed and produced at check-in for your cruise holiday. Please note that failure to do so may incur charges or even refusal to board the ship.

 

Any passengers that have confirmed flights with us as part of their holiday must ensure they have submitted any Advance Passport Information (API) online as per the carrier instructions which will be included with your travel documentation. Boarding passes/cards will then be also issued and sent to you if required by relevant airline. Failure to complete the mandatory Advance Passport submission will incur charges at check-in. Enclosed in your travel documentation pack will be a check list which you will need to review to ensure you have received all the relevant paperwork and to ensure that you have completed all online registrations and submissions. Please also note that any in-flight meals booked or airport assistance requested at the time of booking will appear on your confirmation invoice as well as any pre-assigned seating booked. Please ensure you travel with your confirmation invoice in case any supplier requests confirmation or proof of payment.  

 

You are subject to any baggage restrictions applicable for any carriers or cruises during your holiday, including air and land carriers. You are responsible for checking these prior to departure and accept responsibility for any baggage disallowed or any additional charges caused by the restrictions levied by any carrier.  Each cruise liner will have its own requirements which will include clothes and gifts appropriate for the cruise which may be brought on-board by each guest. Each piece of baggage must be distinctly labelled with the guests name, name of ship, cabin number and sailing date, you can obtain your baggage tags once you have completed the online registration via the cruise lines’ website, if you are unable to do this please contact our admin team on 0207 341 5999 and we will obtain the relevant cruise documentation required, print and post to you.

 

You must have received all vaccinations necessary for the holiday in good time prior to commencement of your holiday and you must have vaccination records available for show as and when required, as well as passports visas medical cards for the scheduled ports of call and disembarkation.

 

16.        Your Accommodation

 

The self-catering, hotel or cabin accommodation provided is only for the use of passengers shown on the confirmation invoice as confirmed by us.

 

Sub-letting, sharing or assigning the accommodation is prohibited, as are overnight guests.

 

You are responsible for damage caused to accommodation by you or a member of your party. Please refer to clause 7 for further details.

 

The Company has no control over the behaviour of persons visiting or residing at your hotel/self-catering complex and it cannot accept responsibility for any acts and/or inconvenience caused to you as a result of their behaviour.

 

  1. Infants

 

In accordance with Air Navigation Regulations an infant must be under 2 years of age on the date of their return flight.

 

The cost of a cot (where applicable) must be paid direct to the accommodation.

 

Airlines charge a fee for the carriage of infants. This varies from airline to airline and will be advised to you prior to booking.

 

  1. Advance Passenger Information

 

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

 

  1. Foreign Office Advice

 

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. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 10).

 

  1. Jurisdiction and Applicable Law

 

These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only

 

 

 

SECTION B: PACKAGE HOLIDAY BOOKINGS

 

This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.

 

  1. Definition of Package

 

A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.

 

  1. Pricing

 

The price of your travel arrangements has been calculated using exchange rates quoted in the Financial Times of 20th September 2017 (for prices quoted in our brochure) and on an ongoing basis for prices quoted online in relation to the following currencies: USD, Euro, CAD, MAD, INR.

 

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.

 

The price of your confirmed holidays is subject at all times to variations in:

 

  1. transportation costs, including the cost of fuel; or

 

  1. dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or

 

  1. the exchange rates used to calculate your arrangements.

 

Such variations could include but are not limited to cost changes which are part of our contracts with transport providers and any other suppliers.

 

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any 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 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 14 days from the issue date printed on your final invoice.

 

Should the price of your arrangements go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. 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 arrangements within 30 days of your departure nor will refunds be paid during this period.

 

 

  1. Changes by You to Your Package Holiday

 

If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing to admin@holidaymalta.com 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 will be subject to payment of an administration fee, as listed below, per person per change as well as any applicable rate changes or extra costs incurred as well as 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. 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. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.

 

Transfer of Booking: If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee, as listed below, per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

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.

 

The following amendment fees will apply in respect of any changes requested:

 

  1. If you make any alteration to your holiday after we have confirmed your booking, other than increasing the numbers in your party or adding a service to your booking, an amendment fee of £30 per person will be charged, in addition to any applicable accommodation or airline fees.

 

  1. For changes after you have booked your holiday, other than a name change, you will be liable to pay cancellation charges (please refer to clause 23).  Please note: in the case of cruise lines, any changes requested once booked may incur cancellation charges where such changes cannot be made with payment of a fee.

 

  1. Name changes, if permitted by the relevant suppliers, may be accepted up to 3 weeks before your departure date and a charge of £25 per name change will be levied, in addition to any applicable accommodation or airline fees.

 

  1. Cancellation charges may be applicable where name changes are made within 3 weeks of the departure date, plus any applicable airline charges. This includes changing from your maiden name to your married name or where a ticket is non-refundable.

 

  1. If the holiday price depends on the number of persons booked into an accommodation and you wish to change that number of persons, the price will be calculated on the basis of the new party size. Any increase in price per person as a result of part cancellation is not a cancellation charge. It is a price adjustment resulting from the amendment to the number of persons travelling.

 

Important note: all amendments must be confirmed in writing by email or post by the lead name on the booking or by your travel agent. If email is used as the appropriate method of cancellation, you/the travel agent are advised to keep a copy of the email confirmation as this may be required for proof in the unlikely event of any discrepancies.

 

  1. If You Cancel Your Package Holiday

 

If you or any 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. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:

 

Period before departure within which notice of Cancellation by you is received

Amount of cancellation charge

71 days or more

Deposit only

70 - 53 days or more

30% of holiday cost or deposit if more

52 - 36 days or more

50% of holiday cost or deposit if more

35 - 22 days or more

70% of holiday cost or deposit if more

21 – 15 days or more

90% of holiday cost or deposit if more

14 days or less

100% of holiday cost

 

Please note that amendments charges are not refundable in any circumstances.

 

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.

 

We will deduct the cancellation charge(s) from any monies you have already paid to us.

 

  1. If We Change or Cancel Your Package Holiday

 

As we plan your holiday 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.

 

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent 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 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 our advertising material may be subject to change.


Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:

 

  • A change of accommodation area for the whole or a significant part of your time away.
  • A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
  • A change of outward departure time or overall length of your arrangements of twelve or more hours.
  • A significant change to your itinerary, missing out one or more destination entirely.

 

Cancellation: We will not cancel your travel arrangements less than 70 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 major 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 major changes) accepting the changed arrangements;
  2. having a refund of all monies paid; or
  3. accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).

 

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

 

Compensation

If we cancel or make a major change less than 70 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure within which notice of cancellation or major change is notified to you

Compensation payable per person booking

71 days or more

Nil

70 - 42 days prior to departure

£10

41 - 28 days prior to departure

£20

27 - 14 days prior to departure

£30

Less than 14 days prior to departure

£40

 

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

 

  • where we make a minor change;
  • where we make a major change or cancel your arrangements more than 70 days before departure;
  • where we have 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 cancel or change your arrangements due to Force Majeure (see clause 10).

 

Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

 

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

 

  1. Our Responsibilities in Respect of Package Holidays

 

  1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these 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.

 

  1. 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:

 

  1. the act(s) and/or omission(s) of the person(s) affected; or
  2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
  3. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
  4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

  1. We limit the amount of compensation we may have to pay you if we are found liable under this clause:

 

  1. 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 assumed to have adequate insurance in place to cover any losses of this kind.

 

  1. 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 twice 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.

 

  1. 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 (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

 

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.

 

  1. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

 

  1. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.

 

  1. 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; or (b) relate to any business.

 

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

 

  1. Financial Security

 

We provide financial security for flight inclusive Packages and ATOL protected flights. We do this by way of a bond held in favour of the Civil Aviation Authority under ATOL number 2624

 

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 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.

 

If you book arrangements other than an ATOL protected flight inclusive Package from us, your monies will not be financially protected. Please ask us for further details.

 

  1. Prompt Assistance in Resort

 

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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.

 

SECTION C – SINGLE ELEMENT BOOKINGS

 

This section applies to all single element bookings (i.e. accommodation only bookings). Please read this section in conjunction with Section A of these Booking Conditions.

 

  1. Pricing

 

Price increases may occur any time prior to departure you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.

 

  1. Changes Made by You

 

If you wish to change any part of your booking arrangements 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 will be subject to payment of the fee that is listed below as well as any applicable rate changes or extra costs incurred as well as 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. 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 (see clause 30 below).

 

The following amendment fees will apply in respect of any changes requested:

 

  1.  

 

  1.  

 

  1.  

 

  1.  

 

  1.  

 

Please note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

  1. If You Cancel Your Booking

 

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. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:

 

Period before departure within which notice of Cancellation by you is received

Amount of cancellation charge

71 days or more

Deposit only

70 - 53 days or more

30% of cost of booking or deposit if more

52 - 36 days or more

50% of cost of booking or deposit if more

35 - 22 days or more

70% of cost of booking or deposit if more

21 – 15 days or more

90% of cost of booking or deposit if more

14 days or less

100% of booking cost

 

We will deduct the cancellation charge(s) from any monies you have already paid to us.

 

Please note: Certain arrangements, once confirmed, may incur a cancellation charge of up to 100% of that part of the arrangements, when cancelled.

 

 

 

 

 

  1. If We Change or Cancel Your Booking

 

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

 

Very rarely, we may be forced by "force majeure" to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

 

 

 

  1. Our Responsibilities 

 

  1. Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

 

  1. 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:

 

  1. the act(s) and/or omission(s) of the person(s) affected; or

 

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

 

  1. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

 

  1. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

  1. We limit the amount of compensation we may have to pay you if we are found liable under this clause:

 

  1. 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 £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

 

  1. 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 twice the price paid by you 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 booking.

 

  1. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

 

  1. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.

 

  1. 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; or (b) relate to any business.

 

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