Terms and Conditions
These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website,
our Website Terms of Use, together with any other written information we brought to your attention before we
confirm your booking, form the basis of your contract with BLUEBIRD TRAVEL LIMITED, a company registered
in England and Wales with company number: 00975859 and registered office address of 25 Green Street,
London, England, W1K 7AX, also trading as “Health Travel” and “Bluebird Private Office” (“we”, “us”, “our”).
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 Booking Conditions and has the authority to and does agree to be bound by
them;
2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised
on behalf of all persons named on the booking to disclose their personal details to us, including where
applicable special categories of data (such as information on health conditions or disabilities and
dietary requirements);
3. he/she is over 18 years of age and where placing an order for services with age restrictions declares
that he/she and all members of the party are of the appropriate age to purchase those services;
4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on
the booking.
PLEASE NOTE: We act in the following capacities, as a Package Organiser in the sale of a Package,
as a Principal in a ‘single service’ booking (i.e. an accommodation only booking) and as Agent.
Our obligations to you will therefore differ depending upon whether you book a Package where we are acting
as the Package Organiser (please see clause 14 for further details of where this will be the case), as a Principal
in the sale of a single service booking or as a booking agent to help you arrange or book holiday products sold
by a third party tour operator/supplier (“Supplier/Principal”). Our differing obligations are set out below, in
the following separate sections:
(A) Section A contains the conditions that will apply to all bookings you make with us;
(B) Section B contains the conditions that will apply when you make a Package booking with us, where
we are Package Organiser;
(C) Section C contains the conditions that will apply where you make a single service booking with us,
where we are acting as Principal (this section will apply where you have booked a hotel stay only);
(D) Section D contains the conditions which apply to agency bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit (or full payment by the balance due date notified to you
or if you are otherwise booking within 70 days of departure) and we issue you with a booking confirmation
either directly from ourselves or on behalf of the Supplier/Principal, where we are acting in an agency capacity
(please see Section D for further details).
A binding contract between you and the Supplier/Principal (where we are acting as an agent) or between you
and us comes into existence when we despatch the booking confirmation to the first named person on the
booking.
Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong
you must advise us immediately as changes cannot 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.
2. 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 travel arrangements that you wish to book before you make your booking.
3. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both
advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check
the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see clause 14 for further
information.
4. Insurance
Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. 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, neither we nor the Supplier/Principal will not be liable for any losses
howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we
are acting as an agent) will not be liable or pay you compensation if our contractual obligations to you are
affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event
beyond our, the Supplier/Principal or our/their supplier’s control, the consequences of which could not have
been avoided even if all reasonable measures had been taken. Examples include 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 any port or river authorities, industrial dispute, labour strikes, lock
closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with
transport and all similar events our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United
Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes,
access to certain ports and airports etc. 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 or the
Supplier/Principal’s control, any such changes would be treated as Events Beyond Our Control, and whilst we
will endeavour to provide suitable alternative arrangements or refunds where possible, we or the
Supplier/Principal will not be liable to pay you any compensation.
6. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility
at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the
Supplier/Principal, where we are acting as an agent) 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 by us. We do not accept bookings that are conditional upon any special
request being met.
7. Disabilities and Medical Problems
We are not medically qualified and we do not give medical advice or opinions. Any medical services or health
treatments that we arrange for you are based solely on your own decisions, and these treatments may be
modified later by the doctor or practitioner with whom the service is booked.
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 (or the Supplier/Principal where we are acting as agent) with full details
before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel
arrangements. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that
you are fit to participate in your chosen tour.
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.
8. Entry, Visa, Passport and Health Requirements
It is your responsibility to check and fulfil the entry, passport, visa, health and immigration requirements
applicable to your itinerary. If you or any member of your party is 16 or over and haven’t yet got a passport,
our recommendation is that you should apply for one at least 6 weeks before your arrangements. 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 https://uk.usembassy.gov.
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless
you are able to rely upon an existing European Health Insurance Card (EHIC).
For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC cannot be used for medical
treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to
departure, including cover for emergency medical treatment and associated costs.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit
https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on entry,
passport, visa, health and immigration 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 entry, 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 entry passport,
visa, immigration requirements or health formalities.
9. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are
subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier
concerned immediately.
