SOUND TRAVEL GROUP LIMITED (TRADING AS SOUND TRAVEL)
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
c. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A includes the conditions that apply to all bookings you make with us. Section B applies to any booking you make with us which includes admission to festivals, concerts and gigs (“Events”). Section C applies where you book a “Package”,as defined in the Package Travel & Linked Travel Arrangements Regulations 2018 and this includes a combination of travel and tourism arrangements such as accommodation and transport, referred to as“Travel Arrangements” in these Booking Conditions.
Section D applies to any bookings where we act as agent for the Supplier/Principal, for example where you book a single component Travel Arrangement with us.
SECTION A: ALL BOOKINGS
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit (or full payment if you are booking within [60 days] of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance in full and on time,we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
We endeavour to ensure that all the information and prices both on our website are accurate,however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges (including event cancellation), medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
5. Force Majeure
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 “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control,the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include 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 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 and all similar events outside our or the supplier(s) concerned’s control.
Please note that changes or cancellations to the Event at the request of, for example, police or other local authorities, television/radio broadcasters; or where tickets are no longer available through Sound Travel Group and/or our licensors’ typical supply channels due to a change in the ticketing strategy of the organisers of the Event, this will be considered a Force Majeure event and we will have no liability to you for compensation. This means that our total liability to you will be for a refund of the ticket price paid by you for the Event only, and we will not be responsible for any compensation, or to refund any accommodation, travel or other costs incurred by you, except where these were also booked through us.
Please note that this particularly applies where a Force Majeure events leads to the cancellation or partial cancellation of the Event changing the dates of the Event so it no longer coincides with the remainder of your arrangements, such as your transport or accommodation, or results in you missing some or all days of the Event. Where this results in you missing all or part of the Event, we would not be able to offer you tickets for alternative days at the Event unless you have booked these with us in advance, and in these cases, only a refund of the ticket amount would be provided to you.
Please note that where a Force Majeure event occurs and we have to cancel all or part of your arrangements, your remedy for such cancellation is limited to a complete refund of your total purchase price under this agreement less any monies outstanding to be paid to us at the date of termination. However any refund payable under this clause does not extend to costs incurred by you with regard to additional expenditure incurred in organising travel and any rights of passage to and from the Event.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
6. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
7. Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact firstname.lastname@example.org
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
You can access the European Commission Online Dispute Resolution (ODR) platform athttp://ec.europa.eu/consumers/odr/.
9. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager, Event organiser or 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, or you otherwise fail to comply with any applicable rules, regulations or requests, you may be ejected from any Event, Travel Arrangements or other service/arrangements without liability.
Furthermore, in these circumstances,we reserve the right to terminate your booking with us immediately. In the event of such termination or ejection, our liability to you and/or your party will cease and you and/or your party will be required to leave the Event, your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the Event organiser, hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result 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.
10. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
11. Conditions of Suppliers
Many of the services which make up your arrangements are provided by independent suppliers.Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Where the Supplier’s T&C’s conflicts with our Booking Conditions,the Supplier’s T&C’s will take precedence over ours, unless it is deemed under English law to be invalid or unenforceable, in which case the relevant term or condition in our booking conditions will prevail. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
12. Please note that where your booking with us includes tickets and/or entry to any Event, our duty to you is to provide you with the with the necessary tickets or documentation for the purposes of gaining entry to that Event, in good time prior to your departure. We have nofurther responsibility to you nor are we responsible to you for the provision of the Event, as thisis outside our control. We do not contract with the Event organisers directly, nor do we act as their agent.
13. It is your sole responsibility to ensure you take the relevant ticket or documentation with youand are able to present it at entry to the Event to gain entry. Failure to do so will likely result inyou being unable to gain entry to the event and we accept no liability for any such failure.
14. You must ensure you present a valid, undamaged ticket to gain entry into the Event, along with valid ID. Please note that damaged/spoiled tickets may not be accepted by the Event organiser,and as such you may not be able to gain entry to the Event. Furthermore, the Event organiser may refuse entry to you where you do not have valid ID or where your ID does not match the name on the ticket. We will have no liability to you in these circumstances.
