When you book with Go Travel you agree to the Terms and Conditions of the travel company responsible for your arrangements. If you would like to receive a copy of these Terms and Conditions in advance or with your booking invoice/receipt, please contact your local branch and we will gladly send them to you.
1) He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
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.
Our obligations to you vary depending upon what you book with us: you may book a ‘package’ or a ‘single component’ or a ‘Flight-Plus’. However in the majority of cases we act as agent on behalf of the provider of the holiday arrangements. All these terms are defined below, and we have different obligations to you, according to what you book with us. The type of arrangements that you book will be notified to you at the time of booking.
A ‘package’ exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:- (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
We offer travel arrangements, accommodation and other services that are available to be purchased separately. In other words, if you may decide to just purchase accommodation from us you will have booked a ’single component’.
A ‘Flight-Plus’ exists where:-
(a) you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus.
(b) If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
(c) A Flight-Plus will also exist where you have requested to book: i) a non flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or ii) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK.
(d) A flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
(e) A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the requirements in paragraph (a) are no longer satisfied.
(f) Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
Except in relation to sales of ‘Packages’, we act only as an agent in respect of all bookings we take and/or make on your behalf. When making your booking we will arrange for you to enter into a contract with the applicable supplier of the arrangements in question. We then act as booking agent only. In this case, your booking confirmation receipt/invoice will stipulate the particular supplier with whom you will have a contract for the supply of your holiday arrangements.
SECTION 1: TERMS THAT APPLY TO ALL BOOKINGS1. Booking and Paying For Your holiday 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 the deposit or full payment as detailed below and c) we issue you with a booking confirmation receipt/invoice. If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the confirmation, ATOL Certificate (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. If we do not receive any balance due 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 3 below or such other cancellation charges as stipulated by the supplier will become payable.
A service fee will also be included in the total price, when being quoted for a BSP Published Fare, No Frills Airlines, Eurotunnel and any other product that is non-commissionable to us. A full breakdown is available on request.
We reserve the right to return your deposit and decline to issue a booking confirmation receipt/invoice 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 receipt/invoice that will confirm the details of your booking. Please check that all names, dates and timings are correct on receipt of any confirmation (or any other document). If you believe that any details 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 (five days for tickets). The balance of the cost of packages is due not less than 10 weeks before departure or such other time period as specified by us or the supplier. 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 3 below will become payable.
Any money paid to us in respect of a booking covered by our ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the supplier of your arrangements for so long as that supplier does not fail financially. If that supplier does fail financially, any money we hold at that time or subsequently accept from you, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the applicable supplier.2. If you change your Booking
If you wish to change any part of your confirmed arrangements, 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 the supplier will be able to meet your requested change as amendments can only be accepted in accordance with the terms and conditions of the supplier. The supplier may charge the 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). In addition you must pay us an administration fee of £25.00 per person per change.
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.3. If you cancel your booking
You, or any member of your party, may cancel your travel arrangements at any time. Written notification must be received by us, where you have booked a package holiday, or by the supplier for all other arrangements where we act as agent only, and will be effective from the date on which we receive it. Since costs are incurred in cancelling your travel arrangements, you will have to pay the applicable cancellation charge. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
The percentage below relates to the total cost of the arrangements in question (excluding insurance premiums, amendment fees and credit card charges) and the period relates to the period of time prior to departure that the cancellation is received by us:
If you cancel a package:
Period before departure Cancellation charge per person
More than 70 days Loss of deposit
70 to 15 days 75%
14 days or less 100%
Special Note: Certain arrangements (in particular, flights) may incur a cancellation charge of up to 100% of that part of the arrangements irrespective of the amount of notice of cancellation you give in addition to the sums detailed above.4. If you have a Complaint
If you have a problem when you are away, please inform the relevant supplier (e.g. your accommodation provider, airline), and/or local Representative or agent (if there is one) immediately who will endeavour to put things right. If there is no local Representative or Agent you must contact us on our 24 hour emergency helpline which is +44 (0) 7849 652795. If your complaint is not resolved locally, you must follow this up within 28 days of your return home by writing to the Customer Services Department at the branch in which you booked, 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. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.5. 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. 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 receipt/ 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.6. 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.7. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.8. 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.9. 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.
We are a Member of ABTA, membership number K4373. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details are available on request or from www.abta.com.
11. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit 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 Commonwealth 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.
12. Travel insurance
Many principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you to the insurance company (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.
SECTION 2: TERMS THAT APPLY WHERE WE ACT AS BOOKING AGENT ONLY
Where we act as booking agent only, we accept no liability in relation to any contract you enter into or for any services or arrangements you purchase or for the acts or omissions of any provider(s) of arrangements or other person(s) or party(ies) connected with any arrangements. For all such bookings, your contract will be with the provider of the arrangements (‘The provider(s)’). The contract between you and the provider shall exist when we have processed your payment and issued you with a confirmation invoice on behalf of the provider. The terms and conditions of the provider(s) of your confirmed arrangements will apply to your booking. These terms and conditions may limit and/or exclude the provider's liability to you. Copies of these conditions are available on request from us.
As agent, all monies you pay to us for arrangements (other than the service fee) will be held on behalf of the provider(s) concerned.