Under UK 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 UK
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 Error! Reference
source not found. 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 at the time of booking. 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. However, it is your responsibility
to monitor your flights in case of changes to schedule.
Please note the existence of a “UK Air Safety list” (available for inspection at
https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-countryoperator-certificates/) detailing air carriers that are subject to an operating ban within the UK.
This website/brochure 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.
10. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt
the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an
agent) or in the opinion of any hotel manager, property owner, or 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, we /
the Supplier/Principal reserve the right to terminate your booking immediately.
In the event of such termination our liability (or the Supplier/Principal’s where we act as agent) to you and/or
your party will cease and you and/or your party will be required to leave your accommodation or other
arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or
your party. No refunds for lost accommodation or any other arrangements 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 the hotel manager or other supplier prior to departure. 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.
Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or
individuals who have no connection with your booking arrangements or with us.
11. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and
Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless
you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under
Scottish or Northern Irish law, as applicable).
12. 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 us or the supplier concerned.
13. Services not arranged by us
Any services that that you may choose to book or pay for whilst you are on the trip are not part of your
contracted arrangements with us. For any treatment, spa service, excursion or other tour that you book, your
contract will be with the operator of that service and not with us. Although we may recommend certain suppliers
to you (e.g. optional extra treatments), we are not responsible for the provision of the service or for anything
that happens during the course of its provision.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages booked with us, where we are acting as the Package Organiser
(please see clause 14 for further details of when this will be the case). Please read this section in
conjunction with Section A of these Booking Conditions.
14. Definition of a Package
Where your booking is for a Package holiday that we have organised, as defined below, we will act as a
“Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel
Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel
services, for the purpose of the same trip or holiday:
(a) transport; or
(b) accommodation; or
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and
(d) any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website and selected by
you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or
sold under the term “package” or a similar term.
IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel
service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will
not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise
represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has
started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights
under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to
such arrangements.
We occasionally sell Packages that are not organised by ourselves but by a third party Supplier/Principal,
which we sell as an agent on the Supplier/Principal’s behalf. We will advise you where this is the case prior to
you placing your booking. For such sales, this Section B will not apply, please refer to Section D instead.
15. Pricing of Packages
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices
of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to
allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not
directly involved in the performance of the holiday, including tourist taxes.
(iii) the exchange rates relevant to the package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with
airlines (and their agents), cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that
you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance
premiums, amendment charges and/or additional services or travel arrangements), you will have the option of
accepting a change to another holiday if we are able to offer one (if this is of 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 7 days from the issue date printed on your final invoice.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to
transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be
paid to you. 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 Package holiday within 20 days of your departure
nor will refunds be paid during this period.
16. Cutting your Package 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.
17. If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform
us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we
will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we
can meet a request, all changes will be subject to payment of any costs and charges incurred by us and/or
incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could
increase the closer to the departure date that changes are made and you should contact us as soon as
possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will
treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 18.
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to
someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, and any additional fees, charges or other costs arising
from the transfer; and
d. the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a
replacement, cancellation charges as set out in clause 18 will apply in order to cover our estimated costs.
Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been
confirmed (for example, scheduled airlines normally regard name changes as a cancellation and
rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the
arrangements.
18. If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing.
Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be
effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still
travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us Cancellation Charge
More than 70 days Deposit only
From 70 to 42 days 35% of holiday cost
From 42 to 31 days 70% of holiday cost
Less than 30 days 100% of holiday cost
In some circumstances we may decide to apply cancellation charges which differ from those above. You will
be informed of these at the quotation stage, and they will be confirmed on your confirmation documents. In the
case of any inconsistency with the cancellation charges above, those written on your confirmation documents
will prevail.
Please note that amendment charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any
alteration or cancellation could incur a cancellation charge of up to 100% of that part of the
arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to
reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in
the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its
immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the
transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the
monies you have paid but we will not be liable to pay you any additional compensation. Please note that your
right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises
against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and
extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the
outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather
conditions which make it impossible to travel safely to the travel destination.
This clause 18 outlines the rights you have if you wish to cancel your Package booking. Please note that there
is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 .
19. 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 a change of accommodation to another of the same or higher
standard and changes of carriers.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of
“significant changes” include the following, when made before departure:
- A 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 significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your Package holiday less than 70 days before your departure date, except
for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your
holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is
not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to
do so before departure, we will offer you the choice of:
i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii if available and where we offer one, accepting an offer of an alternative holiday (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 we do not hear from you within 7 days, we will
contact you again to request notification of your choice. If you fail to respond again, we will assume that you
have chosen to accept the change or alternative booking arrangements.
Compensation
In addition to a full refund of all monies paid by you, we will pay you reasonable compensation, in the following
circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements and cancel
your booking;
(b) If we cancel your booking and no alternative arrangements are available and/or we do not offer one.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements more than 70 days before
departure;
(c) where we make a significant change and you accept those changed arrangements or you accept an
offer of alternative travel arrangements;
(d) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested
by you;
(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see
clause 5).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after
you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where
those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
20. Complaints
We make every effort to ensure that your Package holiday arrangements run smoothly so it important to us
that we are given the opportunity to resolve any issues that you may encounter during your holiday, this means
addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a
problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will
endeavour to put things right. If your complaint is not resolved locally, please contact us using the emergency
contact numbers provided within your travel documents so that the problem can be resolved as quickly.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of
your complaint to us at: help@bluebirdtravel.com ideally 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.
21. Our Responsibilities to You 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 and Linked Travel Arrangements Regulations 2018, as set out
below and as such, we are responsible for the proper provision of all travel services included in your
package, as set out in your confirmation invoice and the information we provided to you regarding the
services prior to booking. Please note that we shall not be responsible for any additional services
provided to you, whether provided by the travel service providers or otherwise, which are not set out
in your confirmation invoice and the information we provided to you regarding the services prior to
booking.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able
to prove that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage,
expense, cost or other claim of any description if it results from:
(a) the acts and/or omissions of the person affected; or
(b) the acts and/or omissions of a third party unconnected with the provision of the services
contracted for and which were unavoidable and extraordinary; or
(c) Events Beyond Our Control (as defined in clause 5).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this
clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the
maximum amount we will have to pay you in respect of these claims is an amount equivalent
to the excess on your insurance policy which applies to this type of loss per person in total
because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the
maximum amount we will have to pay you in respect of these claims is up to three times the
price paid by or on behalf of the person(s) affected in total. This maximum amount will only be
payable where everything has gone wrong and you or your party has not received any benefit
at all from your booking.
(c) Claims in respect of international travel by 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 such as The Paris Convention (with respect to hotel
arrangements). You can ask for a copy of this Convention 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 EC 261/2004
(denied boarding and flight disruption), any liability we may have to you under our
contract with you, arising out of the same facts, is limited to the remedies provided
under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have
received or are entitled to receive from the transport provider or hotelier for the
complaint or claim in question.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those
services and we don’t remedy or resolve your complaint within a reasonable period of time, and this
has affected the enjoyment of your package holiday you may be entitled to an appropriate price
reduction or compensation or both. You must inform us without undue delay of any failure to
perform or improper performance of the travel services included in this package. The level of
any such price reduction or compensation will be calculated taking into consideration all relevant
factors such as but not limited to: following the complaints procedure as described in these Booking
Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall
enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s)
have been negligent if you wish to make a claim against us.
(6) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our
supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years)
must also assign to us or our insurers any rights they may have to pursue any third party and must
provide ourselves and our insurers with all assistance we may reasonably require.
(8) 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:
(c) indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or
where they are not advertised on our website. For example any treatment, spa service, excursion you
book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for
you.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your
package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any
necessary accommodation (where possible, of a comparable standard) for a period not exceeding
three nights per person. Please note that the 3 night cap does not apply to persons with reduced
mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical
assistance, provided we have been notified of these particular needs at least 48 hours before the start
of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean
warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at
the travel destination or natural disasters such as floods, earthquakes or weather conditions which
make it impossible to travel safely back to your departure point.
22. Insolvency Protection for Package Holidays
We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel
Organiser’s Licence number 73624, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex,
RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is
financially protected, where you can get information on what this means for you and who to contact if things
go wrong. For further information, visit the ATOL website at www.atol.org.uk. 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you book arrangements other than a package holiday from us, your monies will not be financially protected.
Please ask us for further details.
