Terms and conditions
SKYBREAK BOOKING TERMS & CONDITIONS
Your booking is made with Airborne Representation Limited T/A Skybreak (company registered number: 05991705), whose registered office is at The Beehive, Beehive Ring Road, Gatwick, West Sussex RH6 0PA and whose principal office is at 324-325 North Wing, Concorde House, South Terminal, Gatwick Airport, West Sussex RH6 0DW (“Skybreak” / “we” / “us” / “our”).
A. FLIGHT CONTRACTS
We may act as the principal contracting party to provide you with flight(s), or act as agent for the relevant supplier / carrier / airline (Flight Supplier) who we put you into contract with for the flight(s) you wish to book. We will confirm to you at the time of booking whether we are acting as an agent for a Flight Supplier or whether we are acting as the principal provider for your flight. The contract for your flight (as confirmed at the time of booking) will exist as soon as we issue our confirmation invoice.
Where we sell as principal
Where we act as the principal supplier of your flight, then your contract is with us and we will be responsible to you for providing the flight booked in accordance with these Booking Terms and Conditions, which incorporate the carrier’s conditions of carriage (Conditions of Carriage).
Where we sell as agent
Where we act as agent for the Flight Supplier, we make the booking for your flight in accordance with the relevant parts of these Booking Terms and Conditions, but the Flight Supplier will be responsible to you in relation to the flight provided in accordance with the Flight Supplier’s own terms and conditions (Flight Supplier Conditions) which if the Flight Supplier is not the carrier will also incorporate the carrier’s Conditions of Carriage. We accept no responsibility for the acts or omissions of the Flight Supplier or for the services provided by them.
Flight Supplier Conditions and Conditions of Carriage
Where we are acting as agent, we will make you aware of the Flight Supplier Conditions (and any Conditions of Carriage), and where we are acting as principal we will make you aware of the Conditions of Carriage, in both cases prior to or at the time of booking. We advise you to request copies of these and to read them carefully as they contain important information about your booking and your contractual relationship with the Flight Supplier and/or the ultimate carrier. They may contain terms that limit or exclude liability and affect your rights to compensation.
Your Financial Protection
If you buy an ATOL protected flight from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Not all flights that you buy from us are ATOL protected - for example where we issue you a ticket immediately or where we act as an agent for a Flight Supplier we are not required to issue you with an ATOL Certificate.
When you buy a flight from us that is protected by our ATOL licence (number 9412), then in the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced flight booking which is ATOL protected. For further information, visit the ATOL website at www.atol.org.uk. The price of the flight includes the applicable amount per person of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.
Where we issue you with an ATOL certificate, 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 are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) 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. You agree that in return for such a payment or benefit you assign absolutely 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). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Please note that in accordance with Air Navigation Orders a child must be under 2 years of age on the date of his/her return flight in order to qualify for infant status.
Refusal of Entry
It is your and your travelling party’s responsibility to ensure that they can meet the immigration requirements of the destination country. For example passengers may require visas, a return reservation and proof that they can financially support themselves for the duration of their stay. Great care should be taken to comply with the above as the financial penalties associated with refusal of entry by the immigration authorities are severe.
If you are denied entry into any country, the fare collected for carriage to the point of refusal or denied entry will not be refunded by us, and you may be responsible to any Flight Supplier (or the carrier as the case may be) for any fine or charges assessed against the Flight Supplier or the carrier by the Government concerned and for the cost of transporting you from that country.
B. NON-FLIGHT CONTRACTS
If we make a booking for you for services other than for a flight, (which may include a booking for an airport lounge, airport hotel, airport parking, or other travel services) (Non-Flight Services), then we make the booking in accordance with the relevant parts of these Booking Terms and Conditions, but the supplier of the Non-Flight Services (Non-Flight Supplier) will be responsible to you in relation to those service in accordance with the Non-Flight Supplier’s own terms and conditions (Non-Flight Supplier Conditions). We act as agent for the Non-Flight Supplier who we put you into contract with for the Non-Flight Services that you wish to book. We accept no responsibility for the acts or omissions of the Non-Flight Supplier(s) or for the services provided by them. We will make you aware of the existence of the Non-Flight Supplier Conditions prior to or at the time of booking. We advise you to request a copy of these and to read them carefully as they may contain terms that limit or affect your rights or the Non-Flight Supplier’s liability.
