Please read these terms and conditions carefully before agreeing to them, they contain important information about your rights and obligations.
If you are unclear or uncertain about anything in these terms and conditions please contact us with any queries before you make a booking:
- By phone: 0800 954 3710
- By fax: 0191 222 9708
- By post: Dawson & Sanderson 124-130 Northumberland Street, Newcastle upon Tyne, NE1 7DG
Our usual hours of business are: Monday to Friday from 9.00 am to 5.30pm.
By accessing this website and/or booking with us you agree that you have read, understood and agree to be bound by these terms and conditions and you agree to comply with all applicable laws, rules and regulations.
Please note, that you must be over 18 and resident in the United Kingdom to make a booking with us. If you are a consumer these terms and conditions do not affect your statutory rights.
In these terms and conditions the following words shall have the following meanings (unless the context otherwise requires):
Dawson and Sanderson Limited a company registered in England and Wales with company number 741833 whose registered office is at 124-130 Northumberland Street, Newcastle upon Tyne, NE1 7DG. VAT Registration number is 177 9838 90. holidayco.co.uk is a trading name of Dawson and Sanderson Limited.
You means the user of the website and/or the person who makes the booking (lead name)
Third Party Supplier, tour operator, airline, hotel, car rental agency or other third party supplier of holiday products or services
We hold full membership of the Association of British Travel Agents (ABTA number K1638) and International Air Transport Association (IATA number 91211945). The flights and air holiday packages shown are ATOL Protected by the Civil Aviation Authority, as we act as agent for licensed tour operators. The names and ATOL numbers of these tour operators are displayed with each holiday and flights shown.
By making a booking with us, you agree on behalf of all persons detailed on the booking that that you
a. have read these Agency Booking Terms and Conditions and agree to be bound by them;
c. are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services;
d. accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
When you make a booking with us (and you have other persons detailed on your booking) we will need to share your contact details, i.e. your name and address, with the other passengers that are listed on your booking. Your contact details will be shared when the other persons on your booking come to pay for all or part of their chosen Arrangements and by proceeding with your booking you consent to us sharing your contact details in this manner.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf.
However, where you make a booking of Arrangements in such a way as to create a Package Holiday that we have organised, we will accept responsibility for that Package in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 2, below, for further information as to the circumstances in which we will be acting as a Package Organiser).
As a result of the above, 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:
(A) Section A contains the conditions that will apply to all bookings.
(B) Section B sets out the extra terms that will apply when you make a booking with us, where we act as the Package Organiser.
SECTION A - Applicable to all bookings
1. Your Contract
For all Arrangements, your contract will be with the supplier of the Arrangements in question (the “Supplier/Principal”). This means that, when making your booking, we will arrange for you to enter into a contract with the Supplier/Principal named on your booking confirmation.
These Agency Booking Terms and Conditions and the Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Arrangements provided by the Supplier/Principal, unless we have sold those Arrangements in such a way as to create a Package Holiday where we are acting as the Package Organiser (please see clause 2 for further information), in which case we will accept responsibility for those Arrangements in accordance with Section B of these Booking Terms and Conditions.
2. Package Holiday Bookings
Where your booking is for a Package Holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Terms and Conditions.
A “Package Holiday” exists if you book a combination of two of the following separate travel services:
c. rental of cars, motor vehicles or motorcycles (in certain circumstances);
d. any other tourist service not intrinsically part of one of the above travel services;
provided that those separate travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are offered, sold or charged at an inclusive or total price.
Where you have booked a Package Holiday where we are acting as an Organiser, we still act as agent on behalf of the Supplier/Principals of your chosen Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser and as outlined in Section B of these Booking Terms and Conditions. This does not prejudice or otherwise affect our agency status with Supplier/Principals.
Please Note: We will only be acting as a Package Organiser where you book a combination of separate services in the manner described above – i.e. where you create your own Package. From time to time we will sell Packages that are organised by the relevant Supplier/Principal, in which case they will be responsible for the performance of that Package. When you book a Package, we will clearly inform you of the identity of the Package Organiser at the time of booking.
3. Booking and Paying for your Arrangements
Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your booking by issuing a confirmation invoice on behalf of the Supplier/Principal(s) of your chosen Arrangements.
A binding contract between you and the Supplier/Principal, will come into existence when we despatch the booking confirmation.
It is your responsibility to ensure that the information you provide to us or that we are otherwise holding on your behalf (whether that is a name, address, passport number or otherwise) is correct and fully up to date. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. You must contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We cannot accept responsibility for any amendment charges or inability to use booked Arrangements that arise as a result of a failure to provide us with correct and up to date information for each individual who forms part of your booking.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will inform the Supplier/Principal(s) who may cancel your booking and charge the applicable cancellation fees (as set out in the Supplier/Principal’s Terms and Condition).
Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements will be held on behalf of the Supplier/Principal concerned, with the exception of bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.
Please Note: We do not apply a charge where you pay for your Arrangements with a personal credit or debit card carrying the MasterCard, Visa or American Express logo. We do not accept American Express on foreign currency purchases.
