THOMAS COOK TOURISM BOOKING TERMS AND CONDITIONS
Last updated: August 2020
We are Thomas Cook Tourism (UK) Limited, a company registered in England and Wales under company number 12211539 and registered address at c/o Tmf Group 8th Floor, 20 Farringdon Street, London, United Kingdom, EC4A 4AB (“we”, “us” and “our”). References to “you” and “your” in these Booking T&Cs means all persons named on your booking (including anyone who is added or substituted at a later date). These booking terms and conditions (the “T&Cs”) describe the terms on which we will arrange the travel services you booked on our website, including your flight, accommodation, transfer, excursion, ticket or other travel requirements (the “Services”). References to “Supplier” means the third-party supplier of the Services and references to “agent” means disclosed agent, undisclosed agent or independent intermediary as applicable.
When booking through us, you are booking a “multi-contract package” (that includes a flight) within the meaning of the Package Travel and Linked Services Regulations 2018 (“PTRs”), which require us, as the package organiser, to assist you in certain situations. Our responsibilities are set out in these T&Cs. A multi-contract package is a combination of at least two different types of the following Services for the same trip where your contract is with each Supplier of the individual Services: (a) transport (e.g. a flight, coach or train but not transfers from an airport); (b) accommodation (e.g. a hotel, villa or apartment); (c) car rental; or (d) an essential tourist Service. Tourist Services are services which are not intrinsically part of the carriage of passengers, accommodation or the rental of motor vehicles or certain motorcycles, e.g. admission to concerts, sport events, excursions or event parks, guided tours, ski passes and rental of sports equipment such as skiing equipment, or spa treatments. An “essential tourist Service” is a tourist Service that is a significant part of your holiday because of its value (at least 25% of the total) or because it is an essential part of your trip. If you add an essential tourist Service to any of the other Services mentioned in (a) – (c) after the first Service has started, then this will not be part of a multi-contract package, e.g. if you book a tourist Service after your arrival at your hotel.
You will benefit from all EU rights applying to packages under the PTRs. We are responsible for the proper performance of the multi-contract package. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the multi-contract package, to ensure your repatriation if we become insolvent. More information on key rights under the PTRs is available here.
1. YOUR CONTRACT
1.1 We are the package organiser in respect of your booking. Our responsibilities are set out in these T&Cs. When making your booking we will act as your agent to arrange for you to enter into a contract with the applicable Supplier of the Services, and to agree payment terms between you and the Supplier, as specified on your Booking Confirmation (defined in section 2.1). Your booking through us is subject to these T&Cs and the specific terms and conditions of the relevant Supplier you have chosen to contract with. The applicable Supplier terms and conditions for the Services are set out here. You must read the Supplier terms and conditions applicable to the Services you wish to book and accept them in full prior to making your booking. The Supplier terms and conditions may limit or exclude their liability to you.
1.2 By making a booking with us, you agree and confirm that:
1.2.1 all passenger details on the booking are full and accurate (as stated in the relevant passport);
1.2.2 all passengers in your party are UK or Irish residents;
1.2.3 you have read all the terms and conditions set out on this website and agree (on behalf of yourself and all other persons named on the booking) to be bound by them and any applicable booking conditions of the Supplier;
1.2.5 you are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
1.2.6 the person making the booking is at least 18 years old, and where placing an order for Services with age restrictions, you declare that you and members of your party are of the appropriate age of purchase for those Services, including any specific requirements that your Supplier may have, e.g. in the USA, you usually need to be at least 21 years old to check in at a hotel; and
1.2.7 you accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1.3 All bookings are subject to availability at the time of booking. We do not guarantee that any of the Services we advertise will still be available at the time of booking. We will let you know as soon as possible after placing an order if the Services you tried to book with us are not available.
2.1 Your booking is confirmed and a contract between you, us and the Supplier will only exist when we (or the Supplier) provide you with a booking reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to us immediately so that we can try to assist you.
2.2 Group bookings (a booking of more than 9 people) are not allowed. If you make multiple bookings for the same trip (for example one booking of six people and another booking of four people), it will be considered a group booking and may be cancelled by the Supplier.
2.3 Unless you have reserved a transfer separately, no flight or accommodation booking includes a transfer. Please ensure that the accommodation you have selected is accessible from the airport you have chosen to fly to.
