Terms and Conditions
Agency Terms of Business & Booking Terms and Conditions
Hotels and Accommodation:
2.4 Amendments to your booking
Shortbreaks Limited (us, we, the travel organiser) with registered offices at 3, High Street, Beckenham, Kent, BR3 1AZ, are members of the Association of British Travel Agents (ABTA No. W5344 and L3461). All bookings made via our telephone call centre or submitted from our web site(s) engaging our agency services, are subject to our terms and conditions, as set out here, and the terms and conditions of the individual transportation and, or accommodation provider, as noted on your confirmation invoice (see 1.1.1). Furthermore our limits on liability, as stated in these terms will also be subject to the service provider terms and conditions and to any applicable international convention, whereby we are considered having the benefit of any limitation of liability as directed by the convention.
We market and arrange travel services on behalf of third party service providers (suppliers and/or principles) and all arrangements are made in accordance with ABTA requirements and, where applicable, governed by the Package Tour and Linked Travel Arrangements Regulation 2018 (PTR 2018). These Terms and Conditions are presented in three categories to provide a clear distinction between the terms and conditions that specifically apply to your booking; (i) General Agency terms applicable to all bookings, (ii) Single Service Travel Arrangements and, (iii) Multiple Service Travel Arrangements, which constitute a Package Booking under the PTR 2018. Please read these Terms and Conditions carefully before making a booking as they contain important information about the obligations and commitments entered into by you, the travel supplier and the travel organiser. Instructions received by us, from you, to complete a booking either verbally, in writing or submitted via our web site(s), will deem your acceptance of these Terms and Conditions.
1. GENERAL TERMS
1.1 Your Booking Contract and Confirmation Invoice
You must be at least 18 to make a booking through us. A binding contract exists between you (the traveller), the service supplier(s) and/or the service organiser (us), as applicable to the type of booking made, once you have paid a deposit (full payment, if appropriate) and we have despatched your confirmation invoice.
1.1.1 Confirmation Invoice
When you receive your Confirmation Invoice, you should check the details, and the information contained in any other travel documentation supplied, carefully, as it contains important information about your booking, including confirmation of the names of your travel and accommodation supplier(s), appropriate addresses, general and emergency telephone numbers, dates and times of travel, details of the correct departure and arrival terminals, specific transport service numbers, available accommodation check-in/out times, notes about any special requests, a summary of money paid and any outstanding balance and payment due dates, and details about additional costs to be expected during your trip i.e. local hotel tax. If any of the information contained in the Confirmation Invoice is incorrect, you must contact us immediately so we have the opportunity to amend the booking. Such notice must be provided to us by the lead passenger immediately (considered to be within a 24hr period from receipt of documentation) otherwise any required amendment to the booking will be subject to our standard Booking Amendments fees, applicable to the type of booking made.
1.1.2 Requested Services
The confirmation invoice will supersede any previous discussions or submitted requests, and any service request, consideration asked of the supplier or condition to be met, not specifically included within the confirmation invoice will not be supplied. Any request made for a service option which is not specifically included within the original service description, i.e. a specific bed configuration at the hotel, a particular room with a view, or Champagne on arrival, will be conveyed to the service provider and may be noted on your confirmation invoice, but no guarantee can be given that the request will be satisfied. Such a request does not constitute any contractual agreement to provide the requested option and non-provision of a requested option does not provide any basis for non-performance of the contracted service.
Prices shown for accommodation only bookings and bookings including both transport and accommodation, are based on two persons sharing a twin or double room. Published prices are for guidance only and may be subject to change without notice, dependent upon such variances as transport costs, currency fluctuations and the availability of certain fares. Please note that the price confirmed at the time of booking will not be subject to a surcharge.
1.3 Pricing Errors, Website Content, and Changes to Law
We will endeavour to correct errors and omissions on the Website or elsewhere, and take appropriate action as soon as practicable after being notified of them. We are not under any obligation to honour bookings for products or services, where there is, or has been, a pricing error, even if you have received a confirmation email. In these circumstances, we reserve the right to correct any pricing errors on the Website and to offer you the opportunity to keep your booking, if you are prepared to pay any shortfall in money already paid to match the correct price of the booking, or cancel your booking, providing you with a full refund of any money paid and without you incurring any further liability.
1.3.1 Website Marketing Content
Images and descriptions on the Website are for illustrative purposes only, to give a general ‘feel’ for the product or service, and are not intended to be exact representations of the product or service that you have booked.
