SKYBREAK BOOKING TERMS & CONDITIONS
Your booking is made with Airborne Representation Limited T/A “Skybreak”, “Teleticket” or “MissedaFlight” (company registered number: 05991705), whose registered office is at Encombe House, Estate Office, Corfe Castle, Wareham, Dorset BH20 5LW and whose principal office is at Room 3017 Balcony Office, South Terminal, Gatwick Airport, West Sussex RH6 0NP (“Skybreak” / “Teleticket” / “MissedaFlight” / “Your Service Centre” or any other brand operated by us, as the context may require, or / “we” / “us” / “our”), unless otherwise stated at time of booking or within these Booking Terms and Conditions.
- FLIGHT ONLY OR INDIVIDUAL ITEM CONTRACTS
Where we arrange flight-only services, or book other individual travel services, for you then we may sell these to you in the following ways:
- Teleticket – Where you purchase a flight arrangement through our Teleticket brand (whether over the telephone, by email or through our website), we will be taking payment for your flight arrangements (which we arrange for you acting as principal) and we will issue you with an ATOL Certificate for your flight and all travel services that may be covered under your ATOL Certificate, in accordance with these Booking Terms and Conditions. Please note that we may not act as principal for the other travel services that may be included on your ATOL Certificate and in such instances, we will act as an agent and we will have sold you a multi-contract package, with the other Suppliers being responsible to you in accordance with these Booking Terms and Conditions.
- Skybreak / missedaflight / Your Service Centre – Where you purchase a flight arrangement through Skybreak, missedaflight or Your Service Centre, we will be acting as the principal. However, we will not be required to issue you with an ATOL Certificate where a ticket has been issued by the airline, which shall be declared to you at the time of booking and issue you with an eticket or other ticket.
- Business house sales – Where sales are made on behalf of business customers and agreed payment terms are post flight, then such arrangements will not be ATOL protected. We may assist airlines in helping disrupted passengers, under our arrangements with them. In such instances, we will be paid by the airline or business house customer under those arrangements and you will not be required to make any payment to us for the cost of any rearranged flight or other travel services. As you will not be making payment to us for any monies from you, we will not be issuing you with an ATOL Certificate and we will not be required to financially protect the arrangements we organise for you, on behalf of the airline.
- Accommodation only / other single travel services – Where we arrange single travel services for you that are not flights (eg, accommodation, car hire, coach transport, etc), then we will be making such bookings as an agent and the relevant Suppliers will be responsible to you for the travel services provided. We may be paid a fee by the Supplier, as commission for arranging the travel services on your behalf. Please note that where we arrange these travel services for you, we may do so directly into the Supplier’s (or their authorised agent’s) booking systems, in order to confirm the booking details to you. Where we do arrange bookings through the Supplier’s (or their authorised agent’s) systems, we may also make payment for those travel services directly into those systems, whether using our own payment devices or your credit card, where you have agreed to provide this to make such payment. In such circumstances, the Suppliers (or their authorised agents) are directly responsible to you in relation to such booking, including the processing of the payment by the Supplier or its authorised agent, and shall be subject to their terms and conditions relating to the booking taken (as Supplier Terms, please see further below).
- PACKAGE CONTRACTS
Where you make a booking for travel services in addition to a flight, then we will confirm to you at the time of booking what you are purchasing and whether this creates a package for which we will be responsible to you to provide as booked. These Booking Terms and Conditions confirm the terms that apply when you do book a package with us, including the financial protection provided as per the Package Travel and Linked Travel Arrangements Regulations 2018, which can be found here: http://www.legislation.gov.uk/uksi/2018/634/pdfs/uksi_20180634_en.pdf.
- HOW WE SELL
We may act as the principal contracting party to provide you with flight(s) or other travel services, or we may act as agent for the relevant supplier / carrier / airline you wish to book with through us (eg, accommodation, car hire, other transport arrangements, etc) (“Supplier”), who we put you into contract with for the flight(s) or other travel services. We will confirm to you at the time of booking whether we are acting as an agent for a 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 or other arrangements you book, 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), available at the time of booking or on request.
Where we sell as agent
Where we act as agent for the Supplier or other principal Suppler of arrangements you book through us, we make the booking for your flight or other travel services in accordance with the relevant parts of these Booking Terms and Conditions, but the Supplier will be responsible to you in relation to the flight provided in accordance with the Supplier’s own terms and conditions (Supplier Conditions), which if the Supplier is not the carrier will also incorporate the carrier’s Conditions of Carriage (as per clause 20). We accept no responsibility for the acts or omissions of the Supplier or for the services provided by them where we act as the agent when selling those arrangements to you.
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, which apply to all bookings with us, as set out in these Booking Terms and Conditions. You also guarantee that you are at least 18 years of age. Please therefore read these Booking Terms and Conditions carefully. All bookings made by you and accepted by us are subject to these Booking Terms and Conditions. Any variations to these Booking Terms and Conditions shall only be valid if they are agreed to in writing by one of our directors.
Your contract for the travel services you wish to book (as confirmed at the time of booking) is with us in relation to the arrangements organised by us or where we act as principal, unless we are acting as an agent of the Supplier and this will be confirmed to you at the time of booking. When you buy an ATOL protected flight or flight-inclusive package from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number 9412. A contract for your arrangements you book with us (as confirmed at the time of booking) will exist as soon as we issue our confirmation invoice.
YOUR FINANCIAL PROTECTION
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, where an ATOL certificate has been issued. Financial protection for flight arrangements and flight-inclusive packages is provided to you through our Air Travel Organiser’s Licence number 9412 issued by the CAA of 45-59 Kingsway London WC2B 6TE www.caa.co.uk. When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). 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 or communicated prices. Any money paid by a customer to a travel agent in respect of flights is held by the travel agent on our behalf under the standard terms which apply to our ATOL licence issued by the Civil Aviation Authority. In some cases, where we aren’t 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 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.
Where you purchase flights or arrangements from us which are not ATOL protect, then you will not receive any financial protection from us for the arrangements booked. However, where your flight reservation has been confirmed with the airline, you will not be affected by our insolvency.
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. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
When you book a flight or other arrangements with or through us you accept responsibility for the proper conduct of you and your party. We reserve the right to terminate your booking, or that of any member of your party, due to misconduct, in accordance with these Booking Terms and Conditions. These Booking Terms and Conditions are the basis of the contract between us. Please take the time to read every paragraph carefully.
MAKING YOUR RESERVATION WITH US
1.1 Once we have accepted your booking electronically or in writing and issued our confirmation invoice, or we accept your travel booking via your travel agent, a contract comes into existence between us and/or any applicable Suppliers, incorporating these Booking Terms and Conditions (where applicable).
1.2 If we do not receive monies due to us 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 Supplier Terms.
1.3 Please note that you will not receive a reminder that the final payment is due and payment must be received by us in sufficient time to allow for clearance by the due date for payment.
2. PRICES AND COSTS
2.1 The cost of your flight or flight-inclusive package is as listed on our website or provided to you prior to booking, as confirmed in your booking confirmation. We reserve the right to alter the prices of the flights or flight-inclusive packages that may have been displayed prior to your booking and you will be advised of the current prices before your booking is confirmed. The cost of your flight or flight-inclusive arrangements includes all applicable taxes and fuel supplements. There may be additional costs that you will have to pay in connection with your flight or flight-inclusive arrangements, including but not limited to:
- A charge for infants under two years (see Clause 12).
- Excess luggage charges and fees for carriage of sport or other equipment.
- Special catering requirements or other particular requests.
- Please note, your airline may not provide a meal, hence the airline may charge when applicable. Please check at the time of reservation. The airline may change its policy on providing a meal / catering / service on board and we are unable to offer any form of refund or compensation in the event of these policy changes by the airline.
- Upgrades or individual benefits offered by airlines which are not offered to us for onward sale to you.
- Checked baggage charges, if applicable.
Once you have made your booking and paid all relevant monies to us, we will not increase the price of your transport arrangements. Changes in the price of your travel arrangements can be made due to changes in: transportation costs i.e.. the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources,; the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or exchange rates, mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, excluding insurance premiums and any amendment charges, will be absorbed by us. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (and we will refund any price difference if the alternative is of a lower value), or cancel and receive a full refund of all moneys paid, except for any amendment charges. Should you decide to cancel: (1) you must do so within the time period shown on your final invoice; (2) we will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer of reuse your policy. Whether you cancel or not you will also be entitled, under the terms set out in respect of major changes (Alterations and Cancellations by us) to accept from us an offer of alternative travel arrangements if we are able to do so and compensation as set out below. Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
3. IF YOU WISH TO CHANGE YOUR TRAVEL ARRANGEMENTS
Tickets for flights only are prima facie evidence of the contract between us and you (or you and the Supplier, as relevant) for flights and will only refer to the person(s) travelling under that ticket.
If, after our confirmation has been issued, you wish to change your booking to another flight or flight-inclusive package, or modify, at any time, the travel arrangements shown, we will do our utmost to make the changes provided that notification is received in writing at our offices from the person who is the lead customer for your booking. We reserve the right to charge an administration fee, as follows, per person in order to process that change, in addition to any further cost in making the alteration:
- Teleticket bookings - £100 plus difference in fare
- Skybreak, missedaflight and Your Service Centre bookings – if the ticket is changeable (as tickets are generally sold on a non-changeable, non-refundable basis for flights), £50 plus difference in fare
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. Please note that 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.
You, or any member of your party, may cancel your flight or flight-inclusive package at any time provided that notice of the cancellation is made to our offices by the person noted as the lead customer for the booking and is in writing. As certain travel arrangements and bookings cannot be changed after confirmation, cancellation incurs administration costs, we will retain your deposit (if payable), and in addition may apply cancellation charges up to the maximum shown in clause 4 below.
No refund will be given after the commencement of travel except at our discretion. Please note that if the reason for your cancellation is covered under the terms of your insurance policy then you may be able to reclaim these charges.
You can cancel your booking without paying cancellation charges if the performance of any flight-inclusive package that you may have booked, is significantly affected by unavoidable and extraordinary circumstances. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include (but are not limited to) actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
Where you have booked a package, you can transfer your booking to another person, who satisfies all the conditions that apply to your booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer of the package.
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, written notice must be sent to us at our principal office (at Airborne Representation Ltd, Room 3017, South Terminal, Gatwick Airport, RH6 0NP) by recorded delivery, facsimile or email to
- email@example.com, for Teleticket bookings;.
- firstname.lastname@example.org, for Skybreak bookings; and
- email@example.com, for Missedaflight bookings.
The cancellation is only effective from the date written notice of cancellation is acknowledged as received in our offices, during opening hours. In the event of cancellation the following charges apply.
The cancellation charges may be 100% of the price paid for your flight, once the booking has been accepted by us, depending on what has been confirmed to you at the time of booking. We will confirm to you at the time of booking whether the flight arrangements are cancellable and what cancellation charges may apply to your booking.
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 reclaim the charges from your insurance company under that policy.
5. IF WE ALTER YOUR BOOKING
Travel arrangements may be made many months in advance and occasionally changes may be required to your flight or flight-inclusive arrangements because of unforeseen circumstances. For flight-only arrangements that we arrange for you, we may make changes, without any further responsibility to you other than to notify you of the changes, or where we act as agent for Suppliers, changes as allowed in the Suppliers Terms.
For flight-inclusive package arrangements that we may sell to you, 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 or flight-inclusive package arrangements 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, Stansted or London City 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, however 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, Stansted and London City), where a coach transfer is provided is regarded as a major change, as is a change to your resort airport.
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. We will refund all monies paid by you unless a more suitable flight or holiday becomes available in the interim (and we will refund you any difference in price if the alternative is of lower cost). 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 or flight-inclusive package and receive a full refund of monies paid. Your notification of cancellation must be sent to our operations department by recorded letter or email (to the relevant email address as detailed in the notification of the change).
Compensation payments will be made when a major change arises, except where the major change arises due unavoidable and extraordinary (see further at Clause 7 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.
We do 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 WE CANCEL YOUR BOOKING
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 unavoidable and extraordinary circumstances (see further at Clause 7 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, Stansted and London City 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.UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
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 / proper 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 unavoidable and extraordinary circumstances.