2.4 If you advise us of any special requests these are not guaranteed.
2.5 If you are a United States citizen, tourist travel to Cuba remains prohibited. To travel to Cuba, you must obtain a licence from the US Department of Treasury or your travel must fall into one of the 12 categories of authorised travel.
3.1 Many Suppliers require you to take out travel insurance as a condition of booking with them. We strongly advise that you take out a policy of insurance to cover you and your party against the cost of cancellation by you, the cost of assistance (including repatriation) in the event of accident, illness or death, loss of baggage, money or any other belongings, and other expenses, as well as ensuring you have cover for any activities you have booked.
3.2 If you choose to travel without adequate insurance cover, we or the applicable Supplier will not be responsible or liable to you for any losses that you suffer in respect of which insurance cover was available.
4.1 To offer you the best possible choice and value you may be offered the option to select an inbound and outbound flight from different airline Suppliers. Each flight leg is booked as a separate booking with the airline Supplier and is subject to these T&Cs and the booking conditions of the relevant airline Supplier. Cancellation or change to a booking for one flight leg by either you or by the airline Supplier has no impact on any other remaining bookings for other flight legs or for other products.
4.2 Please note that a flight described as ‘direct’ will not necessarily be non-stop. The flight may touch down (e.g. to refuel, or to allow passengers to embark) while still utilising the same flight number.
4.3 The flight reference and check-in procedures are included in your Booking Confirmation. Some airline Suppliers will require you to check-in online. Failure to check-in online may result in check-in fees at the airport which you will be required to pay.
4.4 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.
4.5 The carrier(s), flight timings and types of aircraft shown on our website and detailed on your Booking Confirmation are for guidance only and are subject to alteration and confirmation. The latest flight timings will be shown on your booking vouchers You should check your booking vouchers very carefully immediately on receipt to ensure you have the correct flight times.
4.6 Flight times can change for several reasons. You should always look to reconfirm your flights 48 hours prior departure to ensure that no changes to your flight schedule has occurred. If flight times change, we will contact you as soon as we can to let you know.
4.7 The flight information advertised comes from all the major airlines. The data is regularly updated. Seat availability and pricing is at the airline Supplier’s discretion and is subject to availability. Please be aware that prices can fluctuate.
4.8 All airlines have a standard hand luggage allowance which is included in our online prices. The allowance you are entitled to will be shown in the booking conditions of your airline which are displayed at the bottom of your documentation. Where you require additional luggage allowance this can be added to the booking prior to checkout and paid for. Hand luggage must be no larger than the dimensions allowed by the airline Supplier for hand luggage. For further information please refer to the airline Supplier’s booking conditions.
4.9 Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline Supplier that charges for hold luggage, this charge is not included or displayed in our head line prices and the option to add this extra facility will be offered to you at the time of booking. Should you choose not to take any hold luggage on your trip then you will receive the standard hand luggage allowance as detailed in the airline Supplier’s booking conditions.
4.10 Our online prices do not include in-flight meals.
4.11 Flight extras (such as luggage and meals) that are added to your booking cannot be removed, cancelled, or refunded.
4.12 Most airline Suppliers have a policy that bookings are non-refundable.
4.13 We will usually purchase the flight seats on your behalf directly from the airline Supplier but some airline Suppliers may require us to use the payment details you provide to purchase the flight seats on your behalf and you agree that we can use the payment details you provide to do so. Where this is the case, you will see two separate transactions on your card statement – one will be for the cost of your flights with the airline Supplier and the remainder will be your payment to us, including our service fees.
4.14 We will usually provide you with the Booking Confirmation for your flight (and can assist with changes) but there may be certain circumstances where the airline Supplier may provide a Booking Confirmation directly to you, which will mean that we will be unable to access or make changes to your booking and any changes to your booking must be made by you, directly with the airline Supplier.
4.15 Where applicable, monies paid to us for flight Services are held by us on your behalf until they are paid to the airline Supplier in question. Please note that payment by you to us does not constitute payment to the airline Supplier until we make that payment on your behalf, but if we collect monies from the airline Supplier on your behalf, their liability to pay that money to you is discharged.
4.16 In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to 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 available for inspection at ec.europa.eu/transport/modes/air/safety/air-ban_en. In accordance with EU Regulations we are required to advise you of the operating carrier(s) (or, if the operating 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 will inform you of the identity of the operating 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. Any change in the identity of the airline, flight timings or aircraft type will not entitle you to cancel or change to other flight arrangements without paying charges, except where specified.
4.17 Under EU Law, you have rights in some circumstances to refunds or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers and claim directly against the airline. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If you are unable to claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
5.1 Check-in and Check-out
Unless otherwise requested at the time of booking, standard internationally accepted practice dictates that your accommodation will be booked from the day that you depart for the required duration. The dates and times of your accommodation booking will be included on your Booking Confirmation (please check this carefully). After registration, on arrival at your accommodation, you will be allocated a room. When travelling on flights departing the UK after midnight, your room will be reserved from the previous day. You must normally check-out of your room by 12 noon on the day before a night flight home or on the departure date for an evening flight. If we were not to book the accommodation until the day that you land (for flights landing in the early hours of the morning), you would not be able to access your room for several hours after your arrival in the accommodation.
5.2 Non-Refundable Rooms
If you book a non-refundable room, you will not be able to cancel or change your booking and no refund will be available.
5.3 Room Allocation
After registration/check-in at your accommodation, you will be allocated a room. You must verify the check-in and check-out times directly with the accommodation Supplier. The fact that rooms appear listed together on the same booking itinerary does not guarantee that they will be adjacent to one another or in close proximity.
5.4 Building and Maintenance
From time to time, maintenance, renovation or refurbishment and its associated noise are unavoidable at an accommodation. If we are notified of such works, we will inform you before you make your booking or within a reasonable time of us being notified. Please note that municipal works (e.g. road works) and other third-party building work in the vicinity of your accommodation is not the responsibility of the accommodation Supplier.
If you do not check-in at the accommodation by the agreed time (a ‘no-show’) you will be deemed to have cancelled the booking, which will incur cancellation charges of up to 100% of the booking fee.
6. ACCOMMODATION RATINGS AND STANDARDS
All ratings are as provided by the relevant Supplier. Standards and ratings may vary between countries and Suppliers. We cannot guarantee the accuracy of any ratings given.
7. PASSENGERS WITH REDUCED MOBILITY
You must advise us, prior to booking, of any conditions or disabilities that may affect your trip. Where possible, we will inquire with the Supplier about the suitability of the Service for you, but we can give no guarantees. Before making your booking, you should make your own independent enquiries to ensure the Service of your choice is suitable for your requirements.
8. DESCRIPTION OF SERVICES
All descriptions and content on our website or otherwise issued by us is done on behalf of the applicable Supplier and are intended to present a general idea of the Services provided by the Supplier. Not all details of the relevant Services can be included on our website. All Services shown are subject to availability. Please contact us if you require any further details about the Services.
We try to ensure that all the information and prices on our website or in any advertising material that we publish are accurate, but changes and errors sometimes happen and we may correct prices and other details. You must check the current price and all other details relating to the Services that you wish to book before you make your booking. Where the Service or price has been listed incorrectly and the booking has already been confirmed, we may cancel the booking and refund you.
10. VISA, PASSPORT AND HEALTH REQUIREMENTS
10.1 You must check and fulfil 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 or Consulates and your own doctor as applicable. Requirements change and you must keep yourself updated ahead of departure.
10.2 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.gov.uk/browse/citizenship/passports. Special conditions apply for travel to the USA, and all passengers must have individual machine-readable passports. Please check uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.
10.3 Up to date travel advice can be obtained from the Foreign and Commonwealth Office at www.gov.uk/travelaware.
10.4 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 through which you are travelling.
10.5 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.
11. FOREIGN OFFICE ADVICE
11.1 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We advise you to review any travel prohibitions, warnings, announcements, and advisories issued by The Foreign and Commonwealth Travel Advice Unit and displayed on their website.
11.2 You are responsible for making yourself aware of Foreign Office advice about the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a country may constitute extraordinary and unavoidable circumstances.
11.3 By offering services in an international destination, we do not represent or warrant that travel to such destinations is advisable or without risk, and we are not liable for damages or losses that may occur from travel to such destinations.
12.1 To confirm your booking, you must make any initial payment at the time of booking, as agreed by us on behalf of the Supplier, or payment in full, including applicable fees and charges. Your Booking Confirmation will set out the date by which the payment of the balance is due.
12.2 The local authorities in certain countries may impose additional taxes (tourist tax, etc), which must be paid locally (e.g. at the hotel). You are responsible for paying such additional taxes.