C. GENERAL TERMS AND CONDITIONS
When you make a booking with us you guarantee that you have the authority to accept, and do accept on behalf of your party, these Booking Terms and Conditions, together with any relevant Third Party Principal Terms. You also guarantee that you are at least 18 years of age.
It is also agreed by both parties that this contract is deemed to have been made at our offices and is subject to the laws of England and any dispute or claim under it will be submitted to the non-exclusive jurisdiction of the English courts
1. MAKING YOUR RESERVATION WITH SKYBREAK
1.1 Once we have processed your booking and this has been accepted by:
(a) us where we are acting as principal supplier; or
(b) the relevant Third Party Principal (which for the purpose of these Booking Terms and Conditions means either the Flight Supplier or the Non-Flight Supplier as the case may be) where we are acting as agent
we will issue a confirmation invoice/receipt, at which time a contract comes into existence between:
(c) you and us for any services we agree to supply as principal on these Booking Terms and Conditions; and
(d) you and the Third Party Principal on the Third Party Principal Terms (which for the purpose of these Booking Terms and Conditions means either the Flight Supplier Conditions or the Non-Flight Supplier Conditions as the case may be) and where relevant these Booking Terms and Conditions.
1.2 The price in respect of the flight and/or Non-Flight Services is payable in full at the time you book your flight and/or Non-Flight Services.
1.3 If we do not receive monies due to us and/or Third Party Principals by their due dates (as notified to you), we reserve the right to treat your booking as cancelled and levy any applicable cancellation charges in accordance with these Booking Terms and Conditions and any relevant Third Party Principal Terms.
1.4 We levy a charge of 3% of the transaction value where payments are made by credit card, depending on the credit card provider rate. We may also charge a service fee for the services we provide to you.
2. PRICES AND COSTS
2.1 The cost of your flight and/or any Non-Flight Services, inclusive of all taxes and fees will be presented to you at the time of booking. There may be additional costs that you will have to pay in connection with any flight(s) imposed by the Flight Supplier or the carrier, including but not limited to:
(a) a charge for infants under two years.
(b) excess luggage charges and fees for carriage of sport or other equipment.
(c) special catering requirements or other particular requests.
(d) meals where the carrier does not provide them as part of the fare,. Please check this at the time of reservation. The carrier may change its policy on providing a meal / catering / service on board and Skybreak are unable to offer any form of refund or compensation in the event of these policy changes by the carrier.
(e) upgrades or individual benefits offered by carriers which are not offered to us for onward sale to you.
(f) checked baggage charges, if applicable.
Note that you may incur additional charges or surcharges under any relevant Third Party Principal Terms /or the Conditions of Carriage, which shall be confirmed to you at the time of your booking.
2.2 We present options for your flight and/or Non-Flight Services that are made available to us through a variety of booking engines and suppliers we have access to. Prices are dependent on a variety of factors and can fluctuate from time to time. We do not guarantee that the options we present to you will be the cheapest available.
3. IF YOU WISH TO CHANGE YOUR TRAVEL ARRANGEMENTS
If you need to request a change to your booking, you can do so by notifying us at email@example.com or visiting a Skybreak service desk at Gatwick Airport. We charge a £25 administration fee payable in relation to making such required changes. Please note that any changes can only be made:
(a) where we are acting as agent for a Third Party Principal, in accordance with the relevant Third Party Principal Terms, and if changes are permissible, you may be required to pay additional fees or charges imposed by the Third Party Principal, which you will need to pay to us on the making of the change; and
(b) where we are the principal supplier of services, to the extent that our own suppliers permit changes, you may be required to pay us additional fees or charges on account of any fees or charges our suppliers charge us, which you will need to pay to us on the making of the change.
4. IF YOU WISH TO CANCEL YOUR BOOKING
If you wish to cancel your booking for you or on behalf of any other member of your party, you must email firstname.lastname@example.org or visit a Skybreak service desk at Gatwick Airport. Where:
(a) we are acting as agent for Third Party Principals, if the Third Party Principal allows refunds or partial refunds, we will apply for the refund from the Third Party Principal and we will confirm whether the Third Party Principal will accept such an application for a refund, in accordance with the Third Party Principal Terms; or
(b) we are acting as principal, if our suppliers allow refunds or partial refunds, we will apply for the refund and we will confirm whether the supplier will accept such an application for a refund.
No refunds will be made by us until a credit is received from our supplier (where we are acting as principal) or the Third Party Principal (where we are acting as agent). In all cases: (a) any applicable airline charges must be paid by you directly; (b)credit card fees are non-refundable in any event;(c)an administration fee of £50 per flight ticket is payable to us and will be deducted from all refunds; (d) Skybreak is not responsible for any differences due to currency fluctuation; and (e) any administration charges incurred prior to the cancellation of a booking must be paid in full by you when the booking is cancelled.
NB: If the reason for your cancellation is covered under the terms of your insurance policy then you may be able to recover the charges from your insurance company under that policy.
5. IF WE CHANGE YOUR FLIGHT BOOKING
This clause 5 applies to any alternations we make to flights we have agreed to supply to you as principal supplier. Terms relating to alterations of flights to be supplied by Third Party Principals are governed by the relevant Third Party Principal Terms.
Flights are planned many months in advance and occasionally we have to make changes to your flight because of unforeseen circumstances. We may need to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you. We reserve the right to make such minor changes for any reason whatsoever at any time. Most changes are of a minor nature and we will advise you or your travel agent of them as soon as possible before your departure or your return. Flight timings and departure airports are for guidance only. The details as then known will be stated on your latest dated documentation that should be checked when you receive it. Alternatively we will notify you as soon as is reasonably possible if there is time before your departure and in all cases at check-in or at the boarding gate.
Any changes to your flight will fall into one of the categories below.
Any change of departure or return flight by less than 12 hours is regarded as a minor change. A change of airport between London Gatwick, Luton, Heathrow or Stansted is also regarded as a minor change. Changes to aircraft type, airline / carrier, catering, stops on route for any reason details are similarly regarded as minor changes.
If we advise you of a minor change you may cancel your booking, but full cancellation charges will apply, in accordance with Clause 4 in these Booking Terms and Conditions, and compensation payments will not apply.
Any change of more than 12 hours and less than 15 hours for a flight departure is classed as an intermediary change and you will be offered the opportunity to cancel your booking with a full refund of all monies paid, however we will be under no further liability to you whatsoever. If we have to make an intermediary change compensation payments will not apply.
A change of departure or return time of more than 15 hours from the original time is regarded as a major change. A change of UK departure airport (except between Gatwick, Luton, Heathrow and Stansted or where a coach transfer is provided) is regarded as a major change, as is a change to your arrival or departure airport outside of the UK.
If we make a major change to your flight, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure.
Should you decide not to accept a major change to your flight that is advised to you prior to your departure, you may cancel your booking within either 7 days of the receipt of notification or 3 days of the receipt of notification if departure is within 7 days of the notification of the change, but no later than the day before departure provided we have already given you notice at that time. We will refund all monies paid by you unless a more suitable flight becomes available in the interim. You have the choice of either accepting the change of arrangement, accepting an offer of alternative travel arrangements of comparable standard from us (if available) or cancelling your booked flight and receiving a full refund of monies paid. If we do not receive notification within these timescales, monies will not be refunded. Your notification of cancellation must be sent to our operations department by recorded letter, facsimile or email to email@example.com
Compensation payments will be made when a major change arises, except where the major change arises due to reasons of force majeure (see further below), in line with the following compensation scales. Where compensation is due it will be paid according to the following rates:
More than 6 weeks Nil
Between 4-6 weeks = £10.00 per person
Between 1-4 weeks = £15.00 per person
Less than 1 week = £30.00 per person
Compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Skybreak does not offer compensation for inconvenience or loss of personal / business time caused by schedule changes or flight delays. Similarly, it is not possible to obtain refunds for any unused accommodation or facilities in the event of any schedule changes or delays.
When you accept the major or the intermediate change, the contract between us will be varied to incorporate the change.
6. IF A THIRD PARTY PRINCIPAL OR WE CANCEL YOUR BOOKING
Cancellation of your booking by a Third Party Principal shall be governed by the relevant Third Party Principal Terms and we shall have no liability to you other than to apply for any refund you may be entitled to on your behalf and if requested.
