Travel Producer Booking Terms & Conditions
Our contract with you
These Terms are the booking terms and conditions on which we supply Services to you and form the basis of our contract with you. Please ensure that you read them carefully as they set out our respective rights and obligations. By asking us to confirm your Booking, we are entitled to assume that you have read these Terms. These Terms will become binding on you and us when we issue the Lead Name with a confirmation invoice following receipt of your applicable payment and our acceptance of a Booking, at which point a contract will come into existence between you and us.
When the following words with capital letters are used in these Terms, this is what they will mean:
Booking: the travel, holiday, journey, booking, tour and other travel arrangements which we agree to make, provide or perform (as applicable) under these Terms;
Events Outside Our Control: any events which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events (whether actual or threatened) may include without limitation war (whether declared or not) or threat of or preparation for war, riot, civil commotion or strife, actual, threatened or assumed terrorist activity, strikes, lock-outs or other industrial activity, border closures, epidemic, natural or nuclear disaster, technical problems with machinery, transport or equipment, fire, explosion, adverse weather or failure of public or private telecommunications networks and other events outside our control;
Lead Name: the person who makes the Booking;
Services: the services that we are providing to you in arranging and making your Booking;
Terms: the booking terms and conditions set out in this document;
we/our/us/Company: Travel Producer Limited (trading as Travel Producer), a company incorporated and registered in England under no. 8295271, whose registered office is at 15 Lingfield Avenue, Kingston on Thames, Surrey. KT1 2TL, England; and you/your: means all persons named on the Booking (including anyone who is added or substituted at a later date) or any of them, as applicable.
When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
1. Making Your Booking
The Lead Name is responsible for ensuring that all those travelling in your party are aware of these Terms and that they consent to the Lead Name acting on their behalf in all matters relating to the Booking. Once we (or one of our authorised agents) have received all appropriate payments, we will, subject to availability, confirm your Booking by e-mailing or otherwise sending a Booking confirmation letter and invoice to the Lead Name. Where you book through one of our authorised agents, the Booking confirmation letter and invoice and all other communications will be sent to your agent and you should also contact us through the agent. The acknowledgement of your Booking is not a confirmation of it. All references in these Terms to the confirmation of your Booking means the Booking confirmation letter and invoice. A provisional Booking can be made by telephone but you must send the applicable payment within 7 days, or the provisional Booking will automatically lapse.
Please ensure that you check that the details in the Booking are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
The Lead Name is responsible for making all payments due to us. You are required to send us a non-refundable deposit of £300 per person - or the amount as advised by us at the time of Booking, or full payment if booking within 60 days of departure (75 days for cruise holidays) - and confirmation that you have appropriate travel insurance cover. Please note, deposits are not refundable except where expressly stated in these Terms. The balance of the cost of your Booking must be paid no less than 60 days before departure (75 days for cruise holidays). Payment can be made by cheque r most debit and credit cards in favour of Travel Producer Limited Trust Account. If you are paying by credit card, an additional charge will apply. If a cheque payment is declined by your bank for any reason, a charge of £30 will be made. If you return your payment counterfoil before the date that payment is due, this authorises us to take payment early. If we do not receive all payments in full and on time, we are entitled to assume that you wish to cancel your Booking. In this case, we will be entitled to keep all deposits paid or due at that date and you must pay the cancellation charges shown in clause 8 depending on the date we reasonably treat your Booking as cancelled.
It is a condition of your contract with us that you have in place valid, sufficient and appropriate travel insurance cover and that you provide us with the details of your insurance policy as set out in this clause. Any failure by you to provide the requested details by the final date for full payment will entitle us to cancel the policy. Please ensure that your insurance policy shows you as the named policy holder and covers anyone under 18 years of age travelling with you and that the cover is valid for the entire period of travel (including day of departure and return). Should you choose to extend your travel (either at the start or the end), you will need to extend the duration of your insurance cover.