14. Changes and Errors
As prices are fixed by the relevant provider and are subject to change, 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 and other website information. The relevant provider has calculated the price of your arrangements using exchange rates which are subject to fluctuation. The provider may have to amend the advertised prices of arrangements at any time as a result of these fluctuations.
15. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day of receipt. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the provider of your arrangements. The provider may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). You will be notified of the exact charges at the time of amendment or cancellation. Please ensure that you have received written confirmation of any changes to your booking prior to travel.
Note: Certain arrangements (such as scheduled airline seats) may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the arrangements. This could be payable in addition to other cancellation charges.
16. Changes and Cancellations by the Provider
We will inform you as soon as reasonably possible if the provider needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the provider in relation to any alternative arrangements offered by the provider, but we will have no further liability to you.
17. Our Responsibility for your Booking
17.1 Your contract is with the supplier and its booking conditions will apply. Except as stated otherwise in these terms, as agent we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith.
17.2 However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to 10% of the booking price. 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.
18. Your Financial Protection
If you book arrangements other than an ATOL protected flight or Flight-Plus, your monies may not be financially protected. Not all providers offer financial protection for your monies. You should check each provider’s booking conditions for details. If the provider that you have chosen doesn’t offer such protection we may be able to offer suitable insurance cover under the ABTA Sure Travel Plan. Please ask for full details.
SECTION 3: ADDITIONAL PROVISIONS RELATING TO THE SALES OF PACKAGES AND SINGLE COMPONENTS
19. Pricing and monies paid
We reserve the right to amend the price of unsold packages at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. 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 from the issue date printed on your final receipt/invoice. 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
20. If We Change or Cancel
It is unlikely that we will have to make any changes to your package, but we do plan the arrangements many months in advance and 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 or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your package. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
”Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours or a significant change to your itinerary, missing out one or more destination entirely. 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, or a change of accommodation to another of the same standard or classification.
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 immediately. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.
If we make a major change or cancel less than 70 days before departure, we will also pay you compensation if appropriate in all the circumstances as set out in the table below. We will not pay you any compensation where we make a major change or cancel before the date on which the final balance of the cost of your arrangements is due or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached.
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. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
Period before departure Compensation per person
More than 70 days Nil
70 – 15 days £10
Less than 14 days £20
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" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
21. Your Behaviour
All guests travelling 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 hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
22. Our Responsibilities
(1) In respect of packages, 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 perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example 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), we will pay you reasonable compensation. 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) In respect of single components, 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 with reasonable care and skill, 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.
(3) In any event, 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.
(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 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 twice the price paid by or on behalf of he 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. 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.
(5) 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.
(6) 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.
(7) 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.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
23. Your Financial Protection
(1) Flight inclusive Packages, Flight Plus and Flight Only
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the packages booked with us and for your repatriation in the event of our insolvency. We also provide financial security for Flight Plus bookings and ATOL protected flights. We provide this security by way of an ATOL number 6928 administered by the Civil Aviation Authority. If you book arrangements other than a package holiday, the financial protection referred to above does not apply.
When you buy any ATOL protected arrangements from us you will receive a Confirmation Invoice/Receipt from us confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 6928. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk. The price of our air holiday packages 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.
(2) Non-Flight Inclusive Packages
We provide financial security for holidays not including flights by way of a bond held with ABTA, number K4373. ABTA will provide security for the monies that you pay for the non-flight inclusive packages booked with us.
If you book arrangements other than an ATOL protected flight, package or Flight-Plus from us, your monies will not be financially protected. Please ask us for further details.
SECTION 4: ADDITIONAL TERMS THAT APPLY TO FLIGHT PLUS
24. Our Liability in respect of a Flight Plus
a) The failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
b) If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus we will provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
c) If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus we will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
d) If, after your intended departure on a Flight-Plus we become aware that the living accommodation or self-drive car hire making up your Flight-Plus will not be provided because of the insolvency of any person concerned with the provision of the same, we will provide you with suitable alternatives at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
e) Where suitable alternative arrangements are provided as set out in clauses 24(b) – (d) above, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
(f) We, or the suppliers of the services you have bought, will provide you with the services you have bought (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 or a suitable alternative (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).
Your contract is with the supplier and its booking conditions will apply. As agent, except as set out in this section, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith.
We will not be responsible:-
(i) where the arrangements cannot be provided or cannot be provided as described due to circumstances beyond ours or the applicable provider’s control;
(ii) where you incur any loss or damage that relates to any business activity; or which could not have been foreseen at the time you made your booking in the light of the information you gave to us at the time of booking;
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.
Except where otherwise expressly stated, we cannot accept liability or pay compensation where the performance of our obligations to you are affected or prevented as a result of ‘force majeure’. In these booking conditions, ‘force majeure’ means any event which either ourselves or the provider of the service in question could not forsee or avoid, even with due care and consideration. Such events include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of our control.
25. Financial Protection for Flight Plus bookings
We provide financial security for Flight-Plus bookings by way of a bond held by the Civil Aviation Authority under ATOL number 6928. 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. When you buy an ATOL protected Flight-Plus 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.
From 1 October 2012