15. Admission to venues is controlled by the Event organiser, venue officials and/or the police. Where we provide you with a ticket for an Event, our responsibility is limited to the provision ofthe ticket itself and this doesn’t guarantee your admission to the venue. Your actions orbehaviour or the behaviour or actions of others may result in you being denied entry to thevenue. Such circumstances are beyond our control and we accept no responsibility if this happens. We accept no liability whatsoever for either the quality of any Event or venue facilities, or for any injury sustained in the venue or in the vicinity of the venue or during theEvent (except where such injury is caused by our negligence).
16. Venue and Ticket regulations apply which will be stated on your ticket or available on request from the Event organiser. Security for entry to venues may be strict. You’ll need to allow a time to go through the security arrangements, which, depending on the Event, may involve baggage checks and/or screening.
17. Please note that it is increasingly difficult to have tickets re-issued, therefore you must keep your ticket safe and undamaged and take it with you for entry to the Event. If you lose your ticket, please contact us immediately but we cannot guarantee that the Event organiser will re-issue your ticket and we will have no liability to you in these circumstances. You will also be liable to pay any additional costs, including where this means purchasing a new ticket. We reserve the right to levy an administration charge for our assistance in these circumstances.
18. Where any wider entry requirements are imposed by Event organisers, we will let you know ingood time before your departure, provided we are notified of such requirements. As with tickets, it is your sole responsibility to ensure that you comply with any applicable entry requirements and we will accept no liability if you are prevented entry or removed from an Event due to a failure on your behalf to comply with any such requirements.
19. Events can change or be cancelled, sometimes at short notice, due to unforeseeable circumstances. In these circumstances, we will endeavor to obtain a refund for you from the Event organiser, but we shall have no further liability to you. Please see our Force Majeure clause for further information.
20. Event tickets purchased through Sound Travel Group Limited are strictly subject to the Event organisers terms and conditions. The re-sale of Event tickets may be prohibited by the Event organiser, and in some cases, re-sale may even be illegal. You’re advised to seek permission from the Event organiser before attempting to re-sell any Event tickets.
This section only applies to Packages as defined under the Package Travel & Linked Travel Arrangements Regulations 2018.
21. Pricing Where you have booked a Package, we reserve the right to increase the price of confirmed Travel Arrangements within that Package solely to allow for increases which are a direct consequence of changes in:
i) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
ii) the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
iii) the exchange rates relevant to the Travel Arrangements. You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Package 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 cancelling 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 not forming part of your Package.
Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation. Should the price of your Package go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £25. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Package due to contractual and other protection in place.
There will be no change made to the price of your confirmed Package within 20 days of yourdeparture nor will refunds be paid during this period.
If You Change Your Booking & Transfer of Booking:
If you wish to change any part of your booking after our confirmation invoice has been issued, youmust inform us in writing as soon as possible. This should be done by the first named person on thebooking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet yourrequested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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.
Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 23 .
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
d. the transferee agrees to these booking conditions and all other terms of the contract between us. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 23 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements, including Event tickets may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify usin writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Should one or more member of a party cancel, it may increase the per person holiday price of thosestill travelling and you will be liable to pay this increase. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation chargesas follows:
More than 60 days = Deposit only
31 to 59 days prior to departure = 50% of holiday cost
Less than 30 days prior to departure = 100% of holiday cost
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that partof the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be ableto reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us. *Cancellation of Travel Arrangements and Event tickets can result in up to 100% cancellation charges regardless of the notice period given to us. In most cases the deposits, instalments or balances we collect will reflect the payments we’re required to make to the Event organisers. These payments maybe higher than our suppliers typically charge at other times of the year due to the high demand for services in connection with different Events. In order to cover the costs we incur from your cancellation, these charges will be passed on to you. Unless otherwise advised when you book, all payments you’re required to make are non-refundable.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements 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 additional 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. For the purposes of this clause, “unavoidable and extraordinary circumstances”means warfare, acts of terrorism, significant risks to human health such as the outbreak of seriousdisease at the travel destination or natural disasters such as floods, earthquakes or weather conditionswhich make it impossible to travel safely to the travel destination. This clause 23 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
1. If We Change or Cancel
We may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make an insignificant change to your booking, 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. Examples of insignificant changes include change of accommodation to another of thesame or higher standard. Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or asignificant part of your time away.
(c) A change of outward departure time or overall length of your arrangements by more than 12hours.
(d) A significant change to your itinerary, missing out one or more destination entirely. A significant change in relation to an Event ticket is a change which in our reasonable opinion makes the Event materially different to the Event purchased. Changes to performance times, venues, performers and artists shall not be considered a significant change. A significant change is judged by reference overall theme of the Event rather than the individual act(s) scheduled to appear. No scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing, and so cancellation by an artist will not be a significant change.
We will not cancel your booking less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement or Event is not reached. If we have to make a significant change or cancel, 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:
i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii if available, accepting an offer of alternative travel arrangements of a comparable or higherstandard from us (at no extra cost); or
iv if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed arrangements andcancel your booking;
(b) If we cancel your booking and no alternative arrangements are available. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure in which we notify you:
More than 60 days £ NIL
59 to 31 days prior to arrival £10
Less than 30 days prior to arrival £20
We will not pay you compensation in the following circumstances:
(a) where we make an insignificant change;
(b) where we make a significant change or cancel your arrangements more than [60 days]before departure;
(c) where we make a significant change and you accept those changed arrangements or youaccept an offer of alternative travel arrangements;
(d) where we have to cancel your arrangements as a result of your failure to make full paymenton time;
(e) where the change or cancellation by us arises out of alterations to the confirmed bookingrequested by you;
(f) where we are forced to cancel or change your arrangements due to Force Majeure (seeclause 5).
If we become unable to provide a significant proportion of the arrangements that you have bookedwith us after you have departed, we will, if possible, make alternative arrangements for you at noextra charge and where those alternative arrangements are of a lower standard, provide you with anappropriate price reduction.
22. Our Responsibilities in Respect of Packages
(1) We will accept responsibility for the Travel Arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all Travel Arrangements included in your Package, as set out in your confirmation invoice.
Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services 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.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.
Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss,damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the servicesforming part of your Package and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 5)
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and 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.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices.
Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditionscontained in those ‘Conditions of Carriage’ form part of your Package booking with us, as well as withthe transport company and that those ‘Conditions of Carriage’ shall be deemed to be included byreference into this Package booking.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation2004, any liability we may have to you arising out of your Package booking, arising out of the samefacts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or areentitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim toourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedureset out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under18 years) must also assign to ourselves or our insurers any rights they may have to pursueany third party and must provide ourselves and our insurers with all assistance we mayreasonably require.
(6) Please note, we cannot 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 concerningyour booking prior to our accepting it, we could not have foreseen you would suffer or incur;or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which were not included on yourbooking confirmation or where they are not advertised in our brochure / on our website. Forexample any excursion you book whilst away, or any service or facility which your hotel orany other supplier agrees to provide for you.
(8) Where it is impossible for you to return to your departure point as per the agreed return dateof your Package, due to “unavoidable and extraordinary circumstances”, we shall provide youwith any necessary accommodation (where possible, of a comparable standard) for a periodnot exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this clause,“unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significantrisks to human health such as the outbreak of serious disease at the travel destination ornatural disasters such as floods, earthquakes or weather conditions which make it impossibleto travel safely back to your departure point.
23. Insolvency Protection for Packages In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018, we provide financial security for Packages not including flights by way of our Travel Vault membership. If you book Travel Arrangements that don’t form part of a Package your monies will not be financially protected. Please ask us for further details.
24. 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 owing 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 orcharges 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.
This section applies to bookings we make for you when acting as an agent on behalf of theSupplier/Principal.
25. Your Contract
When making your booking we will arrange for you to enter into a contract with the applicable supplier of the Travel Arrangements (“Supplier/Principal”), as specified on your confirmation invoice.
Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you we advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude theSupplier/Principal’s liability to you. Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.
26. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect atthe time we receive it. Please ensure that you have received written confirmation of any changes toyour booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements.
The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).
In addition, you must pay us an administration fee of £25.00 per person per booking for any amendments to bookings and an administration fee of £25 for cancellations.
We will notify you of the exact charges at the time of amendment or cancellation. Please note: some Supplier/Principals, particularly for event tickets, do not allow changes and therefore full cancellation charges will apply.
27. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make asignificant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.
28. Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept noresponsibility 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 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.