Where we are acting as principal, we will not cancel your booking after the date specified on the final invoice for payment unless monies have not been paid as required under these Booking Terms and Conditions or such cancellation is due to reasons of force majeure (see further below). For the purpose of this section, a cancellation includes a change of flight time of more than 24 hours or a change of airport to one which is substantially less accessible to you which does not include changes between Gatwick, Heathrow, Luton and Stansted or where coach transfers are offered. If we are forced to cancel your booking for any reason after the date on which final payment is due then we will offer an alternative flight of equivalent value or a flight of lesser value and refund the difference (if available) or make a full refund of all monies paid if either there is no alternative flight at the time of cancellation or the alternative flight is unacceptable.
7. FORCE MAJEURE
Except where otherwise expressly stated in these Booking Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of ‘force majeure’. In these Booking Terms and Conditions, ‘force majeure’ means any event which we could not, even with all due care and attention, foresee or avoid, and which are outside of our reasonable control. Such events may include (but are not limited to) actual or threatened war, riot, civil unrest or strife, terrorist activity or threatened terrorist action, industrial dispute or strike action, nuclear disaster, natural / environmental disasters, extreme or adverse weather conditions, fire and all similar events outside our control.
8.1 You are responsible for ensuring that you and all members of your party comply with these Booking Terms and Conditions together with any other rules, laws, regulations or orders in relation to your booking and any relevant Third Party Principal Terms and Conditions of Carriage.
8.2 Our liability, except in cases involving death, injury or illness, shall be limited in accordance with this Clause 7.
8.3 Where we are acting as agent, we do not accept responsibility or liability for any services supplied by a Third Party Principal. The Third Party Principal will be liable to you in accordance with the Third Party Principal Terms.
8.4 Subject to the other clauses of this Agreement limiting our liability, our maximum liability to you is limited to amounts you have paid to us.
8.5 Note that under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights (EU Regulation 261/2004 (Denied Boarding and Cancellation Regulations)). Full details of these rights will be publicised at EU airports and will also be available from airlines. Your right to a refund and/or compensation from the relevant airline is either set out in the the carrier’s Conditions of Carriage or as detailed in the applicable EU Regulations. If any payments to you are due, these will be paid to you by the airline. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council on 020 7240 6061 (http://www.auc.org.uk).
9. TRAVEL DOCUMENTS
The passport, visa and health requirements at the time of booking your flight are shown on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before travel. If you or any member of your party is not a British Citizen or holds a non-British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
10. SPECIAL REQUESTS
If you have any special requests, please tell us before you book and where possible we will pass on your requests to the relevant Third Party Principal or our own supplier and request them to advise whether the requests can be met. We do not guarantee that our supplier or any Third Party Principal will be able to meet a special request, and even if they advise that they can, additional costs or conditions may be applicable. Our obligation is limited to passing on your request and advising of any outcome we receive within a reasonable timescale.
11. UNACCOMPANIED MINORS
We do not accept bookings for any children travelling alone under 16 years of age on the date of travel unless accompanied by an adult aged 18 years or over.
We have enviable customer service records and it is unlikely that you will have any cause for complaint regarding the services we provide to you. Please take careful note of our complaints' procedures as it is absolutely essential that if you do have a complaint you accurately follow the procedures set out in this paragraph. These procedures are designed to allow any difficulties to be resolved as efficiently as possible, and if you do not follow them we may be unable to consider any complaint made after the end of your travel arrangements. You must first report any problem to us either in person (if at the Gatwick Airport service desk) or through the contact telephone number provided to you on your travel documentation. If, after taking these steps, you remain dissatisfied you must request and complete a report form. If you wish to make a complaint after your return home you must do so in writing to our offices by recorded or registered mail to arrive no later than 28 days after the completion of your travel arrangements. You must enclose a copy of your report form. Please note we are not responsible for any services provided by a Third Party Principal and you should take up any complaints with respect to such services. We will only consider complaints regarding the services provided by us, which where we are acting as an agent is generally limited to us putting you into contract with the Third Party Principal supplying the services.
13. HEALTH REGULATIONS
You are recommended to obtain a copy of the leaflet "Health and Advice for Travelers" published by the Department of Health which is available from most post offices or by telephoning 0800 555777 prior to travel. If you are pregnant, before confirming your booking please check to ascertain whether the airline on which you will be flying will accept your reservation as restrictions may apply.
14. DATA PROTECTION