13. FAILURE TO MAKE PAYMENT
13.1 You must pay all amounts due to us on the payment due date specified at the time of booking and in your Booking Confirmation. If we are unable to collect any payment from you on the due date, we will contact you to enable you to make payment. Should we be unable to contact you or to collect payment within a reasonable timeframe, we may cancel your booking and you will forfeit all monies already paid by you. We may also be required to notify all other Suppliers who may take the decision to cancel your booking and charge the cancellation fees set out in their booking conditions. In these circumstances you will be liable to lose all monies previously paid.
13.2 Because of standard banking procedures, once you have made a booking for a Service that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will ‘ring-fence’ the full amount for the Service. If your booking is subsequently rejected by our system or cancelled for any other reason, your bank or card issuer will not transfer the funds for the booking to us, and will instead release the relevant amount back into your available balance. You agree that we will not be responsible or liable to you in relation to a delay by your bank or card issuer in the release of funds back into your account.
14. IF YOU CHANGE YOUR BOOKING
14.1 If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. If you want to change your booking, you can request to do this by accessing your booking online, through the ‘manage my booking’ or ‘live chat’ functionality. You will be asked to pay an administration charge of £25 per booking, as well as any costs charged by the Supplier. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
14.2 There are certain circumstances where we won’t charge the £25 per booking amendment fee. These include an amendment to either title, initial, first name or surname within 24 hours after Booking, a one letter change to a name, and any additions of passengers to the booking.
14.3 You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice as soon as possible and no later than 7 days before departure. Both you and the new traveller are responsible for paying all costs arising from the transfer.
15. IF YOU CANCEL YOUR BOOKING
15.1 You, or any member of your party, may cancel your travel arrangements at any time. If you want to cancel your booking, you can request to do this by accessing your booking online, through the ‘manage my booking’ or ‘live chat’ functionality. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):
15.1.1 all flights are non-refundable, so whenever you choose to cancel a 100% cancellation charge will apply for the flight component of your booking;
15.1.2 for all accommodation Services, you will be asked to pay a cancellation charge of £25 per booking, as well as any costs charged by the Supplier. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. NOTE: Non-refundable rooms always incur 100% cancellation charges; and
15.1.3 for all transfer Services, you can cancel free of charge outside of 72 hours before the date of travel, but any cancellation within 72 hours before the date of travel will incur a 100% cancellation charge.
16. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
16.1 Except where otherwise expressly stated in these T&Cs we will not be liable or pay you compensation if our contractual obligations to you are affected by extraordinary and unavoidable circumstances. “Extraordinary and unavoidable circumstances” means any event beyond our or the Supplier’s control, the consequences of which could not have been avoided, even if all reasonable measures had been taken. Examples include, warfare, acts of terrorism (or the threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease or pandemic, natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, or flight cancellations.
16.2 You have the right to cancel your confirmed multi-contract package before departure without paying a cancellation charge if unavoidable and extraordinary circumstances occur at your travel destination or its immediate vicinity significantly affecting the performance of the multi-contract package or significantly affecting transport to the destination. In these circumstances, we will provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Your right to cancel in these circumstances will only apply where the Foreign Office advises against travel to your destination or its immediate vicinity.
16.3 Certain Services may be affected as a result of the United Kingdom’s decision to leave the European Union, including the unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within, or through the EU. We will continue to monitor this and will advise you as soon as possible if we become aware of any confirmed bookings that will be affected. Any such change will be treated as extraordinary and unavoidable circumstances, and whilst we will try to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
17. CHANGES AND CANCELLATION BY THE SUPPLIER AND US
17.1 The Supplier may make an insignificant change to your Services at any time before the start of your multi-contract package. If the Supplier makes an insignificant change to your Services, we will try to let you know as soon as we can, but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the accommodation.
17.2 Occasionally the Supplier may have to make a significant change to your confirmed Services, e.g.:
17.2.1 a change to your flight time of more than 12 hours;
17.2.2 a change to your departure airport in the UK:
(a) of 100 miles from the original departure airport; or
(b) except within one of the following airport groups:
(i) the London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend;
(ii) the South Coast airports: Southampton, Bournemouth and Exeter;
(iii) the South Western airports: Cardiff and Bristol;
(iv) the Midlands airports: Birmingham, East Midlands and Doncaster Sheffield;
(v) the Northern airports: Liverpool, Manchester and Leeds Bradford;
(vi) the North Eastern airports: Newcastle and Teesside;
(vii) the Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen; and
(viii) the Irish airports: Dublin and Belfast;
17.2.3 you are moved to a different resort within the same destination to the one you booked;
17.2.4 you are moved to a different property to the one you booked of a lower star rating;
17.2.5 your room type is downgraded;
17.2.6 a major facility at your hotel is removed or significantly reduced; or
17.2.7 your board basis or meal plan is downgraded.
