- Indian Ocean|
- Latin America|
- Middle East|
- New Zealand|
- Pacific Islands|
17 April 2014
The following booking conditions apply to all contracts entered into with Lotus International Limited (ATOL No 84357), Lotus Travel Limited (ATOL No 1479) or Lotus Leisure Limited. They also apply, as indicated, where DialAFlight or Supertravel acts as an agent for the contracting party concerned. DialAFlight and Supertravel are trading names of The Lotus Group. Where we act as agent, the terms and conditions of the contracting party will also apply to your contract.
In these booking conditions, the following words have the following meanings;-
“you” and “your” – the person who makes the booking and, where the context allows, all persons named on the booking (including anyone who is added or substituted after booking) or any of them, as applicable
“we”, “us”, “DialAFlight” and “Supertravel” - DialAFlight and Supertravel which are trading names of Lotus Travel Ltd, Lotus International Limited or Lotus Leisure Ltd (except where otherwise stated). As referred to below, depending on the services in question, we may act as agent for the third party with whom you enter into a contract or we may enter into the contract with you as principal. Where we act as agent, “we” means Lotus Leisure Limited, DialAFlight or Supertravel acting in the capacity of agent for the principal concerned.
“arrangements” – the flights, accommodation, car hire and/or other services which you book with or through us
“booking” – the booking you make with or through us
“principal” - the party with whom you will have a contract
“package” - a pre-arranged combination of at least two out of (a) transport, (b) accommodation or (c) other tourist services not ancillary to any transport or accommodation and forming a significant part of the arrangements where the arrangements making up this combination are booked through us at the same time at an inclusive price and which last at least 24 hours or include overnight accommodation
“Flight-Plus” – a booking of a flight and on the same day, the day before or day after, accommodation and/or car hire
“supplier” - a supplier of any of your arrangements such as the hotelier, car hire company, transfer operator or airline
Where We Act as Agent
We will tell you if we are acting only as agent. This information will be confirmed on the front of all relevant pages of your invoice which will say "we act as an agent for..." followed by the name of the company with whom you are entering into a contract. This company may be Lotus Leisure Limited, your hotelier, cruise company, the airline operating your flight (where we state "we act as an IATA agent") or another ATOL holder. Your contract is with the company referred to on your invoice and is subject to their terms and conditions. Where that company is Lotus Leisure Limited, the applicable conditions are set out below. Where the principal is the airline or another ATOL holder, a cruise company or hotelier a copy of these terms and conditions can be obtained from us or the principal. Except where otherwise stated, these booking conditions also apply to your booking. In the event of any difference between the principal’s terms and conditions and these booking conditions, the principal’s conditions will apply in respect of that difference.
Where Your Contract is with Us
For some bookings, your contract will be with us. In this case, your invoice will state that your contract is with Lotus Travel Limited or Lotus International Limited. In this case, the following booking conditions will apply.
1. Your contract
Our acceptance of your initial payment (see below) brings a contract into existence. This contract will be between you and the principal shown on your invoice. These booking conditions apply. Where the principal is not Lotus International Limited, Lotus Travel Limited or Lotus Leisure Limited, the principal’s terms and conditions will apply in addition to these booking conditions. You are deemed to have accepted these booking conditions unless you notify us otherwise by e-mail or recorded delivery post on the same day as paying a deposit or by return to state otherwise. No other conditions will apply to your booking unless referred to in these booking conditions or confirmed by us in writing.
The payment required at the time of booking will depend on the arrangements you choose. Normally 35% of the total cost of these arrangements must be paid as a deposit at the time of booking unless full payment is required immediately or, for example, where you have chosen sole occupancy of your accommodation (see our special terms sections). For some bookings (for example, flight only arrangements or where we act as agent for the airline), full payment is usually required immediately. Although a provisional reservation for a scheduled flight may be made on payment of a deposit, a confirmed booking cannot be made nor can the price be guaranteed until full payment for the ticket has been received and the ticket issued. Where full payment is not made at the time of booking, the balance must be received by us no later than the date specified on the travel confirmation or, if no date is specified, no later than 10 weeks before your departure date. Cheques must be received at least 12 weeks in advance and be cleared at least 10 weeks in advance. If we do not receive full payment by the due date then we / the principal reserve the right to treat your booking as cancelled by you and cancellation charges will be applicable as referred to in clause 8 below.
3. The price of your arrangements
The price payable in respect of your chosen arrangements will be confirmed at the time of booking. For some arrangements, particularly flights prior to receipt of full payment, this price may be increased after confirmation. You will be advised at the time of booking where applicable. In the event that your booking constitutes a package, the surcharge provision set out in clause 13 will apply.
Please note that it is your responsibility to ensure you are adequately insured. We recommend as a minimum that you have travel insurance cover for medical expenses and cancellation. Certain destinations have specific requirements and you should refer to your travel itinerary for more information.
5. Is your money safe?
Whether your booking is financially protected depends on the arrangements you book. If your booking is for any of the following arrangements, it will be protected by the ATOL scheme as set out below;-
a. Flight only except where the flight is sold as agent for the airline
b. Flight inclusive package
c. Arrangements which constitute a Flight-Plus
The following paragraph applies to all bookings which are protected by the ATOL scheme. In this paragraph, “we” means the principal referred to on your invoice which may be Lotus International Limited (ATOL No 84357), Lotus Travel Limited (ATOL No 1479) or another ATOL holder. Where your arrangements constitute a Flight-Plus, “we” means Lotus International Limited (ATOL No 84357) who will be the arranger of the Flight-Plus.
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. 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 or a
suitable alternative (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.
*The flights and flight- inclusive arrangements we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
Where your flight is sold as agent for the airline, your booking will not be protected by the ATOL scheme. Where applicable, your invoice will state this. Arrangements which do not include or consist of a flight are not protected by the ATOL scheme (for example, accommodation and/or car hire).
6. What’s included in the price of your arrangements?
Return flights (if applicable), all UK airport and security charges but not all overseas departure or hotel taxes, ground arrangements as specified on your confirmation invoice.
7. Can you make changes?
Should you wish to make any changes to your arrangements after they have been confirmed, we will endeavour to assist but cannot guarantee we or the principal will be able to do so. Amendment fees also vary from supplier to supplier so you must consult with us to establish the cost dependant on the type of change you wish to make. Where the number of persons travelling is changed, the price for the booking will be recalculated on the new number of persons where applicable. In most cases name changes are not permitted by the airlines and they will almost always levy 100% cancellation charges. Please note that we cannot make any refunds for unused flight, car hire or hotel vouchers etc irrespective of what you are told by the supplier. Ground arrangement vouchers are only valid for the specific services for which they are issued. Please carefully read any vouchers and documentation sent to you as they contain useful information.
8. Cancellation by you
Should you wish to cancel your booking, you must notify us in writing as soon as possible. Notification must be sent electronically by email, facsimile or recorded delivery if posted. Notification of cancellation will only be effective on the date it is received at our offices. As we and/or the principal begin to incur costs from the date your booking is confirmed, cancellation charges will be applied to cover these costs which will be calculated as a percentage of the total cost excluding insurance premiums and amendment charges which are non refundable in the event of your cancellation. Cancellation charges are based on your final balance due date which usually coincides with the airline ticketing deadline. Once your flight reservation has been ticketed, name changes and refunds are not permitted unless specifically agreed by us either electronically or by post. If you have booked ground arrangements with or through us separately from your flight, administration/cancellation charges may apply in the event of cancellation. Partial cancellation of a booking may result in the recalculation of the cost of the remaining arrangements.
|Date written notification of cancellation is received by us|
|Cancellation Charge||Cancellation Charge|
|Prior to full payment||After full payment|
|Flight Only Bookings||Deposit Only (if applicable)||100%|
|Flight Inclusive Bookings||Deposit Only (if applicable)||100%|
|Ground Arrangements||Deposit Only (if applicable)||100%|
You may be able to recover these cancellation charges (less any applicable excess) from your insurance company if the reason for your cancellation falls within the terms of your insurance policy. You must pay the charges first and then claim them from your insurance company.
9. Can we make changes?
Occasionally, where your contract is with us we may have to make changes to and correct errors in confirmed arrangements and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will not cancel after full payment has been received unless you default in payment or we are forced to do so as a result of force majeure (see clause 10). Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major affect on your arrangements. A minor change is any other change. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time of 12 or more hours or a change of UK departure point to one which is more inconvenient for you. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following:-
(a) (for significant changes) accepting the changed arrangements; or
(b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available. You must pay the applicable price of any such arrangements. This will mean your paying more if they are more expensive or receiving a refund if they are cheaper; or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
If we have to make a significant change or cancel, you may be entitled to compensation, depending on the circumstances and when the significant change or cancellation is notified to you. Compensation will not, however, be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except as referred to in clause 26), type of aircraft (if advised) or destination airport will all be treated as minor changes. Very rarely, we may be forced by "force majeure" (see clause 10) to change or terminate your arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.
10. Force majeure
Except where otherwise expressly stated in these booking conditions, We regret we cannot accept liability or pay any compensation where we are forced to cancel, curtail, delay or in any way change your arrangements or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part or you otherwise suffer any damage, loss or expense of any nature as a result of circumstances amounting to “force majeure”. In these booking conditions, "force majeure" means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events and circumstances include, whether actual or threatened, war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and all similar events and circumstances outside the control of the relevant party.
11. Can my arrangements be terminated?
Principals reserve the right in their absolute discretion to terminate without notice the arrangements of any customer whose behaviour is such as to cause or to be likely to cause, in the reasonable opinion of the principal or any other person in authority (such as the aircraft captain or accommodation manager), danger, upset or distress to any third party or damage to property or if you are or appear to be unfit to travel by reason of intoxicating liquor, misuse of drugs or otherwise. In this situation, the person(s) concerned will be required to leave the flight, accommodation or other service. We and the principal will have no further responsibility toward such person(s) including any return travel arrangements. Full cancellation charges will apply and no refunds will be given. Neither we nor the principal will pay you any compensation or meet any costs or expenses you may incur as a result.
12. Special requests and medical conditions, disabilities and reduced mobility
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant principal or supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract. Confirmation that a special request has been noted or passed on to the principal or supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) where it is important to you.
Conditional bookings cannot be accepted i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you have any medical condition or disability or suffer from reduced mobility which may affect your arrangements or any special requirements as a result of any medical condition, disability or reduced mobility (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability or your mobility occurs. You must also promptly advise us if any medical condition or disability which may affect your travel arrangements develops after your booking has been confirmed.
This clause only applies where your booking constitutes a package and where your contract is with us. We reserve the right to increase or decrease and correct errors in advertised prices at any time before your booking is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.Once the price of your chosen arrangements have been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your arrangements. Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your package arrangements (excluding any amendment charges) will we levy a surcharge. We will only levy a surcharge in respect of the amount by which any increase in our costs exceeds the total cost of your arrangements. Where a surcharge is payable, there will be an administration charge of £1 per person. If any surcharge is greater than 10% of the cost of your arrangements (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase other arrangements from us as referred to in clause 9 “Can We Make Changes”. Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 9. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the package arrangements or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your arrangements as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We promise not to levy a surcharge within 30 days of departure. No refund will be payable if any decrease in our costs occurs during this period either.
14. What about flight timings?
The flight timings quoted are for general guidance only and are subject to change. Latest timings will be shown on your travel itinerary but updated information will, if necessary, be provided by way of the itinerary or electronic notification and you must read these very carefully to ensure you have the correct flight information. You must in addition ensure you reconfirm your return flight. Generally, you will need to reconfirm by telephoning the airline or the airport 72 hours before the date of your return flight.
15. When do I check in?
You will need to arrive at least at least two hours before departure for check in even if you have checked in online. If you fail to do so, you are likely to be refused access to the flight and deemed to be a no show: No refunds will be made and 100% cancellation charges will be applied to the full cost of your booking and not just the flight arrangement.
16. Outward and return tickets
Both the outward and return portions of your ticket must be used. If you do not use the outward portion, including any internal or connecting flights, you will not be allowed to utilise the return portion. We will make no refund in these circumstances. If you are travelling on an e-ticket, you must take your travel itinerary and any ground arrangement vouchers with you. Your first name and surname on your ticket must match those on your passport or you may not be allowed to travel and insurance cover may be invalid. If you change your name between booking and departure (e.g., newly-weds), you must notify us immediately.
To be classified as an infant, a child must be under age 2 at the date of return travel. At present, an infant is permitted to travel on an adult’s lap or, if between 6 months and 2 years old at the date of return travel, in a car seat. If travelling in a car seat, the infant will occupy its own seat and you will therefore be liable to pay for that seat. Any car seat used must be approved by the airline and it is your responsibility to ensure that your particular seat is acceptable. Please therefore check this point with us at the time of booking.
We cannot accept responsibility for any loss, damage or delay to your luggage unless directly caused by the negligence of one of our employees. In the unlikely event that your luggage is lost, damaged or delayed in transit, you must immediately report this to the airline, or other appropriate person in authority, and obtain a report. If you fail to report any loss, damage or delay in accordance with the airline’s terms and conditions, neither we nor the airline can consider your claim.
19. Luggage Allowance
Most airlines allow a free checked baggage allowance for your flight which will depend on the airline, destination and class of travel. This allowance will be based on the weight of your baggage and/or the number of pieces. You will be subject to excess baggage charges by the airline if you exceed the stated allowance. Children and infants may have a reduced allowance for checked baggage. Restrictions also apply to the amount of cabin baggage you can take onboard the aircraft. Please contact your sales consultant if you are in doubt about your baggage allowances. Please note, many airports are introducing weight limits for individual items of baggage which are checked in for carriage in the aircraft hold. This maximum weight is 32kg (70lbs). This policy relates only to single items and does not affect the overall baggage allowance for individual airlines. Passengers will be required to re-pack baggage to achieve the single item limit of 32kg. If you need to carry items which exceed the 32kg weight limit such as sporting equipment, musical instruments, electric wheelchairs or TV news cameras etc, you should make special arrangements with your airline in advance as no responsibility for their carriage is accepted.
20 Special Terms –Ski and Golf Arrangements
a. Golf Holidays
Condition of Golf Course - The condition of golf courses varies throughout the year. General golf course maintenance on tee boxes, fairways and greens are an essential feature of golf course preparation. We cannot be held responsible for the impact of such work.
Golf courses reserve the right to alter confirmed tee times. If your confirmed golf club cancels your reservation or changes your tee time we will try to find a suitable alternative. You will be charged or refunded for any difference in the original cost. Such changes do not entitle you to cancel arrangements that are part of a package. Please also be aware that some golf courses may pair you up with other golfers during peak times.
Golf Clubs Carriage - We can no longer guarantee the complimentary carriage of golf clubs. Please discuss the individual airline policy with your Travel Consultant at the time of booking.
Transfers - We are able to arrange private transfers to your resort. Flight delays do however occur and additional charges may apply to retain your transport in this event.
Tournament Minimum Numbers - For all Tournaments a minimum number of participants is required to enable them to take place. We will review whether the minimum number has been reached approximately four weeks before the relevant holiday departure date and will inform you immediately if the minimum number has not been reached. In the event of this situation arising we will refund you all Tournament costs. Regrettably it will be be possible to cancel your travel arrangements without incurring the applicable cancellation cost.
b. Ski / Chalet holidays
Chalet Prices - Chalet prices are per person excluding flights and transfers from the airport to your resort. Accommodation is based on 2 adults sharing a standard twin room and includes breakfast, afternoon tea, an aperitif and canapés plus dinner accompanied by wine and coffee (six evenings a week). Our prices do not include ski insurance.
Room Occupancy - Unless stated otherwise, rooms are sold on a twin occupancy basis. If you would prefer not to share a room and there are no single rooms available, you can take a twin room for sole occupancy and we will charge you the twin occupancy price less £100 per week.
Chalet Occupancy - Our holiday prices are usually based on the full occupancy of the chalets we offer. We do however reserve the right to offer chalets on a part occupancy basis although this is at our discretion and may be restricted to adults only out of consideration for other guests.
Groups - Groups (6 or more) may be subject to an additional behaviour and damage security deposit. Your Travel Consultant will advise you. Single sex groups are not permitted in chalets for sole occupancy. You must therefore advise us at the time of booking if you will be a single sex group so that we may place your booking accordingly. If you fail to do so we reserve the right to cancel the arrangements.
Children - Young children are not usually permitted to stay in chalets unless the chalet is under sole occupