Booking terms and conditions

Booking terms and conditions

Last updated: 30 November 2022

We are Thomas Cook Tourism (UK) Limited, a company registered in England and Wales under company number 12211539 and registered address at The Broadgate Tower, Third Floor, 20 Primrose Street, London, EC2A 2RS (“we”, “us” and “our”). References to “you” and “your” in these booking terms and conditions (the “T&Cs”) means all persons named on your booking (including anyone who is added or substituted at a later date). These T&Cs describe the terms on which we will facilitate the travel services you booked on our website, including your flight, accommodation, transfer, excursion, ticket and/or other travel requirements (the “Services”). Under these T&Cs, references to “Supplier” means the third-party supplier of the Services and references to us as the “agent” means the disclosed agent of the Services.

When booking through us, you may be booking a “Package Holiday”, which is either a ‘multi-contract package’ (that includes a flight and the cost of each Service booked is displayed) within the meaning of the term ‘package’ in the Package Travel and Linked Travel Arrangement Regulations 2018 (“PTRs”) or ‘single package’ (where the cost of your flight and hotel are displayed as a single price). The PTRs require us, as the package organiser, to assist you in certain situations. Our responsibilities are set out in these T&Cs. A Package Holiday (whether a multi-contract package or a single 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. Non-essential 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 Package Holiday, e.g., if you book a tourist Service after your arrival at your hotel.

You will benefit from all relevant and applicable EU rights applying to packages under the PTRs. We are responsible for facilitating the proper performance of the Package Holiday by the relevant Supplier/s. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the Package Holiday, to ensure your repatriation if we become insolvent. More information on key rights under the PTRs is available here.

Please note that you may book a “single Service” with us, i.e., where you book a single individual Service such as accommodation only, if this is the case, please refer to Part B of these T&Cs. Single Services are not afforded the benefit of the PTRs.

PART A

This section applies to both single Service and Package Holidays, save for exclusions to single Services as set out in Part B of these T&Cs.

1             YOUR CONTRACT

1.1         We are the package organiser and facilitator in respect of your booking. Our responsibilities are set out in, and limited to, these T&Cs. When making your booking, we will, at all times, act as your disclosed 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 clause 3.1). Your booking through us is subject to these T&Cs as well as 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;

1.2.4      you have read our privacy policy and consent to our use of personal data in accordance with our privacy policy;

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.            OUR RESPONSIBILITIES IN RESPECT OF PACKAGE HOLIDAYS

2.1         We are responsible for facilitating the proper provision of all the Services included in your Package Holiday, as set out on your Booking Confirmation. If the Suppliers do not perform those Services and, your complaint is not remedied or resolved within a reasonable period of time, and this has affected the enjoyment of your Package Holiday, 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 the non-performance affected the overall enjoyment of your Package Holiday.

2.2         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:

2.2.1      your acts or omissions;

2.2.2      the acts or omissions of the Supplier, in its provision of the travel service to you under and in accordance with the applicable Supplier terms and conditions, which fall beyond the scope of our duty as disclosed agent in our contract with you;

2.2.3      the acts or omissions of a third party unconnected with the provision of the Services forming part of your Package Holiday; or

2.2.4      extraordinary and unavoidable circumstances.

2.3         Any compensation we may have to pay to you will be limited as follows:

2.3.1      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;

2.3.2      the maximum amount we will have to pay you for claims that do not fall under clause 2.3.1 or which do not 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;

2.3.3      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 Package Holiday booking as a result, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; and

2.3.4      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.

2.4         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 Package Holiday. Please ask us for copies of these international conventions if you would like to see them.

2.5         It is a condition of liability under this section that you notify any claim to us and the applicable Supplier in accordance with the complaints procedure set out in clause 21 of these T&Cs.

2.6         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.

2.7         We cannot accept any liability for any damage, loss or expense or other sums of any description that: (i) 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 (ii) relate to any business.

2.8         We will be under no obligation to refund or reimburse you for any amounts in respect of any booking (or otherwise) where you have failed to comply with these T&Cs, unless otherwise required under applicable law.

2.9         We will not accept responsibility for facilitating 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.

2.10       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 Package Holiday.

3.            BOOKING

3.1         Your booking is confirmed, and a contract between you and us, and a contract between you 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.

3.2         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.

3.3         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.

3.4         If you advise us of any special requests, these are not guaranteed.

3.5         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.

4.            INSURANCE

4.1         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.

4.2         If you choose to travel without insurance or 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.

4.3         When making a booking, if you purchase travel insurance as part of the booking journey on our website and/or in response to an offer for travel insurance on our website:

4.3.1      the insurance purchased will not form part of your Package Holiday; and

4.3.2      please check your policy carefully to ensure that all the details are correct and that all relevant information has been provided by you as failure to disclose relevant information may affect your insurance; and

4.3.3      we act in capacity as distributor of the insurance only and shall have no liability to you for any claims (and you hereby waive any such claim) arising from the insurance. For more information on travel insurance made available by us, including submitting an insurance claim, please see Thomas Cook | Travel Insurance.

5.            FLIGHTS

5.1         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 changes 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.

5.2         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.

5.3         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.

5.4         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.

5.5         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.

5.6         Flight times can change for several reasons. You should always look to reconfirm your flights 48 hours prior to departure to ensure that no changes to your flight schedule have occurred. If flight times change, we will contact you as soon as we can to let you know.

5.7         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 the component prices within a package can fluctuate as a direct consequence of changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package; or (iii) the exchange rates relevant to the package.

5.8         Irrespective of its extent, a price increase shall be possible only if we: (i) notify you in clear and comprehensible language; (ii) provide a justification for the increase; (iii) provide the calculations of the relevant price increase; and (iv) notify you on no less than 20 calendar days before the start of the Package Holiday.

5.9         You shall also have the right to a price reduction corresponding to any decrease in the costs referred to in subparagraphs (i), (ii) and (iii) of clause 5.8 above that occurs after the conclusion of the contract, but before the start of the package. In the event of a price decrease, we shall have the right to deduct actual administrative expenses from the refund owed to you. At your request, we shall provide proof of those administrative expenses.

5.10       If the change amounts to a price increase of over 8% of the original package price you booked, we will inform you without undue delay and provide you with the option to either: (a) accept the proposed change; or (b) cancel the contract without paying a cancellation fee.

5.11       We shall without undue delay inform you of: (i) the proposed changes and their impact on the price of the package; (ii) a reasonable period within which you have to inform us of your decision regarding the change; (iii) the consequences of your failure to respond within the period referred in subsection (ii) in accordance with applicable national law; and (iv) where applicable, the offered substitute package and its price.

5.12       If the package is terminated by you as a result of a price increase of over 8% in accordance with clause 5.10, and you do not accept a substitute package, we shall refund all payments made by or on behalf of you without undue delay and in any event not later than 14 days after the contract is terminated.

5.13       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.

5.14       Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline Supplier that charges for hold luggage, either: (i) the option to add this extra facility will be offered to you at the time of booking; or (ii) the amount of luggage that is included in the price already will be displayed. 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.

5.15       Most of our online prices do not include in-flight meals. In general, most short and medium haul flights do not include in-flight meals and most long haul flights do. To confirm this please check your airline Supplier’s website. A link to this can be found on your booking summary and receipt.

5.16       Flight extras (such as luggage and meals) that are added to your booking cannot be removed, cancelled, or refunded.

5.17       We offer both non-refundable flights and flexible flights, and this will be displayed on our website before booking. Notwithstanding anything to the contrary in these T&Cs, if you are booking with an airline Supplier that has a policy that bookings are non-refundable, the ticket you are purchasing is not able to be amended or refunded in the event of a cancellation. If the flight you are booking is a flexible flight, then you will be able to amend your ticket before departure in accordance with the time periods set out in the airline Supplier terms and conditions by paying any airline Supplier amendment charges, any fare increases and the Thomas Cook administration charge as set out in clause 16.

5.18       We may charge service fees for bookings made by us on your behalf. Where the booking is made using our virtual credit card, an additional booking handling fee may apply. 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 and booking handling fees.

5.19       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.

5.20       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.

5.21       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 https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_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.

5.22       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 here 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 (which compensation we, in our sole discretion, may or may not offer), 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 of your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

5.23       For certain airlines, any claims for a refund or compensation must be made directly to that airline and not to us. This will be made clear to you in your booking summary and receipt.

6.            ACCOMMODATION

6.1         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 that departs after midnight on that day 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.

6.2         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. Deposit payment options are not available on bookings which include non-refundable rooms. Full payment is required at the time of the booking.

6.3         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.

6.4         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.

6.5         No-Show

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.

7.            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.

8.            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.

9.            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.

10.         ACCURACY

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.

11.         VISA, PASSPORT AND HEALTH REQUIREMENTS

11.1       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. You should attend required health checks and assessments with your doctor prior to travelling. Requirements change and you must keep yourself updated ahead of departure.

11.2       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.

11.3       Up to date travel advice can be obtained from the Foreign and Commonwealth Office at www.gov.uk/travelaware.

11.4       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.

11.5       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.

12.         FOREIGN OFFICE ADVICE

12.1       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.

12.2       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.

12.3       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.

13.         COVID-19 DISCLAIMER

13.1       In the event your booking, or part thereof, is cancelled by a Supplier or where your booking’s main characteristics have been altered significantly as a result of COVID-19 measures, we will work with Suppliers offering the services that you have booked to refund you for your travel arrangements in the following situations:

Situation              FCDO position at time of making your booking    FCDO position at the date of your departure (including up to two weeks before date of departure)

1.                           Non-essential travel is ok.                                           Non-essential travel is not advised.

2.                           Non-essential travel is ok.                                           FCDO advice is updated and requires quarantine or self-isolation measures either in the place of your destination or upon your return.

3.                           Non-essential travel is not advised.                           FCDO advice is updated and requires quarantine or self-isolation measures either in the place of your destination or upon your return.

 

13.2       Please note that we are unlikely to be able to refund you for your travel arrangements in the following situations:

Situation              FCDO position at time of making your booking    FCDO position at the date of your departure (including up to two weeks before date of departure)

1.                           Non-essential travel is not advised.                          Non-essential travel is not advised.

2.                           Non-essential travel is not advised.                          Non-essential travel is ok.

3.                           Non-essential travel is ok.                                           Non-essential travel is ok.

 

13.3       In any instance where you are paid a full refund directly by a Supplier, or you accept a free amendment or a voucher directly from a Supplier (“Alternative Arrangement”), in relation to a booking made with us you agree that we will not have to pay any refund to you in respect of that booking. If the Supplier makes a partial refund directly to you, then any refund payable by us to you in respect of that same booking shall be reduced accordingly. If you have already been paid a full or partial refund by us when you accept an Alternative Arrangement, you agree to immediately repay the relevant refund to us.

13.4       Despite the above, when you proceed to book and travel you, and anyone else travelling on your booking, agree to not hold us, our Suppliers or group companies responsible for any loss or damage suffered which cannot be excluded by law, including loss or damage arising from or in relation to:

13.4.1    any restrictions put in place by the government of the country you are travelling to;

13.4.2    any changes to your booking resulting from additional safety, cleaning or social distancing measures; and

13.4.3    travelling against FCDO advice.

13.5       We recommend that before making your booking you familiarise yourself with important information regarding the risk of travelling to your intended destination and any COVID-19 related restrictions that may impact your services being booked, provided by Sitata Inc (“Sitata”). The latest Sitata travel advice can be found here. We, however, shall not be responsible for loss or damage suffered, including loss or damage arising from or in relation to your reliance on information provided by Sitata.

13.6       The above does not affect any liability we might have to you which cannot be limited or excluded by law (including under the PTRs).

14.         PAYMENT

14.1       To confirm your booking you must, subject to 14.2 and 14.3 below, make any initial payment at the time of booking as agreed by us on behalf of the Supplier, or payment in full including all applicable fees and charges. Your Booking Confirmation will set out the date(s) by which the payment of the balance is due. Where you are paying by credit or debit card, payment will be deducted when we receive your request to make a booking.

14.2       Deposit

When you book Services that include refundable accommodation or a flight with certain Suppliers, a non-refundable deposit may be applicable and must be paid at the time of making your booking, subject to 14.3 below.

14.3       Low Deposits and Monthly Payments

A non-refundable low deposit per person, if applicable, will be displayed on the booking journey, and must be paid at the time of booking. Your Booking Confirmation will set out the date(s) by which the payment of the balance of your booking fee is due. If you have elected to pay the booking fee in monthly instalments, your Booking Confirmation will set out the date(s) by which the payment(s) of the balance of your booking fee is due. Should you cancel your booking before the balance of your booking fee is due, you will still be liable for the balance of the booking fee and the cancellation fee.

14.4       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.

14.5       Tokenisation

Where you have made a payment at the time of booking using a credit or debit card, any subsequent payments due as set out in your Booking Confirmation may be debited to the same credit or debit card as was used to make the initial payment. This will only apply where we have indicated in the booking journey that payments will be taken automatically.

14.6       If you choose to purchase travel insurance through us, you must also pay any applicable insurance premiums at the time of booking. Any travel insurance premiums paid to us are non-refundable subject to any cooling off period under applicable law.