We will need certain information about your insurance policy that is necessary for us to make a Booking, including, the name of the insurance company, the policy number and the 24-hour emergency telephone number. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. You should ensure that your insurance policy includes, as a minimum:
- high altitude cover for destinations over 2500 meters above sea level
- insurance against loss of or damage to personal belongings
- accident and medical cover
- cover against loss of deposit, cancellation fees and costs of curtailing your travels.
If you have to cancel your Booking, you will be charged in accordance clause 8. Please make sure you are adequately covered by an insurance policy.
It is important that you have an insurance policy in place that adequately covers your particular needs. If you are not adequately covered you may incur significant costs.
Please read your insurance policy carefully and take it with you when you travel.
In the event of a claim, you must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and with us, if we or our insurers want to enforce any rights that are transferred.
4. Reservation and Confirmation
Please note that changes and errors occasionally occur. Subject to the conditions in clause 5 we reserve the right to increase or decrease and correct errors in prices at any time before your travel is confirmed. We will normally confirm your Booking within 5 working days of accepting a Booking, although on occasion more time may be required to communicate with our suppliers and secure your requested arrangements. Should we be unable to confirm your Booking, and you are not satisfied with any alternatives that we propose we will refund your deposit in full.
On receipt of a confirmation invoice and any other documents we send you it is important that you carefully check all details. In the event of any discrepancy please contact us immediately as it may not be possible to make changes later.
5. Price Policy
All prices published in our brochures, marketing material and website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is made to ensure these prices are accurate at the time of publication, we cannot guarantee these prices. Please note that changes and errors do occasionally occur. You must check the price of your chosen travels at the time of Booking. The price of your travels may vary at any time before we have accepted your Booking. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence. We will advise you of any error of which we are aware and of the then applicable price at the time of Booking.
Your confirmation will contain details of what is included in the price of your Booking. Any items not detailed in your confirmation are not included in the price of the Booking.
Once your confirmation invoice has been issued, and subject to the correction of errors, we will only alter the price of your Booking in the following limited circumstances. A surcharge or refund (as applicable) will be subject to the conditions set out in this clause, in the event of any change in our transportation costs or dues, taxes or fees payable for services such as fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports or adverse exchange rate variations.
Even in the above cases, only if the amount of the increase is greater than 2% of the cost of your Booking (excluding insurance premiums and amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your Booking (excluding insurance premiums and amendment charges), you will be entitled to cancel your Booking and receive a full refund of all monies that you have paid us (except for any amendment fees) if you advise us within 14 days of the issue date printed on the surcharge invoice.
If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge.
A refund will only be due and payable if the decrease in the costs of the Booking exceeds 2% of the total Booking cost as set out above. Where a refund is due we will pay you the full amount of the decrease of the Booking costs.
The Company will not levy a surcharge within 30 days of departure.
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 measures in place.
6. Suitability of the Tour & Behaviour
We reserve the right in our absolute discretion to terminate without prior notice the travel arrangements of any customer whose behaviour is such that it causes or is likely to cause, in our reasonable opinion, or in the opinion of any tour manager or any other person in authority, distress, damage, danger or annoyance to any third party, or damage to property. In these circumstances all our obligations to you under this contract or otherwise shall cease, full cancellation charges shall apply and we shall not be liable for any refund, compensation or costs incurred by you whatsoever.
We also reserve the right to terminate your Booking where, in the reasonable opinion of any person in authority (tour manager when you join your holiday), your physical condition means you are unable or likely to be unable to cope with the tour or due to experience significant difficulties in doing so. It is your responsibility to disclose an accurate account of your mobility and all other relevant information relating to your health and fitness at the time of Booking. You must advise us of any change to your level of mobility or health and fitness between booking your travels and joining our tour. Please also see clause 13.
7. Alterations to Your Booking
Please notify us in writing if circumstances arise whereby you wish to make alterations to your Booking.
Transferring a Booking to another person is at the Company’s discretion; however, we will endeavour to assist wherever reasonably possible.