17.3 If there is a significant change to your multi-contract package:
17.3.1 we will tell you as soon as possible and if there is enough time before your departure, we will offer you the choice of:
(a) accepting the changed Services and if this results in a multi-contract package of lower quality or cost, you may be entitled to a price reduction;
(b) rejecting the proposed change, terminating your multi-contract package booking and receiving a full refund of all monies you have paid; or
(c) rejecting the proposed change, terminating your multi-contract package booking and taking an alternative one if we offer this and we will tell you how this may impact the price of your booking and any additional sums to be paid and if the alternative multi-contract package is of a lower quality or cost, you may be entitled to a price reduction; and
17.3.2 you must tell us what you decide, within 48 hours. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative Services.
17.4 If the Supplier cancels or makes a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
17.5 Even though we will try our best not to, we may have to cancel your multi-contract package, e.g. if the Supplier has cancelled a Service but we will let you know of it as soon as we can. We may offer you an alternative multi-contract package, and let you know of its impact on the price of your booking and any additional sums to be paid. If the alternative multi-contract package is of a lower quality or cost, you may be entitled to a price reduction. If we do not offer you an alternative multi-contract package, or if you reject the alternative multi-contract package, the multi-contract package will be cancelled and we will provide you with a full refund of any payments you have made for it.
17.6 You may be entitled to compensation as a result of our cancellation of your multi-contract package, except where we are prevented from providing the multi-contract package because of unavoidable and extraordinary circumstances and we notify you of the cancellation as soon as possible before the start of your multi-contract package.
18.1 If you are in difficulty for any reason while you are on holiday, we will offer you appropriate assistance, e.g. information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative Services. Where you require assistance that is not owing to our failure, we will not be liable for the costs of any alternative Services or other assistance you require. A Supplier may pay for, or provide, refreshments and appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these T&Cs, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation.
18.2 We may charge you a fee for our assistance if the difficulty is caused intentionally or negligently by you.
19.1 The Supplier is best placed to resolve your queries or concerns about your Services while you are on your trip and you should reach out to them to solve your issue. If you have a problem with your Services whilst using them, you must report this to the Supplier immediately. If you do not follow this procedure there will be less opportunity for the Supplier to investigate and rectify your complaint and the amount of compensation you may be entitled to may be reduced or extinguished.
19.2 Once you are home, if you remain unsatisfied and the Supplier has failed to resolve your issue, you can let us know, in writing by emailing us at firstname.lastname@example.org within 28 days of your return to the UK and we will try to assist in our capacity as an agent by liaising with the Supplier on your behalf.
19.3 If you feel we have not resolved your complaint, we are also an ABTA member. Our ABTA membership number is Y6720/P8283. ABTA and ABTA members help holidaymakers, who have purchased multi contract packages, get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, visit www.abta.com to use ABTA’s simple procedure. Further information on ABTA’s Code of Conduct and ABTA’s assistance in resolving disputes can be found on www.abta.com.
19.4 You can also access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us but it will not determine how your complaint is resolved.
20. YOUR BEHAVIOUR
20.1 You must conduct yourself in an orderly and acceptable manner and not disrupt the enjoyment of others. If in the Supplier’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or may cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier may terminate your booking immediately with no further liability to you. You or your party may also be required to pay for loss or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or loss must be paid directly to the Supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions, together with all costs we incur in pursuing any claim against you.
20.2 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.
21. OUR RESPONSIBILITIES IN RESPECT OF MULTI-CONTRACT PACKAGES
21.1 We are responsible for the proper provision of all the Services included in your multi-contract package, as set out on your Booking Confirmation. If we or the Suppliers negligently perform or arrange those Services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your multi-contract package, you may be entitled to an appropriate price reduction and compensation. The level of such compensation will be calculated taking into consideration all relevant factors, for example: following the complaints procedure as described in these T&Cs and the extent to which our, our employees’ or the Supplier’s negligence affected the overall enjoyment of your multi-contract package. You must show that we or the Suppliers have been negligent if you wish to make a claim against us.
21.2 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
21.2.1 your acts or omissions;
21.2.2 the acts or omissions of a third party unconnected with the provision of the Services forming part of your multi-contract package; or
21.2.3 extraordinary and unavoidable circumstances.