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.
8.2 For packages that you book with us, you must inform us without undue delay of any failure to perform or improper performance of the travel services included in the package sold to you by us. If any of the travel services included in your package are not performed in accordance with the contract, or any improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation, or both. However, we will not be liable where any failure to perform or improper performance of the travel services is due to you or another member of your party; or a third party unconnected with the provision of the travel arrangements and whether the failure is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances (as defined above) beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
8.3 If any contract we have with you for flight-only arrangements (where we are acting as the contract principal and not an agent) is not performed or is improperly performed by us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable to you where any failure in the performance of the contract is due to:
- the acts and/or omissions of you, a member of your party or a third party unconnected with the provision of the travel arrangements, and where the failure is unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which we or our suppliers, even with all due care, could not foresee or forestall.
8.4 Our liability to you in respect of flight-inclusive packages, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
- the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
- in accordance with Clause 8.9 below.
8.5 Our liability to you in respect of flight-only arrangements, except in cases involving death, injury or illness, shall be limited to a full refund of monies paid for the flight arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
- the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
- in accordance with Clause 8.9 below.
8.6 We promise to make sure that the travel arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Terms and Conditions, we will accept responsibility if, for example, you suffer death or personal injury or, where we act as principal, your contracted travel arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted travel arrangements. Please note, you will need to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
8.7 Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which a hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and/or any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
8.8 The promises we make to you about the services we have agreed to provide or arrange as part of our contract will be used as the basis for deciding whether the services in question had been properly provided.
8.9 Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited in accordance with these Booking Terms and Conditions and the conventions detailed herein. The most we will have to pay you for that claim, or that part of a claim if we are found liable to you on any basis, is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended in connection with liability of air carriers and for luggage during flights, the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and the Berne Convention for international travel by rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
8.10 Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which 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 if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
8.11 You must provide us and our insurers with all assistance we may reasonably require in order to deal with any complaints or claims you might have so we can deal with these for you as efficiently as possible. You must also tell us and the supplier concerned about your claim or complaint as set out in these Bookings Terms and Conditions and in accordance with Clauses 8.8 and 14. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
8.12 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. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your flight cost from us. Your right to a refund and/or compensation from us is set out in Clauses 5 and 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Civil Aviation Authority: https://www.caa.co.uk/Passengers/Resolving-travel-problems/.
8.13 Please note that this clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday, or for any accommodation or other arrangements you have made that are not included in the flights or other travel services that you book with us, as confirmed on your booking confirmation. Excursions, accommodation outside any package or other tours or travel arrangements that you may choose to book or pay for whilst you are on holiday or for your return journey are not part of your package provided by us (unless confirmed on your booking confirmation). For any excursion or other tour that you book which does not form part of your package holiday with us, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Remember, flight timings given to you and as may appear on our website are for guidance only and are subject to change. The times quoted on your documentation are local times. All passengers must check in at least 120 minutes (2 hours) before the latest flight departure time advised by us regardless of any delay, or any such other period notified to you by us. If your outbound reservation is not used, then your inbound reservation is automatically cancelled. We will not be responsible if you arrive late for the specified check-in time or for the flight, nor can we accept any responsibility for any loss by you of your travel tickets, vouchers or coupons.
There are a number of reasons for which you could be refused boarding or entry:
- If you arrive late for the specified check-in time. We accept no responsibility should you be unable to board the aircraft for any reason. Your ticket is not transferable.
- If you do not hold a valid passport and/or visa required for entry or exit from the country of origin or destination or have insufficient funds.
- If in the opinion of a person in authority you appear to be unfit to travel or likely to cause discomfort or disturbance to other passengers our responsibility for your flight will immediately cease.
- If you fail to co-operate with airport authorities who have powers of stopping and searching persons or luggage under the UK Aviation and Security Act 1990.
In any of the above circumstances we will not be responsible for any costs you may incur nor will we make any refunds to you in relation to these incidents.