Any alterations requested 60 days or more (75 days or more for cruise holidays) prior to departure will be subject to a minimum alteration fee of £50 per person together with costs or charges incurred or imposed by any of our suppliers. We will notify you of the amended price in writing. You can choose to cancel the Booking in accordance with clause 8 in these circumstances.
Any alteration to your Booking requested less than 60 days (75 days for cruise holidays) prior to departure will be regarded as a cancellation and cancellation charges as set out in clause 8 will be payable. Name changes can be made up to 21 days prior to departure for an alteration fee of £40 per person together with any costs or charges incurred or imposed by any of our suppliers.
8. Cancellation by You
Should you wish to cancel your Booking, notice can be given verbally but must be followed up in writing by the Lead Name as soon as possible and in any event within 2 days. If the Lead Name’s Booking is cancelled, we will allocate the next named adult on the Booking as the Lead Name.
Please note that cancellation charges will apply as set out below.
Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and amendment charges. Amendment charges are not refundable. The amount of the cancellation fee depends upon the date when the written notice of cancellation is received by us. The scale of cancellation charges is as follows:
Non-cruise holidays (calculated from date of cancellation to date of outbound travel)
61 days or more - Loss of deposit*
- From 42 to 60 days - 30% of final invoice
- From 28 to 41 days - 50% of final invoice
- From 14 to 27 days - 75% of final invoice
- 13 days or less prior to departure -100% of final invoice
Cruise holidays (calculated from date of cancellation to date of outbound travel)
- 76 days or more - Loss of deposit*
- From 61 to 75 days - 30% of final invoice
- From 28 to 60 days - 60% of final invoice
- From 14 to 27 days - 75% of final invoice
- 13 days or less prior to departure - 100% of final invoice
*including loss of any additional deposit paid for holiday variations and holiday extensions.
Depending on the reason for cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, or any concessions agreed for your Booking were based, we will recalculate these items and re-invoice you accordingly. Any such additional costs are not cancellation charges.
9. Changes & Cancellations by us
Every effort is made to ensure that the description and prices given on our website and in our brochures are accurate. Occasionally, the Company may have to make changes and correct errors in our booking information both before and after Bookings have been confirmed. We may also have to cancel confirmed Bookings due to factors outside our control, mistakes, or if the minimum number of Bookings required for a particular tour have not been reached. Whilst we make every effort to avoid alterations and cancellations we reserve the right to do so. We will notify you (or your agent) at the earliest opportunity, and in the case of minimum numbers of bookings not being achieved at least 30 days prior to departure.
Minor Changes by us. A minor change is any change to your Booking which, taking account of the information you have given us at the time of Booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed Booking.
Significant Changes by us. A significant change is any change before departure such as a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away; a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time, 12hours+, or overall length of time you are away of twelve or more hours, a change of UK departure point to one which is significantly more inconvenient for you or a significant change of itinerary missing out one or more major destination substantially or altogether.
Cancellations by us.
All our escorted holidays are organised on the basis of a minimum number of clients (usually 5). In the event the Booking has to be cancelled because of insufficient numbers, we will make every effort to inform you at least 60 days (70 days for cruise holidays) prior to departure.
If we have to make a significant change or if we have to 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 the following options:
- accepting the changed arrangements; or
- making an alternative Booking with us, of a similar standard to that originally booked, if available, paying or receiving a refund in respect of any price difference; or
- cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
If cancellation is due to Events Outside Our Control (see clause 10) or any other circumstance beyond the control of the Company we will be entitled to deduct from your refund any reasonable expenses that we may have incurred.
Please note the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel we will, where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change is notified to you.
Period before departure a significant change or cancellation is notified to you:
- More than 70 days Nil £ per person.
- 70 to 56 days £ 10 per person.
- 55 to 31 days £ 15 per person.
- 30 to 15 days £ 25 per person.
- 14 to 0 days £ 35 per person.
Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:
a) we are forced to make a change or to cancel as a result of Events Outside Our Control, the consequences of which we could not have avoided or foreseen even with all due care; or
b) we have to cancel because the minimum number of client bookings required to run your holiday has not been reached, prior to the balance due date (as above); or
c) we cancel as a result of your failure to comply with any requirement of these Terms entitling us to cancel (such as, but not limited to, you not having in place valid, sufficient and appropriate travel insurance cover, you not providing us with the details of your insurance policy, or you not paying on time), or if the change made is a minor one.
In any of the circumstances referred to above we will not be liable for the cost of any service (such as, but not limited to, flights, hotels and connecting rail travel) which is purchased in connection with any Booking, but which is not booked through us, or for any related expenses such as cancellation charges or amendment fees, which cannot be used or has to be cancelled or amended as a result of our having to cancel or make a significant change to any Booking.
If after you depart, it becomes apparent that a significant proportion of the arrangements you have booked cannot be provided, the Company will make every effort to make suitable alternative arrangements for the continuation of your Booking at no extra cost to you and will, where appropriate and provided that the change in your arrangements has not been caused by Events Outside Our Control (see clause 10), compensate you for the difference in value between the arrangements you should have received and the alternative arrangements made. In particular because we neither, own, manage nor control the accommodation that is used, if we are advised that your reserved accommodation is not available when you arrive at your destination, the Company will make every effort to secure accommodation of at least the same standard in that same destination and to transfer you to that accommodation. If only a lower standard is available, a refund will only be available on your return if we have received a refund from the suppliers.
10. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by Events Outside Our Control.
11. Our Liability to You
We promise to make sure that the Booking arrangements we have agreed to make as part of our contract with you are made with reasonable skill and care. This means that, subject to these Terms, we will accept responsibility if, for example, you suffer death or personal injury or your contracted Booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use all reasonable skill and care in making your contracted Booking arrangements. Please note that it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (employees) or carrying out work we had asked them to do (for agents and suppliers).
We will not be responsible for any injury, illness, death, loss (including without limitation loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your Booking and which were unforeseeable or unavoidable; or (iii) Events Outside Our Control.
Please note that we cannot accept responsibility for any Services which do not form part of our contract with you. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, our “Things you should know about our services” document, in any brochure or advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
The promises we make you in these Terms about the Services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the Services in question had been properly provided. If the particular Services which gave rise to the claim or complaint complied with local laws and regulations applicable to those Services at the time, the Services will be treated as having been properly provided. This will be the case even if the Services did not comply with the laws and regulations of the UK which would have been applied had those Services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety features that might lead a reasonable holiday maker to refuse to take the holiday in question.
For all other claims which do not involve death or personal injury, if we are found liable to you, we limit the maximum amount we may have to pay you to a refund of the cost of the Booking (excluding insurance premiums and amendment charges) 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 have not received any benefit at all from your holiday.
The Company shall not be liable for any loss of or damage to baggage, personal possessions, passports and other documents or any other unforeseeable loss resulting there from, and its staff or agents are not authorised to accept responsibility for their safekeeping.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, rail, sea or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay you for any claim or that part of a claim if we are found liable to you on any basis is, except as otherwise expressly set out in these Terms, the most the carrier or hotel keeper concerned would have to pay under the relevant international convention or EU regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended (whichever may be applicable), the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, Regulation (EC) No 2027/97 (as amended) on air carrier liability in respect of the carriage of passengers and their baggage by air, the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea and the Berne Convention concerning International Carriage by Rail (COTIF)). Where a carrier or hotel would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail, sea, or road carrier or any hotel if such a claim is not expressly permitted to be brought against the carrier or hotel by the international convention or regulation which applies to the travel arrangements in question. 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.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable or not avoidable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
Please note, we cannot accept liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information you have given us concerning your Booking prior to our accepting it, we could have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
12. Conditions of Suppliers
Many of the Services which make up your Booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the suppliers’ liability to you, usually in accordance with applicable international conventions (see clause 11). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
13. Special Requests & Medical Conditions/Disabilities
If you have any special request relating to your Booking, you must advise us in writing at the time of Booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this to you in writing. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” Bookings subject to the above provisions on special requests. If you have any medical condition or disability which may affect your travels or any health or fitness concerns which may affect your ability to cope with the tour, please give us full details before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of Booking. You must also advise us as soon as possible of any change in any disability or medical condition or your health or fitness or if any medical condition or disability which may affect your travels, that develops after your Booking has been confirmed. Please also see clause 6.