21.3 Any compensation we may have to pay you will be limited as follows:
21.3.1 you must have adequate insurance in place to cover loss of or damage to any luggage or personal possessions and money, so the maximum amount we will have to pay you for these types of claims is an amount equal to the excess on your insurance policy which applies to this type of loss per person in total;
21.3.2 the maximum amount we will have to pay you for claims that do not fall under section 21.3.1 or which don’t involve injury, illness or death, is up to three times the price paid by, or on behalf of, you and all the parties in the booking in total, and 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;
21.3.3 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 arising out of your multi-contract package booking as a result, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; and
21.3.4 when making any payment, we may deduct any money which you have received or are entitled to receive from the applicable Supplier for the complaint or claim.
21.4 We will not have to pay you compensation where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of the Suppliers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. The international conventions include the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We will have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the multi-contract package. Please ask us for copies of these international conventions if you would like to see them.
21.5 It is a condition of our acceptance of liability under this section that you notify any claim to us and the applicable Supplier in accordance with the complaint’s procedure set out in clause 19 of these T&Cs.
21.6 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years old) must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
21.7 We cannot accept any liability for any damage, loss or expense or other sums of any description that: (a) 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; or (b) relate to any business.
21.8 We will not accept responsibility for services or facilities which were not included on your Booking Confirmation or where they are not advertised by us, e.g. any excursion you book during your trip, or any service or facility which your accommodation or any other supplier agrees to provide for you.
21.9 Where it is impossible for you to return to your departure point as per the agreed return date, due to unavoidable and extraordinary circumstances, we will provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding 3 nights per person. The 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your multi-contract package.
22. ATOL PROTECTION
22.1 All monies you pay to us in respect of a multi-contract package covered by an ATOL is held by us on behalf of, and for the benefit of, the Trustees of the Air Travel Trust, except that we must pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us, or subsequently accepted from you by us, 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 ATOL Holder.
22.2 We provide financial protection for multi-contract packages which include flights, by way of the ATOL scheme, operated by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email email@example.com. Our ATOL number is 11806. When you buy a flight inclusive multi-contract package from us you will receive an ATOL certificate. The ATOL certificate provides information on what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the CAA website at www.caa.co.uk/atol-protection/. 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.
22.3 ATOL protection does not apply to all holidays and travel services listed on our website. Our website will provide you with information on the protection that applies in the case of each Service offered before you make your booking. If you do not receive an ATOL certificate, then the booking will not be ATOL protected. If you do receive an ATOL certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected.
22.4 We, or the Suppliers identified on your ATOL certificate, will provide you with the Services listed on the ATOL certificate (or a suitable alternative). In some cases, where neither we nor the Supplier can do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You accept that in those circumstances the alternative ATOL holder will perform those obligations and you must pay any money outstanding under your contract to the alternative ATOL holder. If it is not possible to appoint an alternative ATOL holder, you may make a claim under the ATOL scheme (or your credit card issuer where applicable).
22.5 If we, or the Suppliers identified on your ATOL certificate, cannot provide the Services (or a suitable alternative, including through an alternative ATOL holder) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. In return for such a payment or benefit you assign to those Trustees any claims which you have or may have arising out of, or relating to, the non-provision of the Services, including any claim against us, the travel agent or your credit card issuer where applicable. Any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
23. DATA PROTECTION
23.1 We will ensure appropriate security measures are in place to protect your personal information. The information you provide to us will only be passed:
23.1.1 to the applicable Suppliers or other organisations necessary for the provision and performance of your Services;
23.1.2 to public authorities, e.g. customs and immigration;
23.1.3 to security or credit checking companies to detect and prevent fraud; or
23.1.4 as otherwise required by law.
23.2 By making a booking with us you agree to the use and disclosure of the information you provide, including any special (sensitive) categories of information that you give to us, e.g. details of any disabilities, or dietary and religious requirements you may have, for the following purposes: (a) to enable us to process and fulfil your bookings (when it may be transferred abroad or to the Supplier), (b) if you purchase insurance we may process your information and pass it to insurers, (c) for market research and analysis, (d) to avoid fraud and to enable us or our representatives to contact you by letter, telephone or e-mail. You may unsubscribe from further contact at any time by clicking on the relevant link in any emails we send you.
24. LAW AND JURISDICTION
These T&Cs are governed by English law and the courts of England and Wales will have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).