These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Buildmyskitrip.com Limited of The Byre, Walden Road, Thaxted , CM6 2RQ company no. 8581699 (“we” or “us”). Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf
of all persons detailed on the booking that:-
a. He/she has read these terms and conditions and has the authority to and
does agree to be bound by them;
b. He/she consents to our use of information in accordance with our Privacy
Policy;
c. He/she is over 18 years of age and resident in the United Kingdom and
where placing an order for services with age restrictions declares that
he/she and all members of the party are of the appropriate age to purchase
those services.
d. He/she confirms that they have added us to their approved email
recipient list in order to ensure all correspondence sent by the company is
received.
1 Booking and Paying For Your Arrangements
A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; and b) you pay us a deposit. If you are booking within 60 days of departure, full payment is due at the time of booking); and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. If your confirmed arrangements include a flight, we will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 8 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable.
2 Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
3 Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including but not limited to; delayed or cancelled flights and transfers (including missed connections), cancellation charges, medical expenses, pre-existing medical conditions and repatriation in the event of force Majeure, accident or illness as well as any activities you’ll be undertaking whilst abroad such as winter sports. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4 Pricing
The price of your travel arrangements has been calculated using exchange rates in relation to the following currencies: Euros.
We reserve the right to amend the price of unsold holidays at any time and
correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations
in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or
embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements;
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. We will absorb and you
will not be charged for any increase equivalent to 1% of the price of your
travel arrangements, which excludes insurance premiums and any amendment
charges and/or additional services or travel arrangements. You will be
charged for the amount over and above that, plus an administration charge
of £1.00 per person together with an amount to cover agents’ commission. If
this means that you have to pay an increase of more than 10% of the price
of your confirmed travel arrangements (excluding any insurance premiums,
amendment charges and/or additional services or travel arrangements), you
will have the option of accepting a change to another holiday if we are
able to offer one (if this is of equivalent or higher quality you will not
have to pay more but if it is of lower quality you will be refunded the
difference in price), or cancelling and receiving a full refund of all
monies paid to us, except for any insurance premiums and any amendment
charges and/or additional services or travel arrangements. Should you
decide to cancel for this reason, you must exercise your right to do so
within 14 days of us notifying you of the change. There will be no change
made to the price of your confirmed holiday within 30 days of your
departure nor will refunds be paid during this period.
5 Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
6 Changes by You
If you wish to change any part of your booking arrangements after our
confirmation invoice has been issued, you must inform us in writing as soon
as possible. This should be done by the first named person on the booking.
Whilst we will do our best to assist, we cannot guarantee that we will be
able to meet your requested change. Where we can meet a request, all
certain changes will be subject to payment of an administration fee of £25
per person per change as well as any applicable rate changes or extra costs
incurred as well as any costs incurred by ourselves and any costs or
charges incurred or imposed by any of our suppliers. You should be aware
that these costs could increase the closer to the departure date that
changes are made and you should contact us as soon as possible. Where we
are unable to assist you and you do not wish to proceed with the original
booking we will treat this as a cancellation by you. A cancellation fee may
be payable. If you are prevented from travelling it may be possible to
transfer your booking to another suitable person provided that written
notice is given. An administration fee will be charged, details available
upon request.
Note: Certain arrangements may not be amended after they have been
confirmed and any alteration could incur a cancellation charge of up to
100% of that part of the arrangements.
7 If you Cancel
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. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
Period before departure within which notice of cancellation is received by
us in writing % of total booking price*
More than 87 days loss of deposit and pre-payment (where applicable)
66-86 days — 30%
45-65 days — 50%
30-44 days — 70%
15-29 days — 90%
14 days or less — 100%
*In some cases the deposit may be a higher amount to secure your
arrangements, this will be non-refundable and the charges will be added to
the cancellation charges above
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 charges above.
In the event that you are required to cancel your booking with us for reasons of illness (including but not limited to, contracting Covid-19 and / or the requirement to self-isolate),injury or family bereavement, your refund amount will be calculated in accordance with the stated refund percentages above (and subject to the paragraphs below regarding group bookings). Sufficient proof for the reason to cancel must be provided (doctors certificate of illness, death certificate, etc.).
