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BOOKING TERMS & CONDITIONS
These Booking
Terms and Conditions ("Conditions") govern all bookings made with
BestAirFares, a trading name of Bookmyflights Ltd (registered in England and
Wales, Company No. 15675511), operating at www.bestairfares.uk ("we",
"us", "our", "the Company"). "You" and
"your" refer to the lead passenger and all persons on whose behalf
the booking is made or to whom it is transferred. These Conditions, our Privacy
Policy and all applicable supplier terms constitute the entire agreement
between you and us and supersede all prior representations, statements or
agreements, whether oral or written.
|
STRUCTURE —
Section A: ALL bookings. Section B:
Package Holidays (additional).
Section C: Single Component / Agent bookings (additional). |
|
SECTION A — APPLICABLE TO ALL BOOKINGS |
1.1 BestAirFares (Bookmyflights Ltd) acts as a
retail travel agent. For Package Holiday bookings (Section B) we act as Package
Organiser. For all other bookings (Section C) we act solely as booking agent
for the relevant Supplier/Principal. In neither capacity do we own, operate or
control the underlying transport, accommodation or other travel services. All
such services are provided by independent third-party suppliers.
1.2 ATOL Protection: BestAirFares does not hold
its own Air Travel Organiser's Licence (ATOL). Where we sell flight-inclusive
packages or flights, we do so as a non-ATOL retail agent on behalf of
ATOL-licensed Supplier/Principals. ATOL financial protection, where applicable,
is provided by the ATOL-licensed Supplier/Principal through whom your ticket is
issued, and not by us. You will receive an ATOL Certificate from the relevant
Supplier/Principal where their ATOL protection applies to your booking. We accept
no financial liability in respect of any claim that would otherwise be covered
by an ATOL-licensed principal's ATOL protection. Not all bookings are
ATOL-protected; your documentation will confirm the position. For information
about ATOL protection visit www.atol.org.uk.
1.3 Where ATOL protection is provided by a
Supplier/Principal's licence, all claims for financial protection in the event
of that supplier's insolvency must be made directly to that ATOL-licensed
principal or to the Civil Aviation Authority (CAA). To the fullest extent
permitted by applicable law, we accept no liability for the insolvency, default
or failure of any Supplier/Principal.
1.4 Supplier Control and Risk Acknowledgement: By
completing a booking, you expressly acknowledge and agree that all travel
services are performed, controlled and fulfilled by independent
Supplier/Principals. Operational control, service delivery, schedule integrity
and performance risk rest solely with those Supplier/Principals. To the fullest
extent permitted by applicable law, we accept no liability for any failure,
delay, cancellation, change or deficiency in such services.
2.1 The lead passenger ("Lead
Passenger") confirms on behalf of all named passengers that he/she:
•
has read, understood and
unconditionally accepted these Conditions;
•
is authorised by all named
passengers to disclose their personal data to us and relevant suppliers,
including special category data (health, disability, dietary);
•
is 18 years of age or over;
all party members meet any applicable age restrictions;
•
accepts sole and full
financial responsibility for all sums due under the booking;
•
has independently verified
all passport, visa and travel documentation requirements for all named
passengers prior to booking and accepts that this is entirely their
responsibility.
2.2 No contract exists until: (a) we accept your
booking in writing; (b) cleared funds are received in full or as deposit; and
(c) a written confirmation invoice is issued. We reserve the right to decline
any booking at our absolute discretion and without liability.
2.3 All services are subject to availability.
Prices and availability are not guaranteed until a booking is fully confirmed
and ticketed.
2.4 You must check all confirmation documents
immediately upon receipt and report any discrepancy to us in writing within 12
hours of receipt. To the fullest extent permitted by applicable law, we accept
no liability for any error not reported within this period. All costs of
correction arising from errors in information supplied by you are your sole and
irrecoverable responsibility.
2.5 Passenger names must be entered exactly as
they appear in the relevant passport. To the fullest extent permitted by
applicable law, we accept no liability for any cost, loss, denied boarding or
other consequence arising from name errors in information supplied by you. All
correction costs are your sole responsibility.
Online
Bookings
2.6 Online bookings are processed automatically.
You are solely and entirely responsible for the accuracy of all information
entered, including flight selection, hotel selection, passenger names and all
other travel details. We bear no responsibility for any error, mis-selection or
inaccuracy and all resulting costs are your sole responsibility.
Telephone
Bookings
2.7 A telephone booking is binding from the
moment of verbal confirmation and is as firmly confirmed as if made in writing.
Full payment may be required immediately. You must ensure any payment card used
is your own, or that you hold express written authorisation from the
cardholder.
3.1 The deposit stated at booking is due
immediately. The balance is due by the date shown on the confirmation invoice.
Failure to pay by the balance due date entitles us, without further notice, to
treat your booking as cancelled and apply cancellation charges without
liability to you.
3.2 Prices are subject to change until fully
ticketed and paid. To the fullest extent permitted by applicable law, we accept
no liability for any price increase before full payment and ticketing. You
remain liable for all increases notified to you prior to ticketing.
3.3 Cheque payments require 7 working days to
clear. We accept no responsibility for cash, cheques or payments sent by any
postal or courier method.
3.4 Air tickets, once confirmed, are
non-refundable, non-changeable and non-transferable. Ticket issuance
constitutes your irrevocable acceptance of these restrictions and of the
relevant airline's fare rules.
3.5 Irrevocable Booking Acceptance: Upon payment
and/or ticket issuance, your booking becomes irrevocable and final. No
cancellation, amendment, refund or credit is permitted except where expressly
required by applicable law or permitted under the relevant Supplier/Principal's
fare rules.
3.6 Payment Disputes and Chargebacks: By
completing a booking, you agree not to initiate any chargeback or payment
dispute without first following the complaints procedure set out in Clause 12.
Where a chargeback is initiated without complying with this requirement, you
agree that the booking confirmation, these Conditions and all evidence of
acceptance shall constitute conclusive evidence of an authorised transaction
and binding contractual agreement. We reserve the right to recover all costs,
fees, bank charges and administrative expenses arising from any unjustified
chargeback, and such amounts become immediately due and payable by you.
4.1 We process personal data in accordance with
UK GDPR and the Data Protection Act 2018, as set out in our Privacy Policy at
www.bestairfares.uk. By booking, all named passengers consent to processing and
to international transfer of their data where required for fulfilment.
5.1 You are solely and entirely responsible for
ensuring all party members hold: valid passports (minimum six months validity
beyond the return date); all required visas; all other entry, transit and
health documentation required by any carrier, destination or transit country.
Requirements change without notice. Check current requirements with the
relevant Embassy, Consulate and the FCDO at www.gov.uk/travelaware before
booking and again before departure.
5.2 To the fullest extent permitted by applicable
law, we accept no liability for any cost, loss, fine, denied boarding, denied
entry, detention or deportation arising from failure to hold correct
documentation. All costs and penalties incurred by us as a result of your
non-compliance are recharged to you in full and are immediately payable.
6.1 You are solely responsible for all required
and recommended vaccinations, health documentation and medical advice for all
destinations and transit points. Consult a travel health professional at least
6 weeks before departure. Country-specific information is available at
TravelHealthPro (travelhealthpro.org.uk) and NHS fitfortravel
(fitfortravel.nhs.uk).
6.2 To the fullest extent permitted by applicable
law, we accept no liability for any loss, denied boarding, or other consequence
of your failure to comply with any health or inoculation requirement. All fines
and costs incurred by us as a result are recharged to you in full.
7.1 Special requests must be notified at booking.
We will endeavour to communicate them to suppliers but cannot guarantee
fulfilment. Non-fulfilment of a special request does not constitute a breach of
contract and confers no right to compensation, price reduction or cancellation.
7.2 We do not accept bookings conditional on any
special request being met.
7.3 Any medical condition or disability must be
disclosed in writing before booking. We may require a fitness-to-travel
certificate. If we cannot accommodate the person concerned, we may decline or
cancel without liability.
8.1 You and all party members must comply with
all laws, regulations and codes of conduct in all countries visited or
transited.
8.2 If you or any party member behaves in a
manner causing or likely to cause offence, distress, danger, annoyance or
damage, we may terminate your travel arrangements immediately without notice.
No refund, compensation or alternative will be provided. All additional costs
including repatriation are your sole responsibility.
8.3 You fully and unconditionally indemnify us
against all claims, demands, costs, fines and expenses (including legal costs
on a full indemnity basis) arising directly or indirectly from your conduct or
that of any party member.
9.1 You are solely responsible for compliance
with all laws, customs regulations, drug laws and foreign exchange controls in
all countries visited. We may cancel your booking immediately without refund or
liability if you engage in illegal, unsafe or socially unacceptable conduct.
10.1 Comprehensive travel insurance is a
mandatory, non-negotiable condition of your booking from the date of booking.
Your policy must cover as a minimum: medical expenses and emergency
repatriation (including air ambulance); personal accident; cancellation and
curtailment (including communicable disease and pandemic); baggage and personal
effects; and travel delay. We may request evidence of insurance at any time.
10.2 If you travel without adequate insurance, to
the fullest extent permitted by applicable law, we accept no liability for any
loss, cost or claim that would otherwise have been covered. You travel entirely
at your own risk.
11.1 Telephone calls may be recorded for training,
quality and compliance purposes. Calling us constitutes consent to recording.
12.1 Immediate reporting is a condition precedent
to any claim. Any problem during travel must be reported immediately and
directly to the relevant supplier (airline, hotel, ground handler, transfer
operator) at the time it occurs, giving that supplier a reasonable opportunity
to remedy it. Failure to report at the time will be treated as conclusive
evidence that the problem either did not occur or did not materially affect
your experience.
12.2 Post-travel claims: Any complaint not
resolved during travel must be submitted to us in writing by email from the
registered booking email address to [email protected] within 14 days of
your return date. Claims submitted outside this 14-day window will not be
accepted to the fullest extent permitted by applicable law and all rights are
permanently extinguished.
12.3 Evidence requirement: We will not consider
any claim unsupported by contemporaneous documentary evidence including:
written acknowledgement from the supplier at the time; photographs or video
with date/time metadata; receipts; medical reports (where relevant); and
written communications with the supplier. The burden of proof lies entirely
with you.
12.4 Where we act as agent, your complaint must be
directed to the Supplier/Principal. We have no obligation to investigate or
respond to complaints that are properly the responsibility of a
Supplier/Principal.
12.5 Submitting a complaint does not suspend your
obligation to pay any outstanding sums due to us.
13.1 If a complaint reaches deadlock, you may
refer it to the BestAirFares Arbitration Scheme administered by Hunt ADR at
https://travelarbitration.huntadr.com, subject to their rules. You retain the
right to pursue proceedings in the Courts of England and Wales.
14.1 All travel services are provided by
independent suppliers under their own terms and conditions, which are
incorporated into your booking. Supplier liability is further limited and/or
excluded by applicable international conventions including the Montreal
Convention (air carriage), Athens Convention (sea carriage), Berne Convention
(rail carriage) and the COTIF. These conventions impose strict monetary caps on
supplier liability.
14.2 Where a supplier's liability is capped or
excluded by an international convention or their own terms, your remedy, if
any, lies against that supplier under their terms and the applicable
convention, and not against us.
15.1 Construction, refurbishment or maintenance
may occur at or near any accommodation at any time. We have no control over
third-party works and, to the fullest extent permitted by applicable law,
accept no liability for any disruption, noise or inconvenience. No price
reduction or compensation is payable by us in respect of such works.
16.1 These Conditions and all contracts to which
they apply are governed exclusively by English law. All disputes are subject to
the exclusive jurisdiction of the Courts of England and Wales. Residents of
Scotland or Northern Ireland may elect the law and courts of their country of
residence.
17.1 A "direct" flight is not
necessarily non-stop. All departure and arrival times are estimates provided by
airlines and are subject to change without notice. To the fullest extent
permitted by applicable law, we accept no liability for delays, diversions,
missed connections or any other consequence of schedule changes, regardless of
cause or duration.
17.2 Where any sector of a multi-sector itinerary
is not utilised without prior written notification to and acceptance by the
carrier, the carrier may without notice cancel all remaining sectors. To the
fullest extent permitted by applicable law, we accept no liability for any
costs, losses or disruption arising from such cancellation. You are solely
responsible for compliance with all carrier conditions of carriage.
17.3 We make no guarantee as to aircraft type,
airline, routing, seat availability or departure time. All operational details
are subject to change without liability.
18.1 You must reconfirm all flights (outbound and
return) directly with us or the relevant airline at least 72 hours before each
scheduled departure. To the fullest extent permitted by applicable law, we
accept no liability for missed flights, denied boarding, additional costs or
any other consequence of your failure to reconfirm. The reconfirmation
obligation rests entirely and irrevocably with you.