14. Excursions, Activities & Brochure / Website Information
The information contained in any of our brochures and on our website is correct to the best of our knowledge at the time of the brochure going to print / at the time of publication on our website. Whilst every effort is made to ensure the accuracy of the information at the time of printing / publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travels (including the price) with us at the time of Booking.
We may provide you with information (in our brochure, on our website and/or when you are on your travels) about activities and excursions which are available in the area you are visiting or to purchase from us in the UK or from your tour manager during your holiday.
Except for excursions and activities which are purchased from us or your tour manager, we have no involvement in any such activities or excursions which are not run, supervised, controlled, recommended, inspected or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we or your tour manager suggest particular operators/ other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11 of these Terms will not apply to them.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area(s) you are visiting generally (except where this concerns the Services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure or on our website which are not part of our contract are vital to the enjoyment of your experience, write to us immediately and we will tell you the latest known situation.
If we become aware of any material alterations to resort/area information and/or such outside activities which can be reasonably expected to affect your decision to book a travel experience with us, we will pass on this information at the time of Booking. Optional excursions and activities which are booked with us or your tour manager do not form part of your travel contract with us unless purchased at the same time as the rest of your travels. You will have a separate contract with us for any such optional excursion or activity.
Under this contract, we make every effort to select reputable local operators to arrange and provide your excursion or activity in accordance with applicable laws but will not be liable for the excursion or activity itself or for the acts or omissions of the local operator or any of its employees, agents, suppliers or subcontractors or any other person(s) connected with the excursion or activity (other than our own employees). In the event that we are found liable for the excursion or activity on any basis, we are entitled to rely on all limitations and exclusions of liability contained or referred to in these Terms.
In accordance with Article 9 of Regulation (EC) No 2111/2005, we are required to bring your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is updated from time to time and published in the Official Journal of the European Union and is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_en.pdf.
We are also required to advise you of the carrier(s) or, if the carrier(s) is not known, the likely carrier(s) that will operate your flight(s)at the time of Booking. Where we are only able to inform you of the likely carrier(s) at the time of Booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your Booking has been confirmed will be notified to you as soon as possible.
We are not always in a position at the time of Booking to confirm flight timings which will be used in connection with your flight. Where flight timings are given at the time of Booking or detailed on your confirmation these are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure.
You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched. We will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
Regardless of any information given in good faith, operational changes may be made by an airline at any point and we cannot be responsible for these. If the carrier(s) with which you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier(s) are unable to offer you a suitable alternative the provisions of clause 9 (Changes and Cancellations by us) will apply. Please note that most airlines now operate 100% non-smoking services.
16. Denied Boarding Regulations
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under Regulation (EC) No 261/2004 (the Denied Boarding Regulations). Where applicable, you must pursue the airline for the compensation or other payment due to you. Subject to the final sentence of this clause, all sums you receive or are entitled to receive from the airline concerned by virtue of the Denied Boarding Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel 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 have no liability to make any payment to you in relation to the Denied Boarding Regulations as your entitlement to any compensation or other payment (as dealt with above) is covered by the obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to email@example.com or see www.caa.co.uk. Please note, your rights under clause 9 (“Changes and Cancellations by us”) and clause 11 (“Our Liability to You”) are not affected by the Denied Boarding Regulations except that we are entitled to argue that the amount you receive or are entitled to receive from the airline is sufficient to meet any compensation obligation we may have to you as your tour operator as a result of any such cancellation, delay, downgrading or denied boarding.
17. Your financial protection
We are a member of the Travel Trust Association (membership no.: Q1376). The money you pay for your Booking will be held in a trust account supervised by a trustee appointed by the TTA who is either a banker, chartered or certified accountant or a solicitor. Both we and the trustee are required to authorise payments from the trust account.
In addition to being held in trust, you also have a financial guarantee from the TTA. When you make a Booking with us, you will be supplied with a guarantee certificate which is available to view on the TTA’s website www.traveltrust.co.uk/guarantee.
Should we for any reason financially fail or cease trading, the TTA will liaise with the suppliers involved in your Booking to ensure that your holiday goes ahead unaffected. If for any reason this is not possible, the TTA will administer a claim for a refund of money that you have paid to us for your holiday. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements.
The Trust Account plus the guarantee will ensure that all the money which you have paid to us for your Booking is protected and available to reimburse the money paid.
For further information please visit the TTA web site at www.traveltrust.co.uk.
18. How we may use your personal information
Your personal informational and that of your party is important to us and we will apply appropriate security measures to protect your personal information. To make your Booking, to process your payment for the Services we provide you and to ensure that your travels run smoothly, we (and our agent, if you use one) need to use personal information that you provide to us such as your name and address, special requirements, disabilities, medical conditions, dietary requirements, etc. which may disclose your racial or ethnic origin, religious or similar beliefs. As part of the Booking arrangements, we must pass your personal information to suppliers of your travel arrangements, including airlines, hotels and transport companies. Your personal information may be supplied to security or credit checking companies, and to public authorities such as customs and immigration if required by them or required by law.
Additionally, if your travels are outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive personal information regarding disabilities or dietary or religious requirements, to people responsible for your travel arrangements.
If we cannot pass your personal information to relevant suppliers, in the EEA or elsewhere, we cannot provide your Booking. In making this Booking, you consent to your personal information, including your sensitive personal information, being passed to relevant people. Where your personal information is also held by a travel agent, this is subject to that agent’s own data protection policy.
We would like to use your details for marketing purposes (e.g. sending you emails or our brochures). If you do not wish to receive any further information from us please let us know this at any time.
You are entitled to a copy of your personal information held by the Company. If you would like to see the personal information we hold about you please contact the Company. We may make a small charge for providing this to you. To improve our service, calls may be recorded for training and quality purposes.
19. Complaints & Arbitration
In the unlikely event that you have reason to complain or if you have a complaint during your holiday, with any aspect of the Company’s arrangements, you must address your complaint immediately to the local representative, or onsite representative (if available), as most problems can be dealt with quickly and efficiently at source, or use the Company’s contact number which you will be supplied with before your departure. That number will put you in touch with one of our employees who will take all reasonable steps to help you. It is only if you do this that the Company has the opportunity to put matters right on the spot. It is unreasonable to take no action whilst on your travels, but then to write a complaint letter on your return.
If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 28 days of your return. We will acknowledge your written notification within 14 days and provide a detailed response within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and / or investigate properly. In consequence, this may affect your rights to compensation under this contract.
We can usually sort out any complaints that you may have, but if we cannot agree, the Travel Trust Association can act as an independent intermediary. All complaints are dealt with by the TTA in writing. Should you feel the need to make a complaint about us, please detail the matter in writing and post it to: Travel Trust Association, 3rd Floor, Albion House, High Street, Woking, Surrey GU21 6BD. Please enclose copies of any previous correspondence that you may have had with us and any relevant paperwork. Upon receipt the TTA will act as an independent intermediary in your grievance with us and will liaise between both parties. Should the response that you receive from us not be satisfactory, the TTA can then offer you an arbitration service. The arbitration service is administered and managed independently from the TTA and us.
20. Law and jurisdiction
English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the TTA complaints procedure or by the Courts of England only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England.