Our contract with you
Travel Producer Limited (hereafter TP) works with a number of UK tour operators (third parties) in the circumstance of being an agent to that tour operator. In this manner TP facilitates bookings with those operators that provide or arrange travel products.
These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) or other travel supplier(s) (e.g. tour operator / airline / cruise company / accommodation company) named on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them.
Financial Protection: As a member of the Travel Trust Association (Q1376) all the package holidays we sell come with protection for your money. If you buy a single travel service then this might not apply. Package holidays are protected by the package organiser and that automatically applies on confirmation of a booking. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Not all holiday or travel services offered and sold by TP will be protected by the ATOL scheme. Please ask TP to confirm what protection may apply to your booking.
- TERMS OF BUSINESS
1.1. These are TP’s agency terms of business (“Agency Terms”) setting out how TP will process a booking for you. When processing a booking, TP will arrange for you to enter into a direct contract with the supplier of the travel products which may include but are not limited to tour operators, cruise companies, airlines, accommodation providers and hoteliers (“Travel Suppliers”). Unless expressly provided otherwise in writing, TP when taking a booking is always acting as agent to the Travel Suppliers who is the principal or agent to the principal. As an agent we accept no responsibility for the acts or omissions of Travel Suppliers or for the services provided by them. The principal’s(s’) or supplier’s(s’) Terms & Conditions will apply to your booking. You will receive a copy on confirmation of your booking and we strongly advise you to read these carefully as they do contain important information about your booking.
1.2. There will be no binding contract with the Travel Supplier for your holiday before TP has received written confirmation in the form of an email and/or booking form and/or payment of the deposit/sum shown on the invoice and until TP has sent you confirmation on behalf of the Travel Suppliers.
1.3. The booking arrangement is made with the person who is named as ‘lead passenger’ on the booking form, even though payments may be made by others, and every person signing the booking form is fully responsible for the holiday booking. Where no booking form is required or is not provided the arrangement is made with the person who pays the initial deposit.
1.4. Your booking arrangement with the Travel Suppliers is governed by the following:
These Agency Terms and specific booking conditions of each relevant Travel Suppliers.
The booking form. This will provide TP with information needed to pass on to the relevant Travel Suppliers who make the holiday arrangements. Please note names should be provided as stated in the relevant passport. Although TP always informs Travel Suppliers of your special requests and does what it can to encourage Travel Suppliers to accommodate them, it is the Travel Suppliers who control whether the request is met and TP cannot guarantee this. This is especially true of dietary requirements.
The invoice. This will itemise the travel services purchased and will specify the payment terms as required by the Travel Supplier with whom your booking has been made. Each invoice will carry an invoice number, the booking reference corresponding to that of the Travel Supplier, your personal customer number and bank details of our trust account for payment to be received.
The itinerary. It is the responsibility of the lead passenger to check the details on the itinerary and invoice when you receive them. This is because they set out the details of the booking arrangement taken by TP. If there is an error you should contact TP immediately so that TP can address any problems. Changes can only be made by the persons signing the booking form or by someone they authorise in writing. Some changes may incur charges which you will be notified of prior to any change being made
The itinerary will also identify if a booking arrangement is dependent on participation by a minimum number of people. If so the service may be cancelled by TP on behalf of the Travel Supplier in writing within the period indicated in the itinerary without compensation if the minimum take-up is not achieved and if the service has been paid for then the sum paid will be refunded by TP principal’s(s’) or supplier’s(s’) Terms & Conditions.
The booking information that you provide to us will be passed on only to the Travel Suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. For full details of our privacy notice please read here.
2.1. TP cannot guarantee that up until 30 days before your departure date the price of your booking will not be subject to surcharges such as:
variations in transportation costs, including the cost of the fuel
variations in duties, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports
the exchange rates applied to the booking and that within 30 days of your departure date the price of your booking will not be subject to any surcharges.
2.2. Should the above price variations result in the cost of your booking going up you shall be entitled to the remedies set out in the terms and conditions of your relevant Travel Suppliers.
2.3. When you book a package holiday TP will not give any breakdowns whatsoever of the price of the holiday.
3.1. If you are booking within 10 weeks of the departure date, then full payment is required from you at the time of booking.
3.2. If you are booking more than 10 weeks before the departure date, then you need only pay the deposit shown on the invoice at the time of booking, and you must pay the balance at least 8 weeks prior to departure. TP will send a reminder approximately 10 weeks before the departure date.
- CHANGES TO THE BOOKING OR PERSONS COVERED BY THE BOOKING
4.1. A change must be requested in writing by the lead passenger on the booking form.
4.2. TP will assist you if you wish to make changes to your booking but cannot guarantee that the relevant Travel Suppliers will agree to your changes. There will be a minimum administration charge by TP of £50 plus VAT per person in your party affected, and you will also have to pay the total charges payable under the terms and conditions of the relevant Travel Supplier.
By Travel Suppliers:
4.3. Your booking arrangements may be made many months in advance with the relevant Travel Suppliers. If a Travel Supplier makes a significant change to an essential term of the booking arrangement that they have with you before departure then TP will notify you as soon as possible. You will be entitled to the remedy set out in the relevant Travel Supplier’s terms and conditions.
5.1. A cancellation must be in writing signed by the lead passenger on the booking form. If you cancel any booking for any reason TP shall be entitled to retain £50 per person of the payment made by you as a cancellation charge. You may also be liable to pay the cancellation charge levied by the Travel Supplier (which may be up to 100% of the cost of the booking arrangements) and will be governed by the terms and conditions of the relevant Travel Suppliers.
By Travel Suppliers:
5.2. TP on behalf of the Travel Supplier may cancel the booking if you do not pay the balance of the price on time and you may be liable to their cancellation charges.
5.3. It is unlikely that your booking will be cancelled in any other circumstances but any cancellation will be subject to the Travel Supplier’s terms and conditions. For the avoidance of doubt if you cancel or amend your booking arrangements the Travel Supplier may charge the cancellation or amendment charges shown in their terms and conditions and you must in addition pay TP upon request the cancellation or amendment charges stated herein.
- LIABILITY, LIMITS ON LIABILITY AND COMPENSATION
6.1. For the avoidance of doubt your booking and contract is with the relevant Travel Suppliers. TP is not responsible for and has no liability for the acts or omissions of persons who are not acting as its employees and though TP has chosen its Travel Suppliers with care TP has no control over its Travel Suppliers and cannot be held responsible for any action or omission of its Travel Suppliers or their servants, agents or employees.
6.2. TP will have no liability to pay compensation to you for any failure to properly perform its services hereunder, where the failure is attributable to you.
6.3. TP shall have no liability to pay compensation to you for loss, damage or expense incurred for any failure to properly perform TP’s agency services, where the failure is:
attributable to a third party unconnected with the provision of the holiday services, and which was unforeseeable or unavoidable
due to unusual and unforeseeable circumstances beyond TP’s control, the consequences of which could not have been avoided even if all due care had been exercised
due to an event which TP, even with all due care, could not foresee or forestall.
Examples of the above circumstances would be war, riot, civil strife, industrial dispute, terrorist activity, actions of governments or other state bodies, unavoidable technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, avalanche, fire, late delivery, adverse weather conditions or levels of water in rivers, or that any of the above are threatened.
6.4. TP shall have no liability for economic loss, loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services hereunder or otherwise in connection with these terms, or for any indirect, special or consequential loss or damage.
6.5. For the avoidance of doubt your booking is directly with the relevant Travel Supplier. To the extent that TP is not negligent in the provision of its service to you. TP accepts no liability for any complaint, loss, damage, expense or other claim in respect of any aspect of your booking or travel arrangements.
6.6. Where TP is required to pay you compensation, whether as provided in these Agency Terms or otherwise, TP’s liability to pay compensation shall be limited in all circumstances to an absolute aggregate maximum liability of the total price paid by you for the specific bookings related to any given complaint.
Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem while on holiday, this must be reported to the principal / supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending on the circumstances. If you wish to complain when you return home, contact the principal / supplier in writing. We can assist you with this if you wish.
We are a Member of Travel Trust Association, membership number Q1376. We are obliged to maintain a high standard of service to you by their Consumer Protection and Code of Conduct. If the matter cannot be resolved we can offer you the Travel Network Complaints Procedure, who will act an independent intermediary for the resolution of disputes between TP and a customer. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
- LAW AND JURISDICTION
Any dispute between you and TP will be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction
- FURTHER BOOKING INFORMATION
9.1 Insurance: Principals/suppliers 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.
9.2 Passports, visas: It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport with 6 months validity is required for all destinations and visas (transit, business, tourist or otherwise) may be required for some destinations and depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary. It is your responsibility to check the up to date position and you should make any applications for passports and/or visas in good time before your departure. We accept no liability if you or any member of your party are refused entry into any country due to failure to hold the correct passport, visa and/or other travel documentation required by any airline, authority or country you are visiting or transiting through.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type.
9.3 Health: It is your responsibility to ensure that you consult your doctor prior to travel to ensure that are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. We shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.
9.4 Final travel arrangements: Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.