19.1 Travel documents will be dispatched by email
only to the address registered at booking. You must check all documents
immediately on receipt and report any discrepancy to us in writing within 12
hours. To the fullest extent permitted by applicable law, we accept no
liability for any error not reported within this period.
19.2 Documents will not be issued until full
cleared payment is received. Documents will normally be sent 7 days before
departure. Postal or courier dispatch is at our discretion and at your cost.
19.3 Loss, damage or non-receipt of travel
documents: all costs of reissuing or replacing documents are your sole
responsibility. We may charge an administration fee for reissue.
20.1 Where e-tickets are issued, a paper ticket
may be requested where available, subject to an administration fee of £10 per
ticket plus any applicable airline charge. To the fullest extent permitted by
applicable law, we accept no liability for e-ticket delivery failures caused by
your email provider, spam filters or incorrect email address.
21.1 There is no automatic right to a refund on
any air ticket. All refund eligibility is determined solely by the relevant
airline's or consolidator's fare rules. We will submit your request on your
behalf but, to the fullest extent permitted by applicable law, accept no
liability for the outcome of any airline's or consolidator's decision.
21.2 A per-ticket administration fee applies to
all refund and tax-refund applications, irrespective of outcome. Where any
recoverable amount (including taxes) is less than our administration fee, the
ticket is deemed fully non-refundable. To the fullest extent permitted by
applicable law, we accept no liability for this outcome and will not waive the
administration fee.
22.1 Airline cancellations and schedule changes
are the sole responsibility of the relevant airline. Your rights, if any, are
governed by the airline's conditions of carriage and UK Retained Regulation
(EC) 261/2004, enforceable against the airline directly. We are not liable
under that regulation.
22.2 To the fullest extent permitted by applicable
law, we accept no liability for any costs, losses, disruption or consequential
loss arising from any airline cancellation, delay or schedule change,
regardless of cause or notice period. Our sole obligation is to communicate
changes notified to us by the airline.
22.3 Where you fail to pursue the airline directly
and seek redress from us, you irrevocably assign to us all rights against the
airline at the point of any payment made by us.
23.1 Not all departure taxes, airport charges or
government levies can be included in ticket prices. Where charges must be paid
locally, you are solely responsible. Locally paid charges are non-refundable by
us to the fullest extent permitted by applicable law.
24.1 We will not be liable, and will not pay any
compensation, refund (beyond amounts recoverable directly from suppliers) or
damages, in respect of any failure, delay, cancellation, curtailment or change
caused directly or indirectly by a Force Majeure Event. Force Majeure means any
event or circumstance beyond our or our suppliers' reasonable control that
could not have been avoided by the exercise of all due care, including without
limitation:
•
Acts of war, armed
conflict, invasion, hostilities, terrorism, sabotage, threat of terrorism,
civil war or insurrection;
•
Epidemic, pandemic,
outbreak of infectious or communicable disease, public health emergency,
quarantine measures, or government public health restrictions or directions;
•
Natural disaster, including
earthquake, flood, tsunami, hurricane, tornado, volcanic eruption, landslide,
wildfire or extreme weather rendering travel unsafe or impossible;
•
Industrial action, labour
dispute, strike, lockout or go-slow (whether or not involving our employees or
those of any supplier);
•
Government action,
regulatory restriction, prohibition, sanctions, border closure, travel ban or
intervention by any national, local or international authority;
•
Nuclear, chemical or
biological incident or contamination;
•
Fire, explosion or
structural failure at any transport hub, accommodation or associated facility;
•
Cyberattack, critical
infrastructure failure, power outage or communications failure affecting
operations;
•
Closure or significant
restriction of airports, ports, roads or railways;
•
Any other extraordinary,
unavoidable and unforeseeable event beyond our reasonable control.
24.2 In a Force Majeure Event we will use
commercially reasonable endeavours to notify you and, where possible, minimise
disruption. To the fullest extent permitted by applicable law, we accept no
liability for additional costs however incurred as a result.
24.3 Where a refund is due following a Force
Majeure Event, it will be limited to amounts actually recovered by us from the
relevant Supplier/Principal on your behalf, less any non-recoverable costs and
our administration fee.
|
SECTION B — PACKAGE HOLIDAYS |
25.1 A Package Holiday exists where you book at
least two of the following for the same trip, selected before agreeing to pay
or advertised/sold at an inclusive price: (a) transport; (b) accommodation; (c)
vehicle rental; (d) other tourist services accounting for at least 25% of the
total value and representing an essential feature. Where your booking does not
meet this definition it is treated as a Single Component booking under Section
C.
