These Booking Conditions, together with our privacy policy, any other information we brought to your attention before we confirmed your booking apply to your booking with Inclusive World Travel Limited, registered number 15365010 with our registered office address at 12 London Road, Morden, Surrey SM4 5BQ (“we”, “us” and “our”).
Please read these Booking Conditions carefully prior to making any bookings. References to “you” and “your” in these Booking Conditions means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
By making a booking, you agree on behalf of all persons detailed on the booking that he/she:
a. has read these Booking Conditions and has the authority to and does agree to be bound by them;
b. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health or medical conditions and disabilities);
c. is over 18 years of age;
d. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
e. we reserve the right to refuse to accept bookings in our absolute discretion with stating the reason for doing so.
Single component bookings: Where we sell a single component travel service to you such as transportation or accommodation only, we act as an agent in respect of all such bookings and Section A applies to all such bookings. No financial protection is provided for single component bookings.
Packages organised by a third party: Where we sell packages organised by a tour operator/principal, we are acting as their agent. In that event, the tour operator/principal is responsible to you for your package and your financial protection, and we act only as agent. Section A applies to all such bookings.
Packages that we organise: where we combine and sell two or more different types of travel services to you for the purpose of the same trip or holiday, such transportation or overnight accommodation lasting more than 24 hours or other tourist service which create a package holiday, your contract(s) will be with the supplier(s) or principal(s) on behalf of who we act as agent, but we will accept responsibility for performance of those contracts as a package organiser in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (“Package Travel Regulations”) and arrange financial protection for your package. Section B sets out the terms and conditions that will apply in addition to Section A when you book a package that we organise. See Clause 2 below for further information as to what comprises a package and Section B, Clause 7 for details of how your package will be financially protected.
Note: if after selecting and paying for one travel service, you then book additional travel services for your trip or holiday via our company, you will NOT benefit from the rights applying to packages under the Package Travel Regulations and we will not be responsible for the performance of individual travel services.
All communications concerning customer services or your booking should be sent to us at 0117 427 0486 or by email to: Belinda@InclusiveWorldTravel.co.uk
SECTION A – APPLICABLE TO ALL BOOKINGS
1 CONTRACT
When making your booking we will arrange for you to enter into a contract with each of the third party supplier(s) of your travel arrangements (such as tour operator, transport provider, accommodation provider, car hire provider and transfer provider) as specified on your booking confirmation. Your contract comes into existence once we issue the booking confirmation.
Your booking is subject to these Booking Conditions as well as those of the third party suppliers who have their own terms and conditions which govern the services they provide and you’ll be bound by these. In the event of any conflict between a supplier’s terms and conditions and these booking conditions, the supplier’s terms or conditions that conflict with ours will take precedence, unless it is deemed under English law to be invalid or unenforceable, in which case the relevant terms or conditions in our Booking Conditions will prevail. Some of our suppliers’ conditions may limit or exclude their liability to you and, because they’ll apply to your contract with us, may also limit or exclude our liability to you. Suppliers’ terms and conditions are often subject to international conventions, which limit their (and our) liability. Copies of the relevant supplier’s terms and conditions and any applicable international conventions are available on request.
As an agent, we accept no responsibility for the acts or omissions of the suppliers or for the travel services provided by them.
Your contract with us is governed by English law and the jurisdiction of the English Courts. You may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so and you are resident in Scotland or Northern Ireland.
2 PACKAGE BOOKINGS
Where we combine and sell to you two or more of the travel services specified below for the purpose of the same trip or holiday, this will comprise a “Package” and we will take responsibility for the package as an “organiser” under the Package Travel Regulations as long as those travel services are: purchased together from a single visit to our website and selected by you before you agree to pay; or advertised, sold or charged by us at an inclusive or total price; or advertised or sold under the term “package” or a similar term. A summary of our responsibilities as organiser is outlined in Section B of these Booking Conditions.
Note: Where we are the organiser under the Package Travel Regulations, we will still act as agent in relation to the travel services and you will have contracts with each of the suppliers of those travel services.
The travel services, two or more of which can constitute a Package lasting more than 24 hours, are:
a. transport(e.g. flight);
b. overnight accommodation;
c. rental of cars or other motor vehicles;
d. any other tourist service not intrinsically part of one of the travel services in a. b. and c
Other tourist services: Please note that where you have made a booking which consists of either accommodation, transport or car rental, plus one or more “other tourist services” as described at (d) above, according to the Package Travel Regulations this will only create a Package where the tourist services account for 25% or more of the value of the combined services or are advertised as, or otherwise represent, an essential feature of the Package.
Additional tourist services selected and purchased after the transport, accommodation or car rental service has started or where the tourist services are intrinsically part of the other components will not make a Package. These bookings will be treated as single component bookings and will not provide rights under the Package Travel Regulations.
Third party packages: If we sell two or more travel services that have already been combined as a Package by a third party tour operator or principal, the tour operator or principal will be the organiser and may be liable for your Package under the Package Travel Regulations. Their terms and conditions will apply.
Your booking confirmation will specify whether a Package has been purchased and will identify the party who is responsible for your Package as organiser.
3 BOOKINGS
Bookings may be made by calling us on 0117 427 0486, by emailing us at Belinda@InclusiveWorldTravel.co.uk or via our website: https://www.inclsuiveworldtravel.co.uk. All bookings are subject to availability at the time of booking. We do not guarantee that any of the travel services that we advertise, including on our website, will still be available at the time of booking and once you have made a booking request, we will confirm availability of your chosen travel services.
Where you book with us, any order summary email sent to you is NOT contractual acceptance of the supplier’s ability to provide these travel services. It is an acknowledgement that we have received your offer and should the travel services be available as detailed on our website then we will issue to you a booking confirmation which is when your contract comes into existence and you have entered into a legally binding agreement to purchase those travel arrangements subject to the supplier’s terms and conditions and these Booking Conditions.
It is your responsibility to ensure that all names listed in the booking confirmation are accurate as per the passports of the travellers in your party and that the travel itinerary accords with your requirements. Changes are rarely possible once travel documents are issued, and alterations may incur additional charges. See Clause 7 regarding amendment fees and cancellation charges.
On receipt of all travel documents please check whether the details such as names, dates and timings are accurate and advise us immediately if there are any errors or omissions.
4 SPECIAL REQUESTS
If you have a special request, please advise us at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of contract on our part or the part of the supplier or principal. Confirmation that a request has been noted will be included on your booking confirmation invoice or upon the acknowledgment of booking. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking.
5 PRICE AND PAYMENT
We reserve the right to alter the prices of any of the services shown on our website. You will be advised of the current price before your contract is confirmed. The price of your booking includes all taxes and additional fees, charges and costs that are known at the time of your booking. Where such additional taxes, fees charges and costs cannot be calculated prior to you making a booking you will be given an indication of the type of additional costs that you may still have to bear.
In order to book your chosen travel arrangements, you will be required to pay a non-refundable deposit or the full balance at the time of booking depending on when you make your booking relative to the travel departure date. You must also pay any applicable insurance premiums and booking fees.
If only a part payment is made, the balance must be paid on or before the due date that we stipulate in your booking confirmation. Failing to do so may result in cancellation of the booking by the principal(s) or supplier(s) and may incur cancellation fees set out in their terms and conditions.
6 FLIGHTS
If booking flights with low-cost carriers, we act as your booking agent. You appoint us to source those flights and you are our principal. Payment terms for this service are agreed between you and us. In all other respects in relation to the booking you are subject to the airline’s terms and conditions which you will refer to on the airline’s website. You are advised to and will be deemed to have read these before asking us to book your flight on your behalf. In doing so, we are acting as, and you agree that, we are your agent.
We accept no liability in relation to your contract with the airline, its acts or omissions or the flight itself.
If you book a charter flight through us, we act as agent for the charter flight provider who is the ATOL holder. The contract will be between the airline and yourself.
7 CANCELLATION AND AMENDMENT
Cancellations: You may cancel your booking at any time. Cancellation requests must be sent to us in writing by post to 12 London Road, Morden, Surrey, SM4 5BQ, and by email to Belinda@InclusiveWorldTravel.co.uk, by the lead name on your booking and it will not take effect until received by us. Upon receipt of your cancellation request, the principal(s) or supplier(s) may be entitled to charge a cancellation fee as specified in their terms and conditions. Cancellation fees may be as much as 100% of the total price of the travel service depending on when cancellation occurs. In addition, as we incur administration costs in processing your cancellation request, we charge an administration fee per passenger of £25.
Amendments: If you want to amend any aspect of your booking you must notify us in writing by post at 12 London Road, Morden, Surrey, SM4 5BQ and email to Belinda@InclusiveWorldTravel.co.uk. We cannot guarantee that an amendment can be made after your booking is confirmed and this will depend on the terms and conditions of the supplier(s) of the travel service(s). Other than in respect of a request to increase the number of persons in your party/booking, you would need to pay an amendment fee per passenger of £25 together with the airline/supplier amendment charges (if any).
If you have taken out travel insurance (see Clause 8 below), you may be able to claim any cancellation and amendment charges under your policy.
