Terms & Conditions
MyCruise UK
These Booking Conditions, together with our privacy policy, any other written information we brought to your attention before we confirmed your booking and where your holiday is booked via our website, our website terms and conditions of use, apply to your booking with MyCruise UK, registered contact number 0238 168 1605 with our registered office address at MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom (“we”, “us” and “our”).
Please read these Booking Conditions carefully prior to making any bookings. References to “you” and “your” in these Booking Conditions means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
By making a booking, you agree on behalf of all persons detailed on the booking that he/she:
- has read these Booking Conditions and has the authority to and does agree to be bound by them;
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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 or medical conditions and disabilities);
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is over 18 years of age;
- accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
All communications concerning customer services, or your booking should be sent to Customer Services Team, MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom or via email to: [email protected]
SECTION A - APPLICABLE TO ALL BOOKINGS
When making your booking, we will arrange for you to enter into a contract with each of the third-party supplier(s) of your travel arrangements (such as tour operator, airline, cruise operator, accommodation provider, car hire provider and transfer provider) as specified on your booking confirmation. Your contract comes into existence once we issue the booking confirmation.
Your booking with us is subject to these Booking Conditions as well as those of the third-party suppliers who have their own terms and conditions which govern the services they provide, and you’ll be bound by these. In the event of any conflict between a supplier’s terms and conditions and these booking conditions, the supplier’s term or condition that conflicts with ours will take precedence, unless it is deemed under English law to be invalid or unenforceable, in which case the relevant term or condition in our Booking Conditions will prevail. Some of our suppliers’ conditions may limit or exclude their liability to you and, because they’ll apply to your contract with us, may also limit or exclude our liability to you. Suppliers’ terms and conditions are often subject to international conventions too, which limit their (and our) liability. Copies of the relevant supplier’s terms and conditions and any applicable international conventions are available on request.
As an agent, we accept no responsibility for the acts or omissions of the suppliers or for the travel services provided by them unless we are the organiser of your package holiday under the Package Travel Regulations, in which case we will accept responsibility for those travel services in accordance with Section B of these Booking Conditions.
Where we combine and sell to you two or more of the travel services specified below for the purpose of the same trip or holiday, this will comprise a “Package” and we will take responsibility for the package as an “organiser” under the Package Travel Regulations as long as those travel services are: purchased together from a single visit to our website and selected by you before you agree to pay; or advertised, sold or charged by us at an inclusive or total price; or advertised or sold under the term “package” or a similar term. A summary of our responsibilities as organiser is outlined in Section B of these Booking Conditions.
Note: Where we are the organiser under the Package Travel Regulations, we will still act as agent in relation to the travel services and you will have contracts with each of the suppliers of those travel services.
The travel services, two or more of which can constitute a Package, are:
- transport (e.g. flight);
- accommodation;
- rental of cars or other motor vehicles;
- any other tourist service not intrinsically part of one of the travel services in a. b. and c.
Other tourist services: Please note that where you have made a booking which consists of either accommodation, transport or car rental, plus one or more “other tourist services” as described at (D) above, according to the Package Travel Regulations this will only create a Package where the tourist services account for 25% or more of the value of the combined services or are advertised as, or otherwise represent, an essential feature of the Package.
Additional tourist services selected and purchased after the transport, accommodation or car rental service has started or where the tourist services are intrinsically part of the other components will not make a Package. These bookings will be treated as single component bookings and will not provide rights under the Package Travel Regulations.
Third party packages: If we sell two or more travel services that have already been combined as a Package by a third-party tour operator or principal, the tour operator or principal will be the organiser and liable for your Package under the Package Travel Regulations.
Your booking confirmation will specify whether a Package has been purchased and will identify the party who is responsible for your Package. See Section B for our liabilities and responsibilities when selling a Package as organiser.
Bookings may be made online on our website mycruise.co.uk or call on 023 8168 1605 with travel agents at our agency premises. All bookings are subject to availability at the time of booking. We do not guarantee that any of the travel services that we advertise, including on our website, will still be available at the time of booking and once you have made a booking request, we will confirm the availability of your chosen travel services to you.
Where you book online, the order summary email sent to you is NOT contractual acceptance of the supplier’s ability to provide these travel services, it is an acknowledgement that we have received your offer, and should the travel services be available as detailed on our website then we will issue to you a booking confirmation which is when your contract with us comes into existence and you have entered into a legally binding agreement to purchase those travel arrangements subject to the supplier’s terms and conditions and these Booking Conditions.
It is your responsibility to ensure that all names listed in the booking confirmation are accurate as per the passports of the travellers in your party and that the travel itinerary accords with your requirements. Changes are rarely possible once tickets and other travel documents are issued, and alterations may incur additional charges. See Clause 6 regarding amendment fees and cancellation charges.
On receipt of all travel documents please check whether the details such as names, dates and timings are accurate and advise us immediately if there are any errors or omissions. Also, please note that all flight tickets supplied are non-refundable, non-changeable and non-transferable unless otherwise stated.
Scheduled Airline Failure Insurance: Scheduled Airline Failure Insurance (or SAFI) can be purchased at your option at an additional cost to protect your payments in the event of airline failure. Please ask to see the terms of the SAFI policy for precise details of what is covered.
Availability: Seat availability and pricing are at the airline’s discretion. Flight times shown are provisional and may be subject to change, as per the airline’s booking conditions. Most airlines stipulate that bookings are non-refundable once made.
Fares: Airfares can increase quickly after initial quotation and so please make payment within 1 hour of your quote having been confirmed in order to guarantee the fare offered. If your fare has changed by the time you make payment, you will have a right to cancel and claim a full refund if you do not want to proceed with the booking.
Indirect flights: Please note that some flights may be indirect and fly via other airports. Where an indirect flight is offered, full details of any flight stopovers will be made clear to you at the time of booking.
Baggage allowance: The free baggage allowance offered to the passenger differs significantly from airline and airline and depending on the route. Our prices include the standard baggage allowance allowed by the airline. The allowance you are entitled to will be shown in the booking conditions of your airline. Some airlines may allow additional luggage to be added after the booking – this depends on the terms and conditions of the individual airline to which you should refer.
Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline that does make a charge for hold luggage, it is not included or displayed in our headline prices and the option to add this extra facility will be offered to you at the time of booking. Should you choose not to take any hold luggage on your trip then you will receive the standard hand luggage allowance as detailed in the airlines booking conditions which is normally between 5 and 10kgs but please check your booking confirmation which will specify the hand luggage allowance. Bags must be no larger than the dimensions allowed by the airline in question for carry-on luggage. For further information please refer to the airline booking conditions.
Please note many countries including the UK have restrictions on importing food, plant and animal products. You should ensure that you do not carry any restricted items.
Check-in: Check-in procedures are included in the booking confirmation email we send to you. Some airlines will require this check-in to be carried out online; where this is required, failure to check-in online will result in check-in fees at the airport which you will be liable to pay for. It is your sole responsibility to follow the airline’s check-in procedures and to check-in in good time for your flight. Tickets cannot be refunded or changed because of a no show or late check-in at the airport. To allow adequate time for security and check-in procedures, we recommend that you arrive at the airport 3 hours before your departure time. Check-in counters generally close 60 minutes prior to departure, however we recommend you check with your chosen airline for their specific processes.
Amendment and cancellation: Most flight bookings are non-refundable by the airline and any amendment or cancellation will incur charges. See the individual airline’s booking conditions for further details and Clause 6 below. As we are your booking agent, please contact us in the event of any amendment or cancellation – see Clause 6 below.
The price of your holiday includes all taxes and additional fees, charges and costs that are known at the time of your booking. Where such additional taxes, fees charges and costs cannot be calculated prior to you making a booking you will be given an indication of the type of additional costs that you may still have to bear. Where hotel suppliers charge local resort fees or taxes, these costs are not included within your booking price.
In order to book your chosen travel arrangements, you will be required to pay a non-refundable deposit or the full balance at the time of booking depending on when you make your booking relative to the travel departure date. You must also pay any applicable insurance premiums and booking fees.
If only a part payment is made, the balance must be paid on or before the due date that we stipulate in your booking confirmation. Failing to do so may result in cancellation of the booking by the principal(s) or supplier(s) and may incur cancellation fees set out in their terms and conditions.
CHANGES TO THE PRICE
We can change your holiday price after you’ve booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. 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. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Cancellations: You may cancel your booking at any time. Cancellation requests must be sent to us in writing to Customer Services by post to MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom, or by email to [email protected], by the lead name on your booking and it will not take effect until received by us. Upon receipt of your cancellation request, the principal(s) or supplier(s) may be entitled to charge a cancellation fee as specified in their terms and conditions. Cancellation fees may be as much as 100% of the total price of the travel service depending on when cancellation occurs. Flights are usually non-refundable any time after the date of booking. In addition, as we incur administration costs in processing your cancellation request, we charge an administration fee per passenger as set out in Clause 21.
Amendments: If you want to amend any aspect of your booking you must notify us in writing by post at MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom, or by email to [email protected]. We cannot guarantee that an amendment can be made after your booking is confirmed and this will depend on the terms and conditions of the supplier(s) of the travel service(s). Other than in respect of a request to increase the number of persons in your party/booking, you would need to pay an amendment fee per passenger as set out in Clause 21, together with the airline/supplier amendment charges (if any).
If you have taken out travel insurance (see Clause 7 below), you may be able to claim any cancellation and amendment charges under your policy.
We strongly recommend that you take out sufficient travel insurance in order to cover you and your party and many of the principals or suppliers of the travel services that we sell require you to do so as a condition of booking with them. In addition, certain destinations have made it compulsory to take out travel Insurance. We recommend that your insurance policy covers you, as a minimum, against the cost of cancellation by you; the cost of medical assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pandemic situations; and other expenses.
Non-flight package: Where we act as agent for a package organised by a third party, we will advise you of the financial protection arranged by the organiser in the case of the organiser’s insolvency. We are only responsible for arranging financial protection for your package where we are organiser (see Section B Clause 5).
All travel documents will be sent to you by email within 48-72 hours following full payment of your booking, except in the case of a very late booking, in which case documents can be sent within 24 hours. Once documents are posted to you, no liability will be accepted by us unless the loss of documents is caused due to our negligence. In such instances, if the tickets or other documents need to be reissued, all the costs should be borne by you. Documents can only be reissued up to 7 days before departure. You may request for delivery by other means, if necessary, e.g. post or courier provided that this is at your cost.
It is your responsibility to inform us of any medical conditions and reduced mobility before you book so that we can ensure suitability of your trip for your particular needs.
Although we can provide general information about the passport, visa (including approximate time to obtain) and health formalities in your destination countries, it is your responsibility to check, fulfil and confirm your own specific circumstances with the relevant Embassies and/or Consulates and your doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure.
Please take special note that for all air travel within the British Isles, airlines require photographic identification either a passport or driving licence.
Passports: Most countries now require passports to be valid for at least 6 months after your return date.
Visas: In some countries, a transit visa is required for passing through the country with connecting flights. We will advise you if a transit visa is required for your travel. Please also check the UK government foreign travel website for the most up to date information on visa entry requirements at www.gov.uk.
An ESTA visa is a necessary requirement for all USA bound travel as well as transiting the USA; an ETA visa is a necessary requirement for all Australia bound travel as well as transiting Australia. Please check if your flight has an alteration involving two separate airports with the path, it is your duty to arrange the transfer to the correct airport and to arrange a transit visa if applicable.
Special conditions apply for travel to the USA and all passengers must have individual machine-readable passports. Please check www.uk.usembassy.gov.
For European holidays you should obtain a completed and issued form EHIC prior to departure.
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.
Security: Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.gov.uk Clause 17.
Children: Additional documentation is usually required by airlines in relation to children travelling without their parents or unaccompanied, so this must be notified to us in advance. We will not be responsible for any refusal to embark or delay due to any failure to obtain the requisite documentation.