15.         FAILURE TO MAKE PAYMENT

15.1       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 remain liable for the payment of all costs which we have incurred in respect of your booking which cannot be recovered from Suppliers (which we may recover by your forfeiting all or a portion of the monies already paid by you). Please note that the amount you may be liable for may exceed the amount which you have already paid. In the event of such cancellation, we may charge an administration fee of £75 to cover the cost of the collection of any outstanding payments due from you and for the processing of such cancellation. 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 similarly remain liable for amounts due to the other Suppliers in accordance with these T&Cs and any other applicable terms.

15.2       Because of standard banking procedures, once you have requested us to make 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.

16.         IF YOU CHANGE YOUR BOOKING

16.1       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 or contacting us. You will be asked to pay an administration charge of £50 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 arrangement.

16.2       There are certain circumstances where we won’t charge the £50 per booking amendment administration charge, but any costs charged by the Supplier will still be due. These include: (i) an amendment to title, initial, first name or surname, a one letter change to a name, or any additions of passengers to the booking, within 24 hours after booking; and (ii) the purchase of ancillary travel services.

16.3       You can transfer your booking to another person who satisfies all the conditions that apply to the 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, as well as one £50 booking amendment administration charge per transfer.

16.4       In respect of packages which include flight travel services, you are purchasing a package (as described in the PTRs) and not a single flight service. Consequently, the flight is only made available to you pursuant to the single or multi-contract package. Any changes to any package booking, which have the effect that the booking will fundamentally change into a flight only service, will result in a cancellation of the booking including your flight as we do not sell flights only (for example, you are not able to only cancel the accommodation component of your package and leave the flight component of your booking). Such cancellation may be subject to any cancellation charges as set out in clause 17 of these T&Cs and you will be required to book a new package or service with us.

17.         IF YOU CANCEL YOUR BOOKING

17.1       You, or any authorised 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 or contacting us. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges, which are reflective of the costs we incur as a result of cancellation, as follows (see also the exception below at clause 18):

17.1.1    where you have a flight that is a non-refundable and you choose to cancel, then, unless otherwise provided in the airline Supplier’s terms and conditions (for example, there may be a cooling-off period allowing cancellation within 24 hours of the booking subject to a refund less any applicable cancellation fee), a 100% cancellation charge will apply for the flight component of your booking as we will not be able to recover the cost of such booking from the airline Supplier;

17.1.2    for all accommodation Services, you will be asked to pay an administrative charge and any applicable Supplier charges. The accommodation Services Supplier may charge the cancellation or amendment charge shown in their booking conditions. You should be aware that these charges 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

17.1.3    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 as we will not be able to recover the cost of such booking on short notice from the transfer Services Supplier.

17.2       If you cancel your accommodation Services, you will be asked to pay an administrative charge of £75 for processing your cancellation request, as well as applicable Supplier charges. If you have already paid the full booking fee, you will not be required to pay the administrative charge of £75 and you may be entitled to a refund as per the applicable Supplier charges at the point of cancellation. As set out in clause 16.4, a cancellation of the accommodation Services component of your package booking which has the effect of changing the package booking into a flight only service will result in a cancellation of the booking, including cancellation of your flight.

18.         UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

18.1       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.

18.2       You have the right to cancel your confirmed Package Holiday 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 Package Holiday 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.

18.3       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.

19.         CHANGES AND CANCELLATION BY THE SUPPLIER AND US

19.1       The Supplier may make an insignificant change to your Services at any time before the start of your Package Holiday. 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.

19.2       Occasionally the Supplier may have to make a significant change to your confirmed Services, for example:

19.2.1    a change to your flight time of more than 12 hours;

19.2.2    a change to your departure airport in the UK of 100 miles from the original departure airport, except within one of the following airport groups:

(a)          the London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend;

(b)          the South Coast airports: Southampton, Bournemouth and Exeter;

(c)           the South Western airports: Cardiff and Bristol;

(d)          the Midlands airports: Birmingham, East Midlands and Doncaster Sheffield;

(e)          the Northern airports: Liverpool, Manchester and Leeds Bradford;

(f)           the North Eastern airports: Newcastle and Teesside;

(g)          the Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen; and

(h)          the Irish airports: Dublin and Belfast;

19.2.3    you are moved to a different resort within the same destination to the one you booked;

19.2.4    you are moved to a different property to the one you booked of a lower star rating;

19.2.5    your room type is downgraded;

19.2.6    a major facility at your hotel is removed or significantly reduced; or

19.2.7    your board basis or meal plan is downgraded.

19.3       If there is a significant change to your Package Holiday:

19.3.1    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 Package Holiday of lower quality or cost, you may be entitled to a price reduction;

(b)          rejecting the proposed change, terminating your Package Holiday booking and receiving a full refund of all monies you have paid; or

(c)           rejecting the proposed change, terminating your Package Holiday 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 Package Holiday is of a lower quality or cost, you may be entitled to a price reduction; and

19.3.2    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.

19.4       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.

19.5       Even though we will try our best not to, we may have to cancel your Package Holiday, 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 Package Holiday, and let you know of its impact on the price of your booking and any additional sums to be paid. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction. If we do not offer you an alternative Package Holiday, or if you reject the alternative Package Holiday, the Package Holiday will be cancelled and we will provide you with a full refund of any payments you have made for it.

19.6       You may be entitled to compensation as a result of our cancellation of your Package Holiday, except where we are prevented from providing the Package Holiday because of unavoidable and extraordinary circumstances and we notify you of the cancellation as soon as possible before the start of your Package Holiday.

20.         ASSISTANCE

20.1       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, as your disclosed agent 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.

20.2       We may charge you a fee for our assistance if the difficulty is caused intentionally or negligently by you.

21.         COMPLAINTS

21.1       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 and give the Supplier an opportunity to rectify any issues. 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.

21.2       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 submitting a ticket within 28 days of your return to the UK and we will try to assist in our capacity as a disclosed agent by liaising with the Supplier on your behalf.

21.3       If your issue concerns health and safety issues, the accommodation Supplier will correspond directly with you. Accommodation Suppliers are responsible for ensuring that a health and safety management system is in place and is used, and that the accommodation complies with necessary local and national laws, licenses and regulations related to tourist accommodation.

21.4       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 a Package Holiday 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 under 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 here.

21.5       You can also access the European Commission Online Dispute (ODR) Resolution platform here. This ODR platform is a means of registering your complaint with us but it will not determine how your complaint is resolved.

22.         YOUR BEHAVIOUR

22.1       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.

22.2       We have the right to stop you making any bookings, to cancel any bookings you’ve already made, and/or to stop you using online services, and/or our customer service if, in our opinion, your behaviour amounts to: (i) fraud or abuse; (ii) non-compliance with laws or regulations; or (iii) inappropriate or unlawful behaviour in relation to us or any of our Suppliers. We may terminate your booking immediately with no further liability to you. If you believe we have incorrectly cancelled your booking, you can let us know in writing by submitting a ticket.

22.3       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.

23.         ATOL PROTECTION

23.1       All monies you pay to us in respect of a Package Holiday covered by an Air Travel Organiser’s License (“ATOL”) are held by us on behalf of, and for the benefit of, the Trustees of the Air Travel Trust, except that we must pay such monies 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. For the purposes of this clause 23, and “ATOL Holder” means a person or company who holds an ATOL granted by the Civil Aviation Authority (“CAA”).

23.2       We provide financial protection for Package Holidays 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 claims@caa.co.uk. Our ATOL number is 11806. When you buy a flight inclusive Package Holiday 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 here. 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.

23.3       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.

23.4       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).

23.5       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.

24.         DATA PROTECTION

24.1       We will ensure appropriate security measures are in place to protect your personal information. The information you provide to us will only be passed:

24.1.1    to the applicable Suppliers or other organisations necessary for the provision and performance of your Services, including third parties such as bedbank suppliers and destination management companies;

24.1.2    to public authorities, e.g., customs and immigration;

24.1.3    to security or credit checking companies to detect and prevent fraud; or

24.1.4    as otherwise required by law.

24.2       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(s)); (b) if you purchase insurance we may process your information and pass it to insurers; (c) for market research and analysis; and (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.

24.3       For more information on how we use your personal data, please see our privacy policy and cookie policy.

25.         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).

PART B

This section only applies to single Services. When booking a single Service through us, the benefit of the PTRs shall not apply.

26.         APPLICABLE TERMS

26.1       When booking a single Service through us, these terms in Part B and the terms as set out in Part A shall apply to your booking, save that the following terms shall not apply: 2, 16.4, 18.2, 19, and 23.2 - 23.5.

26.2       Any reference made to “Package Holiday” in Part A shall be deemed to refer to a “single Service” in the case when you are booking a single Service through us.

27.         CHANGES AND CANCELLATIONS BY THE SUPPLIER

We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Services or to cancel them. We will also liaise between you and the Supplier in relation to any alternative Services offered by the Supplier, but we will have no further liability to you.

28.         LIABILITY TO YOU

As a disclosed agent under these T&Cs, we accept no responsibility for the acts or omissions of the Supplier or for the Services provided by the Supplier in relation to your single Service.