8 INSURANCE
We strongly recommend that you take out sufficient travel insurance in order to cover you and your party and many of the principals or suppliers of the travel services that we sell require you to do so as a condition of booking with them. In addition, certain destinations have made it compulsory to take out travel Insurance – we will advise you where insurance is compulsory. We recommend that your insurance policy covers you, as a minimum, against the cost of cancellation by you; the cost of medical assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
9 DELIVERY OF DOCUMENTS
All travel documents will be sent to you by post or by email within 48-72 hours following full payment of your booking, except in the case of a very late booking, in which case documents can be sent within 24 hours. Once documents are posted to you, no liability will be accepted by us unless the loss of documents is caused due to our negligence. In such instances, if the tickets or other documents need to be reissued, all the costs should be borne by you. Documents can only be reissued up to 7 days before departure. You may request for delivery by other means if necessary, e.g. courier provided that this is at your cost.
10 PASSPORTS, VISAS AND HEALTH
It is your responsibility to inform us of any medical conditions and reduced mobility before you book so that we can ensure suitability of your trip for your particular needs.
It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.
You must provide us with full details of any existing medical condition, allergy or disability that may affect your travel arrangements (including any accommodation requirements) at the time of your booking. If in our reasonable opinion your chosen travel arrangements are not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability we and/or the supplier or principal can also cancel the booking when we find out full details if in our reasonable opinion, the travel arrangements are not suitable or you are not travelling with someone who can provide all assistance reasonably required.
Although we can provide general information about the passport, visa (including approximate time to obtain) and health formalities in your destination countries, it is your responsibility to check, fulfil and confirm your own specific circumstances with the relevant Embassies and/or Consulates and your doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Passports: Most countries now require passports to be valid for at least 6 months after your return date.
Visas: In some countries, a transit visa is required for passing through the country with connecting flights. We will advise you if a transit visa is required for your travel. Please also check the UK government foreign travel website for the most up to date information on visa entry requirements at https://www.gov.uk/foreign-travel-advice.
Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
Security: Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware. See Clause 15.
11 COMPLAINTS
In our capacity of agent, we will assist you with any complaints and you may contact us at 0117 427 0486 or write to us at our office 12 London Road, Morden, Surrey, SM4 5BQ. However, as the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them in the first instance. If you have a problem with your travel arrangements whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity for the principal/supplier to investigate and rectify your complaint. As a result, the amount of compensation you may be entitled to may be reduced or you may not receive any at all.
If you wish to complain when you return home, please write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will, of course, assist you with this if you wish - please contact us at 0117 427 0486 or write to us at our office 12 London Road, Morden, Surrey, SM4 5BQ.
12 RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier/principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you 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 twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit 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.
13 UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond our (or a supplier’s) control the consequences of which could not have been avoided even if all reasonable measures had been taken (“Unavoidable and Extraordinary Circumstances”). For the purposes of these Booking Conditions, unavoidable and extraordinary circumstances include, but are not limited to, warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, pandemics or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the supplier(s) control.
14 ACCOMMODATION RATINGS & STANDARDS
All ratings are as provided by the relevant supplier or are our own average ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the accommodation and include this within the description of the accommodation on our website.
You should be aware that it is the standards and health and safety requirements of the country in which the services which make up your travel arrangements are provided which apply and not those of the United Kingdom. These standards will be different to those of the United Kingdom and may sometimes be lower.
15 DOCUMENTATION & INFORMATION
All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier in question are intended to present a general idea of the services provided by the supplier. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any travel arrangements or any other services please contact us.
16 SAFETY & SECURITY
You are responsible for making yourself aware of Foreign Office advice with regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly (see https:www.gov.uk/travelaware). Advice from the Foreign Office to avoid or leave a particular country may constitute an Unavoidable and Extraordinary Circumstance under Clause 13 above.
17 YOUR BEHAVIOUR
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the supplier/principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the supplier reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the supplier/principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
18 FINANCIAL PROTECTION
18.1 Some of the travel arrangements we sell are protected in the event of the financial failure of the travel provider. Please check with us at the time of your booking request whether financial protection applies.
18.2 If you buy an ATOL protected flight or flight inclusive holiday through us, you will receive an ATOL certificate listing what elements of your booking are financially protected and who to contact in the event that you need to do so.
18.3 ATOL protection is not available for flights with low cost carriers or where your payment is made direct to airlines, unless they are included as part of a package we have booked as agent on your behalf with the tour operator supplier.
18.4 The suppliers identified in your ATOL certificate will provide you with the service listed in that certificate (or a suitable alternative). Occasionally, where the supplier is unable to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services or a suitable alternative (at no extra cost to you). You agree to accept that should this arise the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to that alternative ATOL holder. In some instances, it may not be possible to appoint an alternative ATOL holder in which case you may make a claim under the ATOL scheme.
18.5 If the suppliers identified in your ATOL certificate are unable to provide the services listed (or a suitable alternative through another ATOL holder) for reasons of insolvency, the Trustees of the Air Travel Trust may make payments to (or confer benefits on) you under the ATOL scheme. You agree that in return for such 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 against us as travel agent (or your credit card issuer). You also agreed that any such claims may be reassigned to another body if that body has paid sums you have claimed under the ATOL scheme.
18.6 Where we act as agent for a package organised by a third party, we will advise you of the financial protection arranged by the organiser in the case of the organiser’s insolvency.
19 DATA PROTECTION
As part of your booking information we will need you to provide us with personal information such as name, email address, telephone number, passport number and other identifying information. We may also need to collect special category information that you provide such as health and medical information, details of any disabilities, or religion.
We will process your personal information, including special category information, for the purpose of making your booking and also pass this to the relevant suppliers of your travel arrangements or other particular persons who are a part of the provision of your travel services, as necessary to arrange your travel. Further, if required by any authorities, or as required by law, the information may be provided to public authorities such as customs or immigration. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, we will pass your data to suppliers outside of the EEA in compliance with the requirements of the General Data Protection Regulation as regards such transfers.
In making this booking, you understand that the personal information that you provide in your booking form may be shared with suppliers and any person required to facilitate your travel arrangements.
Please see our Privacy Policy for full details of how we use personal data.
SECTION B: PACKAGE HOLIDAY TERMS AND CONDITIONS
This section ONLY applies where we are organiser of your Package under the Package Travel Regulations (see Clause 2 of Section A) and should be read in conjunction with Section A of these Booking Conditions.
1 TRANSFERRING YOUR PACKAGE BOOKING
If any member of your party is prevented from travelling on their Package, that person(s) may transfer their place to someone else, subject to the following conditions:
If you are unable to find a replacement traveller, cancellation charges may apply as indicated in Clause 6 of Section A. Otherwise, no refunds will be given for passengers not travelling or for unused services.
2 PRICE CHANGES AND SURCHARGING
2.1 Changes in the cost of the following mean that the price of your travel arrangement may change after you have booked. However, there will be no change within 20 days of your departure date.
2.2 You may be charged for the amount of any increase in accordance with this clause plus the administration charge of £1.00 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements) you will have the option of (i) accepting the price increase and pay the requested amount (ii) accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price) or (iii) cancelling your holiday booking and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days of the issue date printed on your final invoice.
2.3 Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you. However, please note that travel arrangements that are 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 CANCELLATION BY YOU
You, or a member of your party, may cancel your booking at any time by giving us written notice. Any such notice of cancellation must be given by the lead name on the booking.
Any notice addressed to us should be sent to the correspondence as stated on your booking confirmation invoice. We will apply charges from the date we receive the notice from you.
As we may have incurred costs in relation to the cancelled booking (including, without limitation, charges which are imposed on us by suppliers) you will be charged a cancellation fee per person which reflects the losses and costs which we incur in cancelling the booking as follows (please ask us if you would like to understand how these charges are calculated).
Our cancellation charges are below:-
Time We Receive Your Notice to Cancel Before Departure | Cancellation Charge Per Person |
---|---|
More than 56 days | Loss of Deposit |
56-43 days | 30% of the total cost of holiday (or loss of deposit if greater) |
56-43 days | 50% of the total cost of holiday |
35-29 days | 70% of the total cost of holiday |
28-15 days | 90% of the total cost of holiday |
14 or fewer | 100% of the total cost of holiday |
Where any deposit is payable by instalments, any references in the above table to “Loss of Deposit” shall mean loss of the initial deposit and the deposit balance and, if the deposit balance has not been paid as at the date of cancellation, then the deposit balance shall be immediately payable and form part of the relevant cancellation charge.
If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.
4 IF YOU CANCEL YOUR PACKAGE DUE TO UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES
If we have organised a Package for you, you have the right to cancel your Package before departure without paying a cancellation charge in the event of Unavoidable and Extraordinary Circumstances (as defined in Clause 12 of Section A) occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity at or 14 days before your date of departure.
5 IF THE SUPPLIER/PRINCIPAL CHANGES OR CANCELS YOUR PACKAGE
If the supplier makes an insignificant change to your travel arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you.
Occasionally the supplier/principal may have to make a significant change to your confirmed travel arrangements. Examples of “significant changes” include the following, when made before departure:
If the supplier/principal makes a significant change or cancels your travel arrangements, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
If the supplier/principal makes a significant change or cancels less than 14 days before departure (other than for reason of non-payment of travel arrangements by you, events beyond our control or minimum group size numbers not being reached, we will also pay you compensation as detailed below:-
Period of Notice We Give to You Before Departure | Compensation to Each FullFare Passenger |
---|---|
70+ Days | £0 |
69-29 Dys | £10 |
28-15 Days | £20 |
14-8 Days | £30 |
7-0 Days | £40 |
You must notify us of your choice within 7 days of being notified or the significant change. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we may treat the booking as terminated and refund your payments.
Independent travel arrangements (eg, flights, airport parking, car hire, etc) that you may arrange separately do not form part of our or the supplier/principal’s contract with you. Should it become necessary to make changes to your travel arrangements, neither we, nor your supplier/principal will be liable for any amendment or any cancellation charges incurred by you in respect of any such independent travel arrangements.
6 OUR RESPONSIBILITIES AS ORGANISER FOR PACKAGES
Liability as organiser: Where you have booked a package where we are acting as organiser under the Package Travel Regulations, although we still act as agent for the supplier/principals of your chosen travel arrangements and your contracts will be with the supplier/principals, we will accept responsibility for the travel arrangements making up your package as an “organiser” under the Package Travel Regulations as set out below. As such, we are responsible to properly provide all of the travel services included in your Package, as set out in your booking confirmation. Subject to these Booking Conditions, if we (or the supplier/principals) have failed to perform or has improperly performed those travel arrangements and we don’t remedy or resolve your complaint within a reasonable period of time and this has affected the enjoyment of your Package, you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as (but not limited to): you having followed the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the supplier/principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Supplier/Principals have failed to perform or improperly performed your Package if you wish to make a claim against us.
We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if (and to the extent that) it results from:
a. an act(s) and/or omission(s) of the person(s) affected; or
b. an act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package and which were unavoidable and extraordinary; or
c. due to Unavoidable and Extraordinary circumstances (as defined in Clause 12.)
Limits on liability: If we are found liable under this clause and/or the Package Travel Regulations, we will limit the amount of compensation we may have to pay you as follows:
a. Claims which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
b. Claims in respect of international travel by air, sea and rail, or any stay in a hotel
It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Please note, we do not accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; or (b) which relates to any business.
We do not accept responsibility for services or facilities which were not included in your booking confirmation or where they are not advertised in our brochure / on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
7 INSOLVENCY PROTECTION FOR PACKAGE PAYMENTS
We provide financial security for Packages not including flights by way of a trust account held with The Travel Trust Association, St Andrews House, West Street, Woking, Surrey GU21 6EB – enquiries@traveltrust.co.uk
If you book travel arrangements that don’t form part of a Package e.g. you book and pay for single travel services (even if you add other services later) your monies may not be financially protected. Please ask us for further details.
8 PROMPT ASSISTANCE FOR PACKAGES
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not due to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier/principal, airline or other transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
9 MINIMUM NUMBERS
Some of the travel arrangements shown on our website can only be operated if there is sufficient demand for the same and a sufficient number of people book these travel arrangements. If there is insufficient demand on subsequent confirmed bookings, we or your supplier/principal has the right to cancel the travel arrangements in question. If it becomes necessary to do so, we will notify you as soon as possible. In this situation, you will then have the choice of accepting an alternative travel arrangement of equivalent or closely similar standard. The cost of any alternative holiday offer will be the selling price at the time of change. If the alternative is cheaper, you will be refunded the difference. If the alternative is more expensive, you have the option to pay the difference. If you do not wish to take the alternative you are offered, you can choose to cancel your holiday and receive a refund of any monies you have paid to us. We will also consider an appropriate refund of insurance premiums paid, if you can show that you are unable to transfer or re-use your policy. When we cancel for lack of numbers in accordance with this paragraph no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable. In the unlikely event that we do need to cancel your holiday for the reason of lack of numbers, we will not do so less than 20 days before your arrival date if the holiday is for more than 6 days. In the case of holidays lasting between 2 and 6 days we will not cancel the package less than 7 days before the start of the package.in the case of trips lasting less than 2 days we will give you at least 48 hours’ notice of any cancellation.
KEY RIGHTS NOTICE FOR BOOKINGS MADE UNDER SECTION B AND WHICH QUALIFY AS A PACKAGE.
THE PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS REGULATIONS 2018
Can be found at: www.legislation.gov.uk/uksi/2018/634/contents/made
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