4. Low Deposit Offers
Low deposit offers are only available on selected package holidays for existing customers who have never defaulted on payment in the past. For a list of holidays that apply to the Low Deposit offer, please call 0800 954 3701.
Where you wish to book a Low Deposit Offer an administration fee of £10 per person, per booking will be payable, in addition to any other fees or charges advised to you at the time of booking.
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish 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 your booking is confirmed.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Arrangements at the time of booking.
Where you have booked a Package Holiday where we are acting as the Package Organiser, additional provisions will apply to the price that you pay please see clause 24 for further information.
You are strongly recommended to take out personal travel insurance for all members of your party. Indeed, all of our Supplier/Principals require that you take out adequate insurance as a condition of your contract with them.
We will be pleased to arrange insurance cover for you, at the time of your booking, although you are free to make your own arrangements. If you choose not to purchase insurance via ourselves, you must advise us of the company you are insured with in case we or the Supplier/Principal require their details, in the event of a medical emergency.
Whether you purchase insurance via us or make your own arrangements, it is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
8. Special Requests
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal but we can't guarantee that they will be met and we will have no liability to you if they are not.
9. Fitness to Travel and Medical Conditions
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 trip, please provide us with full details before we confirm 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 in your chosen arrangement.
Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.
10. Changes by You
Any request to change your booking must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel.
Whilst we will try to assist, we cannot guarantee that such requests will be met. Changes cancellations can only be accepted in accordance with the booking conditions of the Supplier/Principal of your 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 Arrangements and will normally increase closer to the date of departure).
In addition, you must pay us an administration fee of £25 per person per booking.
Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.
11. Cancellation by You
If you or any other member of your party decides to cancel your confirmed booking you must notify us in 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 imposed by the Supplier/Principals of your chosen Arrangements for those still travelling and you will be liable to pay this increase.
In the event that you choose to cancel your chosen Arrangements, cancellation charges will be levied. The cancellation charges that will apply in such circumstances will be those imposed by the applicable Supplier/Principal of your chosen Arrangements, some of which will be up to 100% of the cost of your chosen Arrangements. We will inform you of the applicable cancellation charges and, in addition, we will also charge you an administration charge of £50 per person.
12. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative Arrangements offered by the Supplier/Principal but we will have no further liability to you.
Where you have booked a Package Holiday where we are acting as the Package Organiser, additional provisions will apply in relation to any changes or cancellations made by the Supplier/Principal, please see clause 27 for further details.
As the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 15 for further details. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
14. Our 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 Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the 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.
Please Note: Where you have booked a Package Holiday where we are acting as the Package Organiser we will accept responsibility for that package in accordance with clause 28.
We are a Member of ABTA, membership number 24664. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
16. Force Majeure
Except where otherwise expressly stated in these booking conditions neither we nor any Supplier/Principal will be liable or pay you compensation if our obligations to you are affected by “unavoidable and extraordinary circumstances”, meaning any event beyond our 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 threats 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, 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.
Brexit Implications: please note that certain 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 and the Supplier/Principals would treat any such changes as Force Majeure, and whilst, where you have booked a Package Holiday with us, we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
17. Visa, Passport and Health Requirements
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the Arrangements you chose to purchase. We will endeavour to provide you with details as to the passport, visa and health requirements applicable for travellers with an EC passport during the booking process; however, information on visa, passport and health requirements, where given and applicable, is so given based on the above assumptions. Requirements may change and you are therefore strongly recommended to check the up to date position with the Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
It is your responsibility to ensure that all members of the travelling party must be in possession of a full 10-year British Citizen passport for travel outside the British Isles (this includes all children under 16 who are not already included on an adult passport). You must inform us if you are travelling on a British Subject’s Passport.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
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.
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.
18. Law and Jurisdiction
These Booking Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
19. Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier/Principal. These 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.
20. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. 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 Arrangements or any other services please contact us.
Tickets are normally despatched 10 days prior to departure. If you do not receive your tickets 10 days before departure please contact us at the contact details provided. For bookings made within 14 days of departure, travel tickets must be collected from the airport on the day of travel.
Please Note: tickets will only be sent to the lead passenger’s address that we have used for previous correspondence. However, where you make your booking within 16 weeks of departure and make payment by either credit or debit card, all documents and tickets will be sent to the cardholder’s billing address only.
22. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
23. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 16).
SECTION B - Package Holiday Bookings
This section only applies to Package Holidays booked with us, where we have organised the Package and are therefore acting as the Package Organiser (please see clause 2 for further information).
Where you have booked a Package Holiday where we are acting as the Package Organiser, please read this section in conjunction with Section A of these Booking Conditions.
The price of your travel Arrangements has been calculated using exchange rates quoted by Oanda Corporation on an ongoing basis in relation to the following currencies: US Dollars, Euros.
We reserve the right to amend the price of unsold Arrangements at any time and correct errors in the prices of confirmed Arrangements. We also reserve the right to increase the price of confirmed Arrangements 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 Arrangements imposed by third parties not directly involved in the performance of the Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii) the exchange rates relevant to the package.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
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 your confirmed Arrangements (excluding any amendment charges and/or additional services or travel Arrangements), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Arrangement 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 Holiday. 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 Arrangements 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 Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your travel due to contractual and other protection in place. Unless otherwise stated your Arrangements will not include the cost of visas, overseas airport taxes, vaccinations, insurance, spa treatments, hotel extras, items of a personal nature, tours and excursions and chargeable activities at the hotel.
There will be no change made to the price of your confirmed Arrangements within 20 days of your departure nor will refunds be paid during this period.
25. Transferring Your Package Holiday Booking
If any member of your party is prevented from travelling on their Package Holiday, that person(s) may transfer their place to someone else, subject to the following conditions:
- that person is introduced by you and satisfies all the conditions applicable to the Arrangements making up the Package Holiday;
- we are notified not less than 7 days before departure;
- you pay any outstanding balance payment, an administration fee of £25 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and
- the transferee agrees to these Booking Terms and Conditions, the Supplier/Principal’s Terms and Conditions and all other requirements applicable to the Arrangements making up the Package Holiday.
- 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 will apply in accordance with clause 11. Otherwise, no refunds will be given for passengers not travelling or for unused services.
26. If You Cancel your Package Holiday due to Unavoidable & Extraordinary Circumstances
If you have booked a Package Holiday, you have the right to cancel your confirmed Package 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 Arrangements or significantly affecting 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 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 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.
27. If the Supplier/Principal Changes or Cancels your Package Holiday
Where you have booked a Package Holiday, if and Supplier/Principal makes a significant change to or cancels your Package Holiday, the provisions of this clause 27 will apply.
If the Supplier/Principal makes an insignificant change to your 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. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally the Supplier/Principal may have to make a significant change to your confirmed Arrangements. Examples of “significant changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements of twelve or more hours.
- A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
- A significant change to your itinerary, missing out one or more destination entirely.
The Supplier/Principal will not cancel your travel Arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. The Supplier/Principal may cancel your Arrangements before this date if, e.g., the minimum number of clients required for a particular Package Holiday is not reached.
If the Supplier/Principal has 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 accepting an offer of alternative Arrangements of comparable or higher standard from us, if available (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 the Supplier/Principal cancels or makes a major 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 reasonable compensation in the following circumstances:
- If, where the Supplier/Principal makes a significant change, you do not accept the changed Arrangements and cancel your booking;
- If the Supplier/Principal cancels 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.
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where the Supplier/Principal makes an insignificant change;
- where the Supplier/Principal makes a significant change or cancels your Arrangements more than 60 days before departure;
- where the Supplier/Principal makes a significant change and you accept those changed Arrangements or you accept an offer of alternative travel Arrangements;
- where the Supplier/Principal has to cancel your Arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you;
- where the Supplier/Principal is forced to cancel or change your Arrangements due to Force Majeure (see clause 16).
If a Supplier/Principal becomes unable to provide a significant proportion of the Package Holiday that you have booked after you have departed, we will, if possible, make alternative Arrangements for you at no extra charge and where those alternative Arrangements are of a lower standard, provide you with an appropriate price reduction.
28. Our Responsibilities in Respect of Package Holidays
(1) Where you have booked a Package Holiday where we are acting as a Package Organiser, although we still act as agent for the Supplier/Principals of your chosen Arrangements and your contract will be with the Supplier/Principals, we will accept responsibility for the Arrangements making up your Package Holiday 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 services included in your Package Holiday, as set out in your confirmation invoice. Subject to these booking conditions, if we or our Supplier/Principals negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or Supplier/Principal’s negligence affected the overall enjoyment of your Package Holiday. Please note that it is your responsibility to show that we or our Supplier/Principals 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 services forming part of your Package Holiday and which were unavoidable and extraordinary; or
(c) Force Majeure (as defined in clause 16).
(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 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 conditions contained in those 'Conditions of Carriage' form part of your Package Holiday booking with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this Package Holiday booking.
ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Package Holiday booking, arising out of the same facts, 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 are entitled 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 to ourselves and our Supplier/Principal(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) 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.
(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 concerning your 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 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.
(8) Where it is impossible for you to return to your departure point as per the agreed return date of your Package Holiday, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not 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 in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, 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 back to your departure point.
29. Financial Security
We provide financial security for flight inclusive Package Holidays and ATOL protected flights. We do this by way of a bond held in favour of the Civil Aviation Authority (www.caa.co.uk; of CAA House, 45-59 Kingsway, London WC2B 6TE) under ATOL number 1092.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive Arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We provide financial security for Package Holidays not including flights by way of a Bond held by ABTA (ABTA Ltd of 30 Park Street, London, SE1 9EQ, https://abta.com/).
If you book Arrangements other than an ATOL protected flight or Package Holiday from us, your monies will not be financially protected. Please ask us for further details.
30. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other Arrangements even where those Arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 16 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
Our advertising material is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel Arrangements.
31. Prompt Assistance for Package Holidays
If you have booked a Package Holiday 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 Arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative 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 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.
32. Competition Terms & Conditions
From time to time, we may operate competitions directly, in conjunction with or on behalf of one of our partners. Participation will be subject to specific Competition Terms & Conditions, which will be made available at https://www.holidayco.co.uk/winners.