Pregnancy: Most airlines reserve a right to refuse embarkation to a woman who is in advanced pregnancy. Accordingly, please tell us at the time of making your booking if you or someone in your party is pregnant (or becomes pregnant before departure) so that we can check the policy of the relevant airline and advise you accordingly. A medical certificate from a doctor confirming fitness to travel may be required. We do not accept responsibility for anyone who is refused travel due to pregnancy if we have not been notified of the pregnancy or if the advice we have given has not been followed.
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 such requirements or formalities.
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport – see Clause 4 (Check-in). It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for your airline contact details so that you can check directly with the airline any changes to the scheduled itinerary and reconfirm your flight at least 72 hours before your outbound flight. You should take note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
In our capacity of agent, we will assist you with any complaints and you may contact our Customer Services at [email protected] or write to us at our office, MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom. However, as the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them in the first instance. If you have a problem with your travel arrangements whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure, there will be less opportunity for the principal/supplier to investigate and rectify your complaint. As a result, the amount of compensation you may be entitled to may be reduced or you may not receive any at all.
If you wish to complain when you return home, please write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will, of course, assist you with this if you wish - please contact Customer Services at [email protected] or write to us at our office, MyCruise UK - Mountbatten House, 1 Grosvenor Square, Southampton, SO15 2JU, United Kingdom.
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Note: Where we are the organiser of a Package under the Package Travel Regulations, we will accept responsibility for that package’s organiser and the additional terms and conditions in Section B will apply.
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 unavoidable and extraordinary circumstances beyond our (or a supplier’s) control the consequences of which could not have been avoided even if all reasonable measures had been taken (“Unavoidable and Extraordinary Circumstances”). For the purposes of these Booking Conditions, unavoidable and extraordinary circumstances include, but are not limited to, warfare and acts of terrorism (and threat thereof), 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, air traffic control strikes, flight cancellations and all similar events outside our or the supplier(s) control.
Brexit Implications: please note that certain travel services may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include 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 unavoidable and extraordinary circumstances in the terms set out above, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
All ratings are as provided by the relevant supplier or are our own average ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the accommodation and include this within the description of the accommodation on our website.
All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier in question are intended to present a general idea of the services provided by the supplier. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any travel arrangements or any other services please contact us.
You are responsible for making yourself aware of Foreign Office advice with regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly (see www.gov.uk). Advice from the Foreign Office to avoid or leave a particular country may constitute an Unavoidable and Extraordinary Circumstance under Clause 14 above.
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the supplier/principal’s 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the supplier reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the supplier/principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because 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.
As part of your booking information, we will need you to provide us with personal information such as name, email address, telephone number, passport number and other identifying information. We may also need to collect special category information that you provide such as health and medical information, details of any disabilities, or religion.
We will process your personal information, including special category information, for the purpose of making your booking and also pass this to the relevant suppliers of your travel arrangements or other particular persons who are a part of the provision of your travel services, as necessary to arrange your travel. Further, if required by any authorities, or as required by law, the information may be provided to public authorities such as customs or immigration. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, we will need to send this information to the US Customs and Border Protection for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, we will pass your data to suppliers outside of the EEA in compliance with the requirements of the General Data Protection Regulation as regards such transfers.
In making this booking, you understand that the personal information that you provide in your booking form may be shared with suppliers and any person required to facilitate your travel arrangements.
Please see our Privacy Policy for full details of how we use personal data.
SECTION B - PACKAGE HOLIDAY TERMS AND CONDITIONS
This section ONLY applies where we are organiser of your package under the Package Travel Regulations (see Clause 2) and should be read in conjunction with Section A of these Booking Conditions.
We usually collect your personal data from the information you submit during your relationship with us. The above data may be collected from the following sources:
subject to the specific cruise line’s terms and conditions
we are notified not less than 7 days before departure;
you pay any outstanding balance payment, an administration fee of £30 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
the transferee agrees to these Booking Conditions, the supplier/principal’s terms and conditions and all other requirements applicable to the travel arrangements making up the Package.