26.1 ATOL financial protection for Package Holiday
bookings is provided by and through the ATOL licence of the relevant
Supplier/Principal.
26.2 Where ATOL protection applies to your
booking, you will receive an ATOL Certificate issued by or on behalf of the
relevant ATOL-licensed Supplier/Principal. Where we sell flight-inclusive
Package Holidays, we do so as a non-ATOL retail agent on behalf of
ATOL-licensed Supplier/Principals.
26.3 We accept no financial liability in respect
of ATOL claims. In the event of the insolvency or failure of an ATOL-licensed
Supplier/Principal, your claim for financial protection must be made directly
to that Supplier/Principal or to the Civil Aviation Authority (CAA) at
www.atol.org.uk.
26.4 Not all bookings made through us are
ATOL-protected. It is your responsibility to confirm with us in writing, prior
to booking, whether ATOL protection applies to your specific booking.
27.1 Package prices are calculated using exchange
rates at www.xe.com on the invoice date.
27.2 We may vary the confirmed price solely to
reflect changes in: (a) transport fuel or power costs; (b) third-party taxes,
airport charges or embarkation fees; (c) exchange rates.
27.3 If an increase exceeds 8% of the total
confirmed Package price (excluding insurance and fees), you may: (a) accept the
increase; (b) accept a comparable alternative Package at no extra cost, if
available; (c) accept a lower-standard alternative with a price difference
refund; or (d) cancel for a full refund of recoverable amounts. You must notify
your choice within 5 days of our notification. Silence constitutes acceptance
of the increase.
28.1 All amendment requests must be in writing
from the registered email address to [email protected]. An administration
fee of £250 per person applies plus all supplier charges, which may be up to
100% of the booking cost. Airlines treat name changes as cancellation and
rebooking; 100% airfare cancellation charges are standard and are your sole
responsibility.
28.2 Insurance premiums, administration fees and
supplier amendment charges are non-refundable to the fullest extent permitted
by applicable law, including where the amendment is caused by our error.
29.1 All cancellation requests must be in writing
from the registered email address to [email protected]. Cancellation
takes effect on the date and time we receive the written request. The following
charges apply from the date of booking:
|
Days Before Departure |
Cancellation Charge |
|
More than 84 days |
Deposit forfeited —
non-refundable |
|
57–83 days |
Deposit forfeited —
non-refundable |
|
29–56 days |
Deposit forfeited —
non-refundable |
|
15–28 days |
Deposit forfeited —
non-refundable |
|
0–14
days |
100% of
total holiday cost — no refund |
29.2 Air tickets are non-refundable,
non-changeable and non-transferable once paid, regardless of the reason for
cancellation, including illness, bereavement or Force Majeure. No exceptions
will be made.
29.3 Where a partial party cancels, the remaining
passengers are immediately liable for any applicable underoccupancy
supplements, single room supplements or price re-calculation at the
then-current rate.
29.4 Cancellation Without Penalty — Extraordinary
Circumstances: You may cancel without a cancellation charge only where all of
the following conditions are met simultaneously: (a) unavoidable and
extraordinary circumstances at or in the immediate vicinity of the destination
are officially recognised; (b) the FCDO has issued advice against all (not all
but essential) travel to that specific destination; (c) the circumstances
directly and materially affect the performance of your Package; and (d) you
provide written evidence of (a), (b) and (c) to us within 48 hours of the
relevant FCDO advisory being published. Airfare elements remain subject to the
airline's fare rules regardless of FCDO advice.
30.1 Insignificant changes may be made at any time
without liability or compensation. Examples include: flight time changes of up
to 12 hours; aircraft type changes; carrier changes; accommodation changes to
equivalent or higher standard; minor itinerary adjustments.
30.2 Where we make a significant change before
departure, we will notify you and offer: (a) accept the change; (b) a
comparable alternative Package at no extra cost, if available; (c) a
lower-standard alternative with a price difference refund; or (d) cancellation
with a full refund of recoverable amounts. You must respond within 5 days.
Silence constitutes acceptance.
30.3 Compensation — Significant Changes Only
(payable solely where you cancel under clause 30.2(d), no Force Majeure Event
applies, and change is notified within 70 days of departure):
|
Notice Period Before
Departure |
Compensation Per Person |
|
More than 70 days |
Nil |
|
43–70 days |
£5 |
|
28–42 days |
£10 |
|
14–27 days |
£15 |
|
0–13 days |
£20 |
30.4 No compensation is payable where: the change
is insignificant; the change results wholly or partly from a Force Majeure
Event; the change is notified more than 70 days before departure; you accept
the changed arrangements or any alternative; the change results from
non-payment or your own default; or the change is caused by a
Supplier/Principal acting independently of our instructions. These figures are
the maximum payable and are not subject to judicial uplift except as required
by statute that cannot be excluded.
31.1 As Package Organiser under the Package Travel
and Linked Travel Arrangements Regulations 2018 ("PTRs"), we accept
responsibility for the proper performance of contracted services, subject to
the following limitations, which represent the maximum permitted by English
law.
31.2 We will not be liable for any failure or
improper performance that is: (a) attributable to you or any party member; (b)
attributable to an unconnected third party unrelated to the contracted
services; (c) caused wholly or partly by a Force Majeure Event; (d) caused by
your failure to follow our advice, FCDO advice, airline instructions or
applicable laws; (e) caused by your failure to hold adequate insurance; or (f)
caused by your failure to comply with any obligation under these Conditions.
31.3 Our maximum aggregate liability for all
claims under any Package booking is strictly limited to the price paid for the
Package by the directly affected passenger(s) only, excluding insurance
premiums, amendment fees and administration charges. This cap applies to all
causes of action combined.
31.4 Claims for loss of enjoyment, distress,
disappointment, inconvenience or psychological impact are capped at a maximum
of £50 per person per booking in aggregate. We will not pay any sum above this
figure to the fullest extent permitted by applicable law.
31.5 We are not liable to the fullest extent
permitted by applicable law for: indirect, consequential, special or punitive
losses; loss of profit, revenue, business or opportunity; losses not directly
and solely caused by our own proven negligence; losses that adequate travel
insurance would have covered; or losses arising from a Supplier/Principal's
acts or omissions.
31.6 You must notify any failure to perform or
improper performance to us and the relevant supplier immediately during travel
and in writing to [email protected] within 14 days of return. Failure to
comply with both notification requirements permanently extinguishes all
entitlement to compensation or price reduction.
31.7 Nothing in these Conditions excludes our
liability for death or personal injury caused directly by our own proven
negligence, fraudulent misrepresentation, or any other liability incapable of
exclusion under English law.
32.1 If you miss, are denied boarding for, or
experience a delay to any transport arrangement for any reason, you must
contact us and the relevant carrier immediately.
32.2 Rights against airlines for denied boarding,
cancellation or delay are governed by UK Retained Regulation (EC) 261/2004,
enforceable against the airline directly. We are not a liable party under that
regulation.
32.3 We are not liable for any additional costs,
losses or disruption arising from flight delays, cancellations, diversions or
missed connections regardless of cause, duration or impact on your onward
arrangements.
|
SECTION C — SINGLE COMPONENT BOOKINGS |
33.1 For Single Component bookings, BestAirFares
(Bookmyflights Ltd) acts solely, exclusively and irrevocably as booking agent
for the relevant Supplier/Principal. The contract for the travel service is
between you and the Supplier/Principal exclusively. We are not a party to that
contract and accept no responsibility whatsoever for: the acts, omissions,
negligence, breach of contract, insolvency or default of any
Supplier/Principal; the quality, safety, fitness or accuracy of description of
services provided by any Supplier/Principal; any change, cancellation, failure
to perform or improper performance by any Supplier/Principal; or any loss,
damage, injury or inconvenience caused directly or indirectly by any
Supplier/Principal.
33.2 Our entire obligation is limited to
communicating your booking instructions to the Supplier/Principal accurately
and issuing confirmation documents received from the Supplier/Principal.
33.3 Maximum Liability: In the event that we are
found liable to you on any basis whatsoever in respect of a Single Component
booking (which we expressly do not accept), our maximum aggregate liability is
strictly limited to the lesser of: (a) the administration fee actually paid by
you to us for that specific booking; or (b) £100 per booking. Nothing herein
excludes liability for death or personal injury caused solely and directly by
our own proven negligence in the booking process.
34.1 For flight-only Single Component bookings,
flights are booked on behalf of ATOL-licensed Supplier/Principals. Any ATOL
financial protection applicable to your booking is provided solely by the
ATOL-licensed Supplier/Principal. We accept no financial liability in the event
of any supplier's insolvency.
35.1 All monies paid for Single Component bookings
are held by us on behalf of the Supplier/Principal and disbursed in accordance
with our agency agreement. We are not liable for the insolvency, default,
ceasing to trade or financial failure of any Supplier/Principal. Your remedy in
such circumstances lies with the Supplier/Principal, their ATOL licence holder
(where applicable), and/or your travel insurance.
36.1All
amendment or cancellation requests must be in writing from the registered
booking email address to [email protected]. Requests take effect on the
date and time we receive them. Written confirmation of any change must be
obtained and verified by you before travel.
36.2 Amendments
and cancellations are governed solely by the Supplier/Principal's terms and
conditions, which may impose charges of up to 100% of the booking cost from the
date of booking. An administration fee of £250 per person per booking applies
to all amendments and cancellations, in addition to all supplier charges. This
fee is non-refundable.
36.3 Air tickets are
non-refundable, non-changeable and non-transferable once paid. Refund
eligibility, if any, is determined solely by the relevant airline's or
consolidator's fare rules. To the fullest extent permitted by applicable law,
we accept no liability for any airline's or consolidator's decision.
37.1 We will notify you of supplier changes or
cancellations as soon as reasonably practicable after being informed by the
supplier. If alternatives or a refund are offered, you must respond within 5
days. Failure to respond will be treated as acceptance of a full refund where
offered.
37.2 To the fullest extent permitted by applicable
law, we accept no liability for any change, cancellation, failure to perform or
improper performance by any Supplier/Principal. Your sole remedy is against the
Supplier/Principal under your contract with them.
38.1 Any excursion, tour or activity booked
independently forms no part of your contract with us. Your contract is solely
with the operator. To the fullest extent permitted by applicable law, we accept
no liability for any excursion or activity or for any loss, injury or damage
arising from it.
|
GENERAL PROVISIONS |
39.1 To the fullest extent permitted by applicable
law, we exclude all liability for: indirect, consequential, special or punitive
losses; loss of enjoyment (beyond any specific cap stated above); loss of
profit, revenue or business; losses arising from third-party acts or omissions;
losses that adequate travel insurance would have covered; losses arising from
your failure to comply with any obligation under these Conditions; and losses
arising from inaccurate, incomplete or misleading information provided by you.
39.2 Our total aggregate liability under these
Conditions to any one passenger, under all claims of whatever nature arising
from the same booking, shall not in any event exceed the price paid by that
passenger for their portion of the booking (excluding insurance premiums, fees
and charges), regardless of the cause of action. This is an absolute cap.
39.3 Nothing in these Conditions affects statutory
rights that cannot lawfully be excluded or restricted under UK law.
39.4 No Reliance: You confirm that in entering
into this contract you have not relied on any representation, statement,
promise, assurance or warranty not expressly set out in these Conditions,
whether made orally, in writing, on our website, in marketing materials or
otherwise. This clause does not exclude liability for fraudulent
misrepresentation.
39.5 Priority of Terms: In the event of any
conflict between these Conditions and any other communication, these Conditions
shall prevail.
40.1 These Conditions, your confirmation invoice,
our Privacy Policy and applicable supplier terms constitute the entire
agreement. No prior or collateral representation, warranty, undertaking or
statement not expressly set out herein is binding on us.
41.1 If any provision is held invalid, unlawful or
unenforceable, it shall be severed to the minimum extent necessary and all
remaining provisions continue in full force.
42.1 Failure to enforce any provision at any time
does not constitute a waiver of that provision or our right to enforce it at
any future time.
43.1 You may not assign or transfer any booking or
rights without our prior written consent. We may assign our rights and
obligations to any successor entity without notice to you.
44.1 These Conditions confer no rights on any
third party under the Contracts (Rights of Third Parties) Act 1999, except
where expressly stated.
45.1 All written communications, complaints,
cancellation requests and amendment requests to us must be sent to
[email protected] from the email address registered at the time of
booking. Communications from unregistered addresses will not be processed and
will not constitute valid notice. Verbal communications do not constitute
written notice. Any communication not sent from the registered booking email
address shall be deemed invalid, non-binding and not received for the purposes
of notice, instruction, complaint or any contractual requirement under these
Conditions.
46.1 We reserve the right to amend these
Conditions at any time without prior notice. The version published on our
website on the date your booking is confirmed governs your booking.