23. Prompt Assistance for Packages
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 owing
to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative
travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may
however pay for or provide refreshments and/or appropriate accommodation and you should make a claim
directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs,
fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making
your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the
event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or
your party’s negligence.
SECTION C: SINGLE SERVICE, PRINCIPAL BOOKINGS
This section applies to all Single Service bookings that you make with us (e.g. an accommodation only
booking) when we are acting in a Principal capacity. Please read this section in conjunction with
Section A of these Booking Conditions.
24. If You Change or Cancel your Single Service Booking
Changes:
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform
us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we
will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we
can meet a request, all changes will be subject to payment of any costs and charges incurred by us and/or
incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could
increase the closer to the departure date that changes are made and you should contact us as soon as
possible. 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.
Note: Certain single service arrangements may not be changeable after confirmation and any alteration may
result in a cancellation charge of 100%.
Cancellations:
If you, or any member of your party, decides to cancel your booking after it has been confirmed, the first named
person on the booking must email the travel advisor with whom you made the booking. Your notice of
cancellation will only take effect when it is received in writing by us at our offices and will be effective from the
date on which we receive it. Should one or more member of a party cancel, it may increase the per person
holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us Cancellation Charge
More than 70 days Deposit only
From 70 to 42 days 35% of holiday cost
From 42 to 31 days 70% of holiday cost
Less than 30 days 100% of holiday cost
In some circumstances we may decide to apply cancellation charges which differ from those above. You will
be informed of these at the quotation stage, and they will be confirmed on your confirmation documents. In the
case of any inconsistency with the cancellation charges above, those written on your confirmation documents
will prevail.
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% for that part of the arrangements in
addition to the charges above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
25. If We Change or Cancel Your Single Service Booking
We may in certain 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 Events Beyond Our Control (see clause 5) to change
or cancel your travel service(s) 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.
26. Complaints
Please refer to clause 20 for details of the procedure to follow, in the event that you have any problems during
the performance of your booking.
27. Our Responsibilities for you Single Service Booking
(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.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage,
expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) 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
(c) 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
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen
or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this
clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the
maximum amount we will have to pay you in respect of these claims is an amount equivalent
to the excess on your insurance policy which applies to this type of loss per person in total
because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the
maximum amount we will have to pay you in respect of these claims is twice the price paid by
you in total. This maximum will only be payable where everything has gone wrong and you
have not received any benefit at all from your booking.
(4) 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.
(5) Where any payment is made, the person(s) (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.
(6) Please note, we cannot accept any liability for any damage, loss of 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.
(7) We will not accept responsibility for services or facilities which do not for part of our agreement, or
where they are not advertised in our brochure. For example any treatment you book whilst away, or
any service or facility which your hotel or any other supplier agrees to provide for you.
28. Financial Protection
If you book arrangements other than a Package holiday from us, your monies will not be financially protected.
Please ask us for further details.
SECTION D: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. Please read this section in
conjunction with Section A of these Booking Conditions.
29. Your Contract with the Supplier/Principal
Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal
(e.g. tour operator/airline/cruise company/accommodation provider) of your chosen travel arrangements, as
specified in your confirmation invoice.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided
by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to
read these carefully as they do contain important information about your booking. Please ask us for copies of
these if you do not have them.
30. Payment
If you have paid a deposit, you must pay full balance by the balance due date notified you. If full payment is
not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and
charge the cancellation fees set out in their Terms and Conditions.
Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you
pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the
Supplier/Principal in accordance with our agreement with them.
31. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time
we receive it. Please ensure that you have received written confirmation of any changes to your booking prior
to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests.
Amendments and cancellations can only be accepted in accordance with the terms and conditions of the
Supplier/Principal of your Arrangements.
The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions
(which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date
of departure). We will notify you of the exact charges at the time of amendment or cancellation.
32. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change
to your confirmed travel arrangements or to cancel them. If the supplier offers alternative arrangements or a
refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier
is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal
in relation to any alternative arrangements offered by the supplier but we accept no liability for any changes or
cancellations made to your arrangements by the Supplier/Principal under your contract with them.
33. Our Responsibility for your Booking
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 you have booked. 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 any 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.
34. Complaints
Because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or
concerns about your arrangements should be addressed to them. If you have a problem with your travel
arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow
this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint.
The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If
you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact
details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please
contact us directly.