You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement traveller, cancellation charges may apply as indicated in clause 6 of Section A. Otherwise, no refunds will be given for passengers not travelling or for unused services.
If we have organised a Package for you, you have the right to cancel your Package before departure without paying a cancellation charge in the event of Unavoidable and Extraordinary Circumstances (as defined in Clause 14 of Section A) occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport 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 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.
If the supplier makes an insignificant change to your travel arrangements, 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 insignificant changes include alteration of your outward/return flights by less than 24 hours, changes to aircraft type, cruise itinerary changes, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the hotel. Please note that carriers such as airlines may be subject to change.
Occasionally the supplier/principal may have to make a significant change to your confirmed travel arrangements. Examples of “significant 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 travel arrangements by more than 12 hours.
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 Midlands 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.
If the supplier/principal has to make a significant change or cancel your travel arrangements, 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:
- accepting the changed travel arrangements; or
- having a refund of all monies paid; or
- accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or
- if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original travel arrangements and the alternative travel arrangements.
You must notify us of your choice as soon as possible and within the period of time that we give you for acceptance. If we do not hear from you within that time period, we will contact you again to request notification of your choice. If you fail to respond again, we may treat the booking as terminated and refund your payments.
A note on cruise itinerary changes: Ships itinerary are often designed a long time in advance. It does mean that the ports of call are subject to change. Cruise lines will do their utmost to stick to a planned itinerary though sometimes changes are unavoidable. More often than not, changes are considered to be ‘minor’. We will deem a change to be ‘significant’ when it is the case that the cruise line announce the change to be ‘significant’ and therefore all passengers receive the same rights of cancellation whether they booked via us or the cruise line directly. We are able to provide more information on your chosen cruise line’s policy in respect to itinerary changes upon your request.
Liability as organiser: Where you have booked a package where we are acting as organiser under the Package Travel Regulations, although we still act as agent for the supplier/principals of your chosen travel arrangements and your contracts will be with the supplier/principals, we will accept responsibility for the travel arrangements making up your package as an “organiser” under the Package Travel Regulations as set out below. As such, we are responsible to properly provide all of the travel services included in your Package, as set out in your booking confirmation. Subject to these Booking Conditions, if we (or the supplier/principals) have failed to perform or has improperly performed those travel arrangements 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. The level of such compensation will be calculated taking into consideration all relevant factors such as (but not limited to): you having followed the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the supplier/principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Supplier/Principals have failed to perform or improperly performed your Package if you wish to make a claim against us.
We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if (and to the extent that) it results from:
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an act(s) and/or omission(s) of the person(s) affected; or
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an act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package and which were unavoidable and extraordinary; or
- due to Unavoidable and Extraordinary circumstances (as defined in Clause 14.)
We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if (and to the extent that) it results from:
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Claims 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.
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Claims in respect of international travel by air, sea and rail, or any stay in a hotel
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The extent of our liability will in all cases be limited as if we were carriers under the applicable international 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 accommodation). You can ask for copies of these Conventions from our offices.
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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 Package booking 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 Package booking.
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Under passenger rights law, you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at relevant airports and are available from airlines. If you are unhappy with your airline’s response you may complain to the Civil Aviation Authority (Telephone 020 7453 6888 or visit Passengers | Civil Aviation Authority) or the airline’s approved Alternative Dispute Resolution body (visit Passengers | Civil Aviation Authority for details). Please note that reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline, or any other service provider will be deducted.
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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.
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It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaint's procedure set out in these conditions.
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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.
Please note, we do not 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; or (b) which relates to any business.
We do not accept responsibility for services or facilities which were not included in your booking confirmation or where they are not advertised in our brochure / on our website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Where it is impossible for you to return safely to your departure point as per the agreed return date of your Package, due to Unavoidable and Extraordinary Circumstances (see Clause 14 for definition), 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 Package.
If you book travel arrangements that don’t form part of a Package e.g. you book and pay for single travel services (even if you add other services later) your monies may not be financially protected. Please ask us for further details.
If you have booked a Package and 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 with distance communications and finding alternative travel arrangements. Where you require assistance that is not due 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/principal, 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.