1.3.2 Changes to Law
Save as otherwise stated in these Terms and Conditions, in the event of any new laws or regulations resulting in any new, or increases to existing taxes, charges or other fees, we reserve the right to pass on such amounts to you, whether or not your booking has been confirmed. If your booking is a package (see 3.1) no price increase will be applied later than 20 days before that date of departure. Furthermore, if the price increase exceeds 8% of the price of the package booking, you will have the option to cancel the booking and receive a full refund less any applicable amendment fee (see 3.4).
1.4 Accuracy of Our Published Information
Whilst every effort is made to ensure the accuracy of promotional material and published content, travel services can be subject to changes which are either permanent or temporary. If we are aware of any pending changes to an advertised service, prior to your departure, we will advise you at the time of booking or as soon as thereafter. If the anticipated changes or disruptions, are deemed to have a potentially adverse affect on your enjoyment of the service i.e. building work, maintenance projects or hotel renovations, we will endeavour to find and offer you a comparable, alternative service.
1.5 Your Hotel Ratings and Accommodation
Hotel star ratings have been decided by the appropriate tourist authorities and can vary considerably depending on local regulations. Countries, regions within countries and individual cities can impose different criteria on hotels and accommodation providers to determine the standards to be met for a particular star rating. The criteria for achieving star ratings is not always considered the obvious i.e. the quality of services offered, restaurants and bars, swimming pool and spa facilities, number of bedrooms and suites available, but sometimes the less obvious like whether the hotel has an elevator, the physical size of the main reception lobby and the bedroom dimensions. Older, city centre buildings may be restricted from modification to meet certain criteria and therefore be downgraded as a result, whereas new build or unrestricted conversions can design around criteria and obtain the required ratings. This doesn’t necessarily mean the new 5* property will provide a better guest experience than the 200 year old 3* property. We strongly advise you to research your preferred choice of hotel prior to booking, so that your expectations are aligned to the product and service offered by the hotel. We are here to help, so please ask for our own assessment of your chosen hotel at the time of booking. Our staff regularly visit hotels on our programme and will try to help you chose a property to suit your own requirements and budget.
1.5.1 Single rooms:
Prices are based on two people sharing a twin or double. Single passengers will be subject to a single supplement payable for each night of their stay and may be allocated a standard room for sole occupancy or alternatively, a smaller single room. Regrettably single rooms may not always be the same standard or in such good locations within the hotel as twins but still incur a supplement.
1.5.2 Twin & double rooms:
Hotels may have both twin and double rooms. In Europe it is not unusual for a double to consist of twin beds pushed or joined together. If you express a preference, we will pass this request to the hotel but even if we name a specific room type in good faith on your confirmation, this may not be available on your arrival at the hotel (see 1.1.2).
1.5.3 Triple & Quad rooms:
The price per person is the same as for a twin or double room. Please note additional beds are normally folding or sofa beds and space may be limited.
Most hotels can provide cots, but these must be requested in advance and there may be a charge to pay in advance or locally. It is important to examine the cot for safety and suitability prior to use.
1.6 Special Requests and Special Needs
If you have any special request, please tell us when you book. We will pass on these requests but they are not guaranteed (see 1.1.2). Whilst we are not a specialist in special needs holidays, if you consult our staff at the time of booking, we will help you determine the best arrangements for your requirement and will contact the service provider to confirm the service suitability.
1.6.1 Notice of Assistance Required
If you have reduced mobility, are in need of specific medical assistance or are pregnant, and have booked travel services with us which constitute a Package under the PTR 2018, you must inform us of your particular needs at least 48 hours prior to departure to ensure we are able to provide you with the appropriate level of assistance should your booking be affected by unavoidable and extraordinary circumstance (see 3.10).
Passengers confined to a wheelchair and one companion can travel first class on Eurostar for a small supplement. Please contact us prior to booking and we will be pleased to discuss your requirements and offer you advise about the options available.
Baggage allowance on Eurostar is two suitcases and one piece of hand luggage per person (except for infants who do not have a separate allowance unless paying for a seat). Excess luggage will be charged (currently £15.00 per item). Larger items, such as non-collapsible bicycles or trunks, have to be sent as registered. Please contact us to discuss your excess baggage requirements and we will be pleased to advise the options available.
1.8 Visas and Passports
British citizens (with right of abode) and EU nationals do not require a visa for our Eurostar destinations, but do need a valid 10-year passport. Many non-EU nationals will require a visa and this should be checked with the relevant authorities. In all cases obtaining any necessary personal travel documentation and identification is entirely the responsibility of the traveller and must be obtained prior to confirming a reservation. More information about travelling abroad can be found at www.gov.uk/browse/abroad/travel-abroad
Please Note: We are not liable and no refund can be given for cancellation or abandonment of a booking due to lack of correct personal documentation.
1.9 Health and Safety
You should research your destination as thoroughly as possible before you travel and always consult safety and fire regulations when you arrive at your booked accommodation.
Standards can vary and particularly in older city centre hotels, preserved areas or in listed buildings, they may not be as high as those we are used to in the UK, or comply with all EU recommendations. Guests should always acquaint themselves with the emergency procedures and take special care with balconies, lifts, plate glass doors, and tiled floors in bathrooms etc. Hotel swimming pools will not always be supervised or have depth markings. Valuables should always be kept in safety deposit boxes and, just as at home, there is a need to take sensible safety precautions in respect of personal security, especially at night or in unfamiliar areas. Valuable information and advice regarding your health and safety can be found at www.nhs.uk/live-well/healthy-body/before-you-travel
1.10 Data Protection Policy
In order to process your booking and meet your requirements we need to use the information you provide, such as your name, address, email and other contact details. We take full responsibility for ensuring that proper security measures are in place to protect this information. We must obviously pass the information on to the relevant principle suppliers of your chosen travel services. The information may also be provided to security or credit checking companies and public authorities, such as customs and immigration, if legally required to do so. On occasion we may use the information we hold to send you marketing and promotional material and within such material we will provide the option for you to inform us that you do not wish to receive any further information. We will not pass on information to any person or organisation, who or which is not involved in providing your travel services. This applies to any sensitive information that you give us, such as details of any disabilities, dietary requirements or religious beliefs. In making this booking, you consent to this information being passed on to the relevant persons. You have right of access to personal data held. Your data controller is ShortBreaks Ltd and the Data Protection officer can be contacted at: email@example.com or by letter addressed to The Group Secretary, Shortbreaks Limited, 3 High Street, Beckenham, Kent, BR3 1AZ.
Please note that Travel Insurance is not included with any booking you place through us. We strongly advise that you purchase adequate travel insurance to cover yourself and all members of your party, against all eventualities. Although it is not compulsory for you to hold a valid travel insurance policy to make a booking through our agency, you should be aware that valid insurance can cover the cost of you terminating this contract, provide financial assistance in a medical emergency, including repatriation in the event of accident, illness or death, as well as cover financial loss against damage or stolen property.
Please note: If you book a Package (see 3. Multiple Service Travel Arrangements) through our agency services it is your responsibility to indemnify us in full against any costs or losses that may occur due to your failure to possess adequate insurance (see 3.8 Your Responsibility).
We do not directly sell travel insurance.
1.12 Different Types of Bookings
We market and offer for sale, travel services which are provided by third party suppliers i.e. Eurostar, hotel operators and tourist activities. We act as an agent for these suppliers and are authorised to accept bookings on their behalf. If you purchase a travel service from us, via our web site or by telephone to our call centre, your booking will be subject to the terms and conditions of the principle supplier(s), our general terms and either our Single Service Travel terms or our Multiple Service Travel terms (Package), depending on the service(s) you book. The terms and conditions applicable to both Single Service bookings and Package bookings are set out below and it is important that you read the appropriate terms covering your specific booking and understand all party obligations and responsibilities under these agreements.
2 SINGLE SERVICE TRAVEL TERMS & CONDITIONS
2.1 Single Service Travel Arrangements
A single service travel arrangement is a hotel only reservation, a transport only booking, a tourist attraction or event ticket, which is purchased singularly and not in combination with any other travel service. When such a travel service is marketed by us via our agency, it is not an offer from us to sell you the travel service but an invitation to you to make an offer to the principle or suppliers of the service. We are free to accept that offer on behalf of those suppliers or to reject it. We act solely as a booking agent for these services and only facilitate the travel arrangement, providing for you to enter into a contractual agreement with the principle or supplier of the service. We accept no responsibility for the acts or omissions of the principle or supplier for the services provided by them. Please ask us for assistance in obtaining a copy of appropriate supplier Terms & Conditions if you do not have them.
A minimum deposit of £60 per person is required if you book more than twelve weeks prior to departure. You must call us to pay the balance or send a cheque, by the date shown on your invoice. If full payment is not made at the required time, we reserve the right to treat your booking as cancelled at which time you will become subject to the cancellation charges applied by the principle supplier and our agency cancellation service charges set out below (see 2.3). If your booking is made less than twelve weeks before departure, full payment is required at time of booking. Credit card payments can only be accepted from the cardholder or if specifically authorised by the cardholder. Transactions are undertaken in sterling. If you are using a foreign currency credit/debit card, we cannot be responsible for any currency conversion charges or any transaction fees incurred.
2.3 Cancellation by you
The party leader must confirm cancellations in writing directly to us, not to the individual supplier, and a cancellation will not take effect until received. If you cancel your booking the principle supplier may charge you the cancellation fees shown in their terms and conditions, which may be 100% of the cost of the travel service. Please be advised in advance that in order to take advantage of special fares, Eurostar tickets are non-transferable and non- refundable, Eurotunnel bookings are non-refundable but may be amended, subject to amendment terms (see 2.4), and some services and products, such as concert and show tickets are also non-refundable. Promotional Hotel rates are non-refundable but may be transferable, subject to a price surcharge and depending on the travel period and availability, and will incur our administration amendment fee of £25 per person. Please note the following charges:
An amendment fee of £25 per person (excluding infants) will be charged in addition to any principle supplier charges for changes to booking. If you want to change any details regarding your confirmed transport arrangements, we may have to cancel the original reservation and buy a new ticket. If so, you will be required to pay the full travel cost again. No refund will be made for an unused travel service or accommodation, in part or in whole. Principle supplier terms and charges for amendments to bookings are shown below:
Hotels and Accommodation:
2.5 Cancellation or amendment by the Principle Supplier
We will inform you as soon as reasonably possible if we are notified that the supplier has to make significant amendments to, or cancel, your booking. If the principle supplier offers an alternative transport or accommodation option, as applicable, you will have the choice to accept the alternative or request a full refund. There will be a specified time frame, which we will advise you of at the time, within which you will need to decide what you would prefer. If you fail to advise us accordingly, the principle is entitled to assume you wish to receive a full refund.
In the unlikely event that you have a complaint about the service provided, you should allow the principle supplier the opportunity to resolve the matter for you immediately or as soon as reasonably possible. Because the contract for your travel service is between you and the principle supplier, any queries or concerns relating to the travel service should be addressed directly to them. If your complaint is related to a hotel or accommodation provider, you must in the first instance register this with the hotel management. Complaints related to Eurostar or rail services must be lodged with the train manager. Complaints with any other transport provider must be lodged with the supplier of service in question. Written confirmation of a complaint must be obtained from the service provider. If you fail to follow these procedures there will be less opportunity to investigate and rectify your complaint and it may affect any subsequent claim for compensation. If you wish to complain when you return home, you must contact the principle supplier. Our customer services team will of course assist you with this should you wish, however any dispute must be dealt with between you and the service provider and any decision regarding refunds or compensation will be at the sole discretion of the supplier. A dispute concerning our agent administration services, which cannot be settled amicably, may be referred to arbitration under a special ABTA scheme, administered independently by the Chartered Institute of Arbitrators. Details on request or from the ABTA website: www.abta.com
2.7 Responsibility for your Booking
Your contract is with the principle supplier and its booking conditions apply. As an agent we accept no responsibility for the provision of either the transportation service or the accommodation by the principle supplier, as applicable. Our responsibilities are limited to making the booking in line with your instructions. We also do not accept any responsibility for any information that we pass on to you about the accommodation in good faith.
However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the value of any commission we earned from the principle supplier for our agency services relating to the booking. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
2.8 Force Majeure and Events Beyond Our Control
We will not be liable to pay you any compensation if forced to cancel or make any major changes to your booking as a result of events outside our control and which neither us nor our principle supplier or agent to the principle supplier, if appropriate, could reasonably foresee. Events outside our control include, but are not limited to: War; threats of war; government intervention, terrorism; riots; civil unrest; natural and man-made disasters;
adverse weather conditions; health risks; industrial disputes; technical disruption to transport or gateways; significant building work external from your accommodation or any other event or activity neither us nor our principle supplier or agent to the principle supplier, if appropriate, could reasonably foresee.
PLEASE NOTE: We strongly recommend that you arrange sufficient travel insurance to cover any such force majeure event (see 1.11).
2.9 Legal Jurisdiction
These terms and conditions are governed by English law and the jurisdiction of the English courts but you may choose the law and jurisdiction of Scotland or Northern Ireland, if preferred. Updated 01/07/18
3 MULTIPLE SERVICE TRAVEL TERMS & CONDITIONS (Packages)
3.1 Multiple Service Travel Arrangements
A multiple service travel arrangement is a combination of two or more travel services purchased at the same time, from the same agent, by the same person for the purpose of the same trip. A booking may contain a rail ticket and a hotel reservation, which are purchased from different principle suppliers and will be subject to their individual terms and conditions of carriage and occupancy, respectively. However the combination of these individual travel services offered to you is a package within the meaning of The Package Travel and Linked Travel Arrangements Regulations 2018 and you will therefore benefit from all EU rights applying to packages.
3.2 Your Protection
We will be fully responsible for the proper performance of the package as a whole and will be your main contact should you experience any difficulties before, during and after your return to the UK. Furthermore, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that the transport provider becomes insolvent. We have insolvency protection with ABTA – The Travel Association. You can contact ABTA at 30, Park Street, London, SE1 9EQ, at www.abta.co.uk
, by email at firstname.lastname@example.org , or by calling +44 (0)203 758 8879.
A minimum deposit of £60 per person is required for your package if you book more than ten weeks prior to departure. Any deposit payment is non-refundable, unless the booking is otherwise sanctioned for a full refund under appropriate clauses of these terms. You must call us to pay the balance or send a cheque, by the date shown on your confirmation invoice (see 1.1.1). If full payment is not made at the required time, we reserve the right to treat your booking as cancelled at which time you will become subject to the cancellation charges as set out below (see 3.5). If your booking is made less than ten weeks before departure, full payment is required at time of booking. Credit card payments can only be accepted from the cardholder or if specifically authorised by the cardholder. Transactions are undertaken in sterling. If you are using a foreign currency credit/debit card, we cannot be responsible for any currency conversion charges or any transaction fees incurred.
3.4 Booking Amendments by You
You are entitled to make changes to your booking after it has been confirmed and a confirmation invoice has been issued. Any request for a change must be made in writing by the lead passenger on the booking. We will endeavour to facilitate the requested change(s) to the booking , but this may not always be possible and will be subject to service availability at the time of request and any exceptions (see 3.4.2). If it is possible to make the changes, we will charge for any additional costs incurred, which may include the difference in fares or tariffs between the original booking and the requested change, and for each additional service at the prevailing rate, along with an amendment fee per passenger for each service altered. Please note that any new fares or tariffs may not be the same as those originally booked. If your original booking was subject to a promotional discount any requested change to the booking may reduce or even eliminate the discount completely, depending on the nature of the amendment. A reduction in the number of passengers within your booking may cause you to be subject to under occupancy or single occupancy supplements.
Significant changes to your booking i.e. date of travel or change of hotel, must apply to all passengers within the booking. Before any change is made we will clearly communicate any fees or excess charges that may be applicable when the change is completed and we will require written acceptance of such fees and charges from the lead passenger before any amendment is made.
3.4.1 Amendment Fees
Each amendment to your booking will be subject to a £25 per person charge and any additional costs imposed on us by the service supplier, as detailed below:
Hotels and Accommodation:
3.4.2 Amendment Exceptions
There are some services that we may be unable to amend once the booking has been confirmed and the Supplier of these services may consider any request for an amendment as a cancellation and rebooking.
(i) Eurostar do not allow confirmed promotional fares to be refunded, transferred to another person, a different date, route or service and, any amendment to a confirmed promotional fare ticket class will require the original ticket to be cancelled and a new ticket to be purchased. If this is the case, the booked ticket will be subject to a 100% cancellation charge and we will pass on to you any costs we incur from the Supplier for a new ticket along with an amendment fee of £25 per person. Please be aware that the cost of a new ticket may not be subject to the same, or any other valid, promotional offer and may not be the same as that paid for the original booking.
(ii) Eurotunnel do not allow promotional fares to be refunded and any amendment request to a confirmed promotional fare booking will require the original booking to be cancelled and a new reservation to be made. If this is the case, the original booking will be subject to a 100% cancellation charge and we will pass on to you any costs we incur from the supplier for a new booking along with an amendment fee of £25 per person. Please be aware that the cost of a new Eurotunnel booking may not be subject to the same, or any other valid, promotional offer and may not be the same as that paid for the original booking.
(iii) Certain accommodation rates will have been negotiated with the hotelier to offer you competitive discounted prices and, subject to the supplier terms and conditions, these promotional bookings once confirmed, are non-refundable and any amendment request to a promotional hotel booking will require the original booking to be cancelled and a new reservation to be made. If this is the case, the original booking will be subject to a 100% cancellation charge and we will pass on to you any costs we incur from the supplier for a new booking along with an amendment fee of £25 per person. Please be aware that the cost of a new accommodation booking may not be subject to the same, or any other valid, promotional offer and may not be the same as that paid for the original booking. Any promotional hotel rate subject to these amendment terms will be clearly identified as such in your basket, prior to booking, and within your itinerary / confirmation invoice. Please note that these promotional bookings may be abbreviated to ‘Non-Ref’.
3.4.3 Your Right to Transfer the Package
If you are the lead passenger on the booking, you have the right to transfer the package to another person subject to any amendment fees and/or cancellation charges as specified in these terms and conditions.
3.5 Booking Cancellation by You
You are entitled to cancel your booking at any time after it has been confirmed and a confirmation invoice has been issued. Any request to cancel a booking must be made in writing by the lead passenger on the booking. To cover our anticipated costs due to a cancellation, the following cancellation charges (see 3.5.2) will be applied to a cancelled booking, applicable from the date that notification of cancellation is received from the lead passenger. The cancellation charges are shown by individual service supplier and represent the cost we incur against a cancelled service. The charges will be applied to your booking cancellation in consideration of each individual service included within the package. There are exceptional circumstances where you will not be liable to pay any cancellation charges (see 3.5.3).
3.5.1 Travel Insurance Cover for Booking Cancellations
Please ensure that you take out suitable travel insurance for your trip as soon as you make a booking. A suitable travel insurance policy will provide you with financial cover for any charges you incur if you have to cancel your booking. Even though we do not offer travel insurance, on request, a member of our staff will be pleased to offer advice about the insurance cover required.
3.5.2 Cancellation Charges Eurostar:
Hotels and Accommodation:
3.5.3 Exceptional Circumstances
You have the right to cancel your booking and terminate the contract without incurring any cancellation charges from us or the service supplier, should your booking be directly affected by exceptional circumstance, as defined, and if specifically issued as a warning not to travel notification, by the British Government. Foreign travel advice can be found at www.gov.uk/foreign-travel-advice
Exceptional circumstances may include, but are not limited to: War; threats of war; government intervention, terrorism; riots; civil unrest; natural and man-made disasters; adverse weather conditions; health risks and industrial disputes.
3.6 Booking Amendments by Us
Although unlikely, it may occasionally be necessary for us to make changes to your travel arrangements and we reserve the right to do so. We will always contact the lead passenger on the booking to explain any changes that are required. Changes will only be made to your booking if any arrangements are altered or withdrawn by the service supplier, or by other unforeseen circumstances that are out of our control. If an essential element of your package, other than the price, is changed significantly, you are entitled to chose if you want to accept the amendments or terminate the contract, cancel the booking and receive a full refund of all money paid. If such significant amendments are necessary we will notify you of your option to either accept the change or cancel the booking. If you do not respond, we will send you a second notification and if you fail to respond to the second notification we reserve the right to cancel your booking and provide a full refund. A significant change to your package is defined as a ‘major alteration’ (see 3.6.2) and under such circumstances you may be entitled to compensation where appropriate, as detailed below (see 3.7.1).
3.6.1 Minor Alterations
On occasion the supplier of your booking may advise us that a facility connected with their service has been withdrawn or is unavailable due to unforeseen circumstances or reasons beyond their control. An unavailable facility may include, but is not limited to, a hotel swimming pool or spa closure, retraction of, or amendment to complimentary services, reduced food and beverage facilities or rearrangements to bedroom configurations. Transport arrangements, including Eurostar, which are changed to another service operating a departure time within 12 hours of the original service departure time, include a route amendment requiring a connecting service, or which will terminate at an alternative destination but includes transfers to the original destination city, and any changes of accommodation to that of another in the same city and of the same standard, would constitute a minor change and such changes would not entitle you to a compensation payment.
3.6.2 Major Alterations
If, prior to travel, we are advised by the supplier of your travel services that a key element of their service is unavailable, such as, a change of greater than 12 hours to the departure time of any transport arrangements or a downgrading to the standard of the hotel, you will have the choice to either accept the changes or cancel the booking and receive a full refund. If you accept an amendment, and the cost of the revised booking is less than that paid for the original booking, you will receive a refund of the difference.
Major amendments to your booking, other than those arising from circumstances or events beyond our, or our suppliers, control (see 3.10) may entitle you to a compensation payment (see 3.7.1). If, after departure, your booking is affected by a major alteration you
will be offered alternative arrangements which you may accept of decline. If you decline the amendments you have the right to cancel your booking and are entitled to be returned to the UK by the same means of transport as originally booked, at no extra cost, as and when and if, such transport services are available. We are under no obligation to provide transport services if such services are not available.
3.7 Booking Cancellation by Us
Although we will always endeavour to provide your travel arrangements as booked, on very rare occasions we may have to cancel your booking and we reserve the right to do so. We will only cancel a booking if we are unable to provide the services due to exceptional circumstances beyond our control (see 3.10) or, the services are no longer available from the service supplier, for whatever reason or, if we reasonably believe or are notified that the transaction to make the booking was fraudulent or transacted for illegal purposes. Upon notice of cancellation of your booking we will offer you the option of alternative, comparable travel arrangements or a full refund. If you decide to accept the alternative travel arrangements we will refund any difference in price between the original booking and the new arrangements, as applicable. If your booking is cancelled due to circumstances other than, reasons beyond our control (see 3.10) or, to our reasonable belief, illegal or fraudulent activities, you will be entitled to compensation as detailed below (see 3.7.1). Other than a refund of money paid, we will be under no obligation to offer alternative travel arrangements where, to our reasonable belief, an illegal or fraudulent transaction has taken place.
3.7.1 Cancellation Compensation
3.8 Your Responsibility
We will provide the travel arrangements requested in accordance with your booking and will do everything possible to ensure that you have an enjoyable experience. However, your behaviour whilst you travel and stay at the booked accommodation is your responsibility and you will be liable for your actions and the consequences your actions may have on other passengers, guests, service employees or property of the service provider. If we, the service representative, train manager, hotel manager, or any other person of authority (i) believe your behaviour or actions could annoy, upset or risk the health or safety of other passengers, guests, or members of the service staff or, (ii) deem you unfit to travel or consider you could cause delay, disruption or premature termination of the transport service or, (iii) or are liable to cause damage to property or harm to yourself, we may, and reserve the right to, terminate the contract and cancel your booking with immediate effect. Should we terminate your contract and cancel your booking you will not be permitted to start or continue to use, as applicable, any of the services include within your booking and we will not provide a refund, compensation or be liable for arranging alternative services, repatriation to the UK or any further costs you may incur. You (the lead passenger) and all persons named on the booking will be held jointly and severally responsible and liable for the cost(s) of (i) any damages to property of the service provider or, (ii) injury, physically or emotionally, to other passengers, guests or service employees and, (iii) legal action and representation incurred in pursuing a claim against you and your party. It is your responsibility to ensure you, and all persons named on your booking, have taken out, or possess, sufficient travel insurance for financial protection and assistance in the event that you have to cancel your booking or, to cover any emergency (medical or otherwise) whilst you are away. It is your responsibility to indemnify us in full against any costs or losses that may occur due to your failure to possess adequate insurance.
NOTE: Ensure you have taken out adequate travel insurance at the time of booking. Do not wait until the date of travel to arrange insurance cover.
3.9 Our Liability to You
We accept responsibility for your booking and the proper performance of the travel services supplied, as the travel organiser, under the Package Travel and Linked Travel Arrangements Regulations 2018. We will be liable for the travel services to be supplied as described and if, after your departure, it is found that significant elements of your booking are not supplied as described, due to a fault of ours, our employees or agents, or the service provider, we will find and supply suitable alternative arrangements for you at no extra cost. You have the right to terminate the contract without paying any cancellation fees where a travel service has not been performed in accordance with the contract and that such failure substantially affects the performance of the package as a whole and we have failed to provide a remedy to the problem. You may also be entitled to compensation where the travel services are not performed or improperly performed, and it is proven that the failure to deliver the proper service is caused by fault of ours, our employees or agents or the service supplier. Such compensation will be determined with due consideration to the initial purchase price of the booking, any action that you could have been reasonably expected to take to limit or relieve any inconvenience or damages suffered and the extent to which the overall package experience and enjoyment could be reasonably deemed affected by the non supply or improper performance of the service. Except in the event of personal injury, illness or death our liability will be limited to twice the purchase price of the booking. All claims for compensation will only be considered if (i) you adhere to the proper procedures for making a complaint as set out below (see 3.11) and, (ii) any rights you may have against a third party in connection with the claim are assigned to us and, (iii) you provide full and timely cooperation with both us and our insurer in relation to any aspect of the claim.
3.9.1 Limit of Our Liability
We will not be liable for personal injury, illness or death, nor any subsequent losses incurred as a result, unless it is proven that such injury, illness or death was caused by a serious lack of care or attention by us, our employees or the service supplier during the performance of obligations under this agreement. If you suffer personal injury, illness or death that is not caused by us, our employees or the services provider, but due to activities unrelated to the travel services provided under this agreement, we will not be liable to pay you compensation but we will offer you as much assistance as we are able, with consideration to the circumstances, and subject to you providing us with all the relevant information regarding the incident within a workable time frame. We will not be liable for your lack of enjoyment or for any problems you experience or suffer due to any reason, condition or requirement you have, which you did not make us aware of when your booking was made. We are not liable for exceptional circumstances or events
beyond our control (see 3.10) although we will bear the cost of any necessary additional accommodation, for a maximum of three nights, should you be unable to travel back to the UK due to such exceptional circumstances. This three night limitation does not apply to persons with reduced mobility and any person accompanying them; pregnant women or persons in need of specific medical assistance where you notified us of such need at least 48 hours prior to departure. Any emergency accommodation provided under such circumstances may not be the same accommodation as that supplied within your booking nor within the same location nor to the same standard or rating. We will not be liable for any loss, damage or theft of personal possessions or valuables. For all claims made, of any nature, we will not be liable where the alleged inconvenience, loss, suffering or damage results from; (i) the fault or actions of the person affected or any person named within the booking or, (ii) the fault or action of a third party not connected with the provision of the travel services supplied under this agreement, and which we could not have predicted nor avoided or, (iii) any event or circumstance that we or the service supplier could not have predicted nor avoided even after taking all reasonable care.
3.10 Force Majeure and Events Beyond Our Control
We will not be liable to pay you any compensation if forced to cancel or make any major changes to your booking as a result of events outside our control and which neither us nor our supplier could reasonably foresee or forestall. Events outside our control include, but are not limited to: War; threats of war; government intervention, terrorism; riots; civil unrest; natural and man-made disasters; adverse weather conditions; health risks; industrial disputes; technical disruption to transport or gateways; significant building work external from your accommodation or any other event or activity that neither us nor our supplier could reasonably foresee or forestall.
PLEASE NOTE: We strongly recommend that you arrange sufficient travel insurance to cover any costs that may result due to any such force majeure event (see 1.11).
3.11 Complaints and Customer Service
It is important that you follow the procedures and processes set out below to enable us to effectively and efficiently deal with any issues that arise while you are away and to fully and fairly investigate any claim you may submit on your return to the UK. If you fail to adhere to these conditions, it will limit or even prevent our ability to offer assistance or deprive us the opportunity to investigate your complaint which could affect your rights under this contract and, if applicable, severely limit your representation for any compensation.
3.11.1 Complaint Procedure
If a problem arises whilst you are away, including injury and illness, and you believe it constitutes a genuine reason for complaint against us or the service supplier, you must in the first instance, and immediately, bring the issue to the attention of the service supplier or their representative (train, accommodation or excursion manager) in order to provide them the opportunity to rectify the problem. If it is not possible to immediately report the issue or incident to a local service supplier representative, you must immediately contact our Customer Service team on our emergency contact number which is provided within your travel documentation confirmation invoice, and they will be able to assist you. At the first opportunity, you must also request and complete an incident or complaint report form from the service supplier before you return to the UK. If your complaint is not fully resolved while you are away you must contact us on email@example.com within 28 days of your return to the UK and submit full details regarding the complaint or incident, the circumstances surrounding the complaint or incident, the names of any and all service supplier representative(s) you discussed the complaint or incident with whilst you were away, details of assistance or offers of resolution that were provided to you by the service supplier whilst you were away, along with a copy of the appropriate, completed and dated, complaint or incident report form, and as appropriate, copies of receipts for monies paid or costs incurred due to the reported incident or complaint, supporting photographic evidence and any medical reports issued whilst you were away and supporting medical evidence provided by your GP on your return to the UK. Subject to receiving the information detailed above in connection with your complaint, we will thoroughly investigate and endeavour to provide you with a suitable resolution within 28 days of notification. Depending on the complexity of the nature of the dispute, it may take us or our nominated legal representatives longer than 28 days to process your complaint, although we will keep you regularly informed of the status of your case.
3.11.2 Injury or Illness
If you fall ill or suffer an injury whilst you are away and you wish to make a complaint based on the assertion that the illness or injury was directly connected to the supply of a travel service provided within the booking made with us and was caused by the lack of attention and care by us or the service supplier during the performance of the service (see Limit of Our Liability 3.9.1), you must provide us with details of the local doctor you consulted whilst away and your regular GP in the UK, along with written authorisation for us and our nominated legal representative to obtain a medical report from both doctors. It is illegal to make a fraudulent claim or to try and extort money by means of false or exaggerated statements and if you, any person named on the booking or any person acting on your behalf, knowingly make such a false or exaggerated claim, your details will be passed on to the appropriate authorities and we will seek to recover all monies paid to you in association with the claim and any costs, legal or otherwise, incurred by us during the process of recovery.
3.11.3 ABTA and Alternative Dispute Resolution
As a member of The Association of British Travel Agents (ABTA) with membership numbers W5344 and L3461, we will always endeavour to provide you with the highest standards of service in line with ABTA’s code of conduct. If, for whatever reason, we are unable to amicably resolve a dispute, you can be referred to the ABTA scheme for arbitration which is independently administered by the Chartered Institute of Arbitrators. Further details on the ABTA scheme for arbitration can be found at www.abta.com
. Alternatively you can also access the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr
3.12 Legal Jurisdiction
These terms and conditions are governed by English law and the jurisdiction of the English courts but you may choose the law and jurisdiction of Scotland or Northern Ireland, if preferred. Updated 01/07/18