10. TRAVEL DOCUMENTS
You and your party’s specific passport, visa and other immigration requirements are your responsibility and we do not accept responsibility for the validity of your passports or visas or for the refusal of visas by the Issuing Authorities. You should therefore confirm these with the relevant authorities, Embassies and/or Consulates. We shall not be liable for any loss, expense, cost, damage, injury or loss of enjoyment suffered as a result of such invalidity or loss, including any responsibility if you cannot travel because you have not complied with such requirements.
For further advice visit the FCO website, www.fco.gov.uk.
We will try to meet any special requests you tell us about before you leave but we cannot guarantee these. If we cannot meet your special request, we will not pay any compensation and will not have any liability. We will not always be able to tell you before you leave if we cannot meet your special requests.
Special requests (for which a fee is charged and will be confirmed to you at the time you make a special request) do not form part of your contract with us and in the highly unlikely event that such a request is not met, the fee paid by you will be refunded.
One infant less than 2 years old on the date of the return journey may sit on a parent’s lap on a flight and will be charged an administration fee (confirmed to you at the time of booking).
13. 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. Please contact us for more details.
We are committed to delivering a high standard of customer service. Should you need to make a complaint about a service or product we have provided please ensure you follow the procedures set out below to allow any issues to be resolved as efficiently as possible.
For any complaints about a service or product we have provided, you should bring this to the immediate attention of the Supplier to allow them to endeavour to put things right at the time. However, should your complaint not be resolved at this time, then you should notify our offices in writing as soon as possible and ideally no later than 28 days after the incident.
Our contact details for complaints can be found on our website.
- TRAVEL INSURANCE
You must have adequate insurance cover suitable for your travel arrangements and your particular needs and which provides cover for the cost of cancellation by you, a 24-hour emergency and repatriation service in the event of accident or illness, loss of luggage, delay and curtailment cover plus loss of personal items and cash. We cannot be held responsible for any liability, expenses or losses you may incur as a result of having inadequate travel insurance.
16. HEALTH REGULATIONS
You are recommended to obtain a copy of the leaflet "Health and Advice for Travelers" published by the Department of Health prior to travel (https://www.gov.uk/foreign-travel-advice). 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.
17. WEBSITE/ADVERTISING MATERIALS ACCURACY
We work extremely hard to ensure that everything you read in our advertising materials or on our website is as accurate and up-to-date as possible. However, it is possible that certain advertised facilities may be withdrawn as a result of decisions outside our control such as adverse weather or failure of transportation facilities. We do not accept liability if facilities are withdrawn for reasons beyond our control (in accordance with Clause 7).
You must accept responsibility for the proper conduct of you and your party. In cases of serious misconduct we reserve the right to terminate your contract with us for travel arrangements and if we do so we shall have no further responsibility to you. Such action can also be taken by airline or airport personnel. If you cause delay or diversion to your flight, you agree to indemnify us against any claim including costs made against us.
19. YOUR FLIGHT
Travel arrangements featured in our advertising and promotional materials or on our website with airlines featured in such materials or as notified to you at the time of booking. We have no control over delays or rescheduling and under such circumstances any arrangements made for meals or accommodation are provided at the discretion of the carrier concerned.
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 who are subject to an operating ban within the EU. The Community list is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en . In accordance with EU Regulations we are required to advise you of the actual carrier(s) or, if the actual carrier(s) is not known, the likely carrier(s) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative the provisions of clause 7 will apply.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our advertising materials, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your documentation approximately 2 weeks, or as soon as possible, before departure. You must accordingly check your documentation very carefully immediately on receipt to ensure you have the correct booking details. It is possible that flight times may be changed even after documentation has been issued - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
20. CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation and travel services for your arrangements will apply to this contract. These may contain terms that limit or exclude liability and affect your rights to compensation. You may ask for copies of the relevant Conditions of Carriage from us. 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.
In addition, it is the passengers 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, you will be responsible for any fine or charges assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
- DATA PROTECTION POLICY
If any part of these Booking Terms and Conditions is held to be invalid, unreasonable or unenforceable, such portion(s) shall be deemed as severable from these Booking Conditions and the remainder of these Booking Conditions shall remain in full force and effect and enforceable