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Please note that the cancellation amounts listed above only apply to entire cancelled bookings. For individuals dropping out of a group booking where the rest of the group are still able to continue the booking without that individual(s), the cancellation terms will be subject to the paragraphs below.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £25 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.
If you are unable to find a replacement, the remaining members of the group will be required to cover all remaining and / or additional costs resulting from the individual(s) cancelling. This amount will be calculated by the company and will cover all costs of the booking that cannot be cancelled.
8 If We Change or Cancel
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements without penalty. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it or if you fail to make payment of the final balance on time.
Most alterations will be minor and while we will do our best to notify you
of any changes as soon as reasonably possible if there is time before your
departure, we will have no other liability to you. Examples of “minor
changes” include the following when made before departure:
– Any change in the advertised identity of the carrier(s), flight timings,
and/or aircraft type.
– A change of outward departure time or overall length of your holiday of
twelve hours or less.
– A change of accommodation to another of the same standard or
classification (in the event of a closure to your resort due to
insufficient snow or any other reason, this may extend to a change of
resort with accommodation of the same standard or classification).
– Changes (including a reduced or cancelled service) for catering, meal
inclusions and / or staffing of catered chalets in the event of illness or
any other event that prohibits us from carrying out the catering service.
In such an event, we will where possible refund any food or catering not
used. Refunds will be limited to only the catering portion of the overall
holiday package and do not constitute a right to cancel any other elements
of the holiday package.
Occasionally we may have to make a major change to your confirmed
arrangements. ”Examples of “major changes” include the following, when made
before departure;
– A change of accommodation to that of a lower standard or classification
for the whole or a significant part of your time away.
– A change of outward departure time or overall length of your arrangements
of twelve or more hours (except in some circumstances as detailed in
section 20).
– A change of UK departure airport more than 50 miles away, as long as that
change is not from one London airport to another London airport. London
airports are Heathrow, Gatwick, Southend, Stansted, Luton and London City.
If we have to make a major change or cancel, we will tell you as soon as
possible and if there is time to do so before departure, we will offer you
the choice of:
i (for major changes) accepting the changed arrangements,
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable
standard from us, if available (we will refund any price difference if the
alternative is of a lower value).
You must notify us of your choice within 3 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be
available if we make a minor change or cancel as a result of your failure
to make full payment on time or where the change(s) or cancellation by us
arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by “force majeure” (see clause 9) (including
any Covid-19 related incident or closure) to change or terminate your
arrangements after departure. If this situation does occur, we regret we
will be unable to make any refunds, pay you compensation or meet any costs
or expenses you incur as a result.
9 Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable to refund, pay you compensation or pay for any costs or expenses you incur if our contractual obligations to you are affected by any event out of our control. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, disease / illness (including Covid-19), adverse weather, sea, ice and river conditions and all similar events outside ours or the supplier(s) concerned control. Advice from the Foreign Office to avoid or leave a particular country will also constitute Force Majeure.
10 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 to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
11 Disabilities and Medical Problems
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 stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the 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.
In the event of catching any illness that has the potential to spread, cause harm or endanger others, it is your responsibility to notify us immediately and to ensure that you take all necessary precautions in order to prevent the spread or harm to any other persons. It is the customer's responsibility to notify us before departure of any symptoms or instruction by the track and trace system (or similar) to self-isolate. If this results in a requirement to cancel your booking with us, the cancellation terms detailed in section 7 will apply.
Whilst we will take all reasonable precautions to ensure the safety and health of our customers, we will not be responsible for any injury or illness (including sickness) contracted by a customer whilst on one of our holidays. Customers must have sufficient insurance in place to cover any such occurrence.
The customer agrees to follow any procedures or health and safety requirements requested of them whilst on one of our holidays in order to ensure their own safety and that of others. This may include, but is not limited to, the use of face coverings or masks (provided by the customer), continual cleaning of hands and to maintain social distancing wherever required. Refusal to follow such requirements will constitute a breach of this agreement.
The customer acknowledges that not all accommodation may have sufficient space and / or adequate layout to facilitate social distancing, nor the ability to protect against the spread of infection. Some procedures or safety requirements may change or come into effect at any point and the customer agrees to follow all procedures to the best of their ability. It is the responsibility of the customer to follow all health-related procedures and the company will not be liable or responsible for any individuals that do not follow these procedures. If a customer is unsure of certain requirements or procedures, it is their responsibility to request in writing this information from the local authority or the company.
12 Complaints
We make every effort to ensure that your holiday arrangements run smoothly but 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 info@buildmyskitrip.com. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 14 days of the end of your stay, giving your booking reference and all other relevant information. 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.
13 Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly
and acceptable manner and not to disrupt the enjoyment of other guests. If
in our opinion or in the opinion of any hotel manager 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 of our other
guests or any third party or damage to property, or to cause a delay or
diversion to transportation, we reserve the right to terminate your booking
arrangements with us immediately. In the event of such termination our
liability to you and/or your party will cease and you and/or your party
will be required to leave your accommodation or other service immediately.
We will have no further obligations to you and/or your party. No refunds
for lost accommodation or any other service will be made and we will not
pay any expenses or costs incurred as a result of termination. You and/or
your party may also be required to pay for loss and/or damage caused by
your actions and we will hold you and each member of your party jointly and
individually liable for any damage or losses caused by you or any member of
your party. Full payment for any such damage or losses must be paid
directly to the accommodation manager or other supplier prior to departure
from the accommodation. If you fail to make payment, you will be
responsible for meeting any claims (including legal costs) subsequently
made against us as a result of your actions together with all costs we
incur in pursuing any claim against you. We cannot be held responsible for
the actions or behaviour of other guests or individuals who have no
connection with your booking arrangements or with us.
Please note that where you purchase your holiday using a credit or debit card, we reserve the right to retain these details on our system and we reserve the right to deduct any sums claimed by suppliers as a result of any damage caused by you or your party. By making a booking with us you explicitly agree to us deducting any sums claimed by the supplier as a result of your behaviour, including damage caused to property and equipment and failure to pay for services rendered.
14 Our Responsibilities:
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(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;
(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.
(e) An act or omission by one of our suppliers that was out of our control and that even with all due care, we could not 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 eqivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(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 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, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(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) 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.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) 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 excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
15 Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
16 Deposits
Certain accommodation suppliers may require a security deposit from you at check-in. This may be in the form of credit or debit card details or a block on your card for the required amount. This covers the cost of any damage, loss or additional cleaning that is caused by you or your party as well as to cover the cost of any products or services purchased in the accommodation. Please note that if deposits are required this is a matter entirely between you and the supplier and we cannot accept responsibility or liability for this.
17 Financial security
The Package Travel, Package Holidays and Package Tours Regulations 1992 requires travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency.
In respect of all non-air packages (packages with non-air transport included and that aren’t covered under the terms of our ATOL license) Buildmyskitrip.com Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all non-air package bookings with Buildmyskitrip.com Ltd are fully protected by Trust Account for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance
For all flight inclusive products we hold an ATOL with the Civil Aviation Authority under ATOL number. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are 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 claimunder the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. If you book arrangements other than a Package from us, your monies will not be financially protected. Please ask us for further details.
18 Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your booking. 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 or visit www.passport.gov.uk
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk For European holidays you should obtain a completed and issued form EHIC prior to departure. Up to date travel advice can be obtained from the Foreign and Commonweal Office, visit www.fco.gov.uk
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling, We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
It is the responsibility of the customer to ensure they satisfy any and all passport, visa and entry requirements for the countries included within their booking. Failure to comply with any requirements will not constitute a right to cancel the booking and any request to cancel will be handled in accordance with the cancellation terms in section 7.
19 Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
20 Delays, Missed Transport Arrangements and other Travel Information
All customers are required to take out adequate travel insurance that would cover delayed, missed or cancelled travel arrangements. If you choose to travel without adequate insurance cover, we will not be liable for any losses how soever arising, in respect of which insurance cover would otherwise have been available.
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel etc Regulations 1992 provide that in the event that you experience difficulty, including on the occurrence of circumstances described in clauses 14 (2) (a) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 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 when accessing your flight booking on the airline website and / or on your tickets and boarding passes. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
In the event that your outbound flight or travel method is cancelled less than 48 hours before departure, we will assist you in rebooking the next available flight or travel method as well as claiming both a refund for the cancelled travel element and where applicable compensation from the provider. In the event that we are able to schedule an alternative outbound travel method within 72 hours of the originally scheduled travel date and no more than 50 miles from the original departure point (all London airports included), we will not be liable to refund the holiday or pay any losses or additional costs incurred as a result of the cancelled flight / travel method. We will assist where possible in seeking a refund for any missed elements of the booking resulting from the disruption, however the customer is required to have adequate travel insurance in place to cover such losses or additional expenses, where we are unable to recover a refund for those elements on your behalf.
Following the announcement of a cancelled flight, we reserve the right to select an alternative outbound travel option on your behalf if we are unable to reach you to confirm these changes within 1 hour of the announcement. Last minute flight cancellations can result in a very large surge of customers booking the next available flights and so it may be necessary to act very quickly in order to secure a suitable alternative.
In the event that we are unable to arrange an alternative outbound flight or travel method scheduled within 72 hours of the original departure, the customer will be entitled to a refund or credit note.
For all flight delays on the day of departure, it is the responsibility of the customer to notify the transfer provider as soon as possible using the contact information in their holiday pack. Whilst we monitor all customer travel also, the quickest way to minimise the impact of a delayed flight is to contact the transfer provider directly and as quickly as possible. Failure to notify us or your travel provider of a known delay may result in an additional charge.
Transfer pick-up times will typically be set by the transfer provider, 1 hour from landing. Where possible, we recommend an allowance of at least 2 hours between the scheduled landing time of the flight and the pickup time of any onward transfer or connection. It is the responsibility of the customer to check all transfer timings and request a longer connection time if less than 2 hours or as required to adequately reduce the chance of a missed connection. In the event of a missed transfer or connection, we will assist you where possible to make alternative arrangements, but we will not be liable for any additional costs incurred as a result of a missed transfer or onward connection, including also a refund of any unused transfer legs, unless we are able to obtain a refund from the provider. Where possible, the transfer company will typically offer a grace period of between 30 minutes to 1 hour (varies depending on the supplier) and / or reschedule the transfer to a later service (subject to availability). This offering will be at the discretion of the transfer provider. All changes, cancellations, refunds or other requests will be subject to the booking conditions of the chosen transfer supplier. The customer must have adequate travel insurance in place to cover any charges resulting from a missed transfer or connection.
If your outbound flight or travel method is delayed by 3 hours or more after the originally scheduled arrival time and this delay results in a missed transfer or onward connection, we will assist you where possible to make alternative arrangements, but will not be liable for any additional costs resulting from a missed transfer or onward connection. The customer must have adequate travel insurance in place to cover such occurrences.
In the event that your return flight or travel method is cancelled or delayed less than 48 Hours before departure, we will assist the customer as best we can in making alternative arrangements. In some cases, the customer may be required to liaise directly with the airline or travel provider in order to arrange an alternative flight or travel method. If a new flight or travel method results in an additional cost and / or cannot be arranged for the same day and / or the customer is required to find overnight accommodation, the customer must have adequate travel insurance in place to cover any losses or additional costs incurred. We will not be liable for any costs incurred by the customer resulting from a cancelled or delayed flight or travel method.
For all return transfers from a resort to the airport / departure point, it is typical to allow between 6-8 hours for the journey. This includes arriving 2 hours before the scheduled departure of the flight / transport, an allowance of 3 hours for the normal expected journey time (varies depending on resort / destination) and then an allowance of at least 1-2 hours flexibility in the event of delays. During some peak dates and where heavy traffic or adverse weather conditions are expected, the flexibility allowed could be longer. The customer may request a different transfer time subject to availability and the recommendation of the transfer provider. Where a customer chooses a pick-up time different to either that of the supplier or our own recommendation, we will not be liable for any costs incurred as a result of a missed flight or connection.
We will assist with all delays wherever possible, but will not be liable for any charges incurred by the customer as a result of the delay.
On some rare occasions, transport may fail or breakdown, a road or route may be blocked and / or adverse weather conditions may prevent access to or from the resort / destination. Where such instances result in a delayed departure, the requirement for overnight accommodation and / or loss or additional cost, the customer must have adequate travel insurance in place. We will assist where possible, but will not be liable for any loss or additional cost.
In the event of any charges incurred by the customer, which are to be paid by the company, the customer must obtain prior authorisation from the company in writing. The company will not be liable for any charges incurred without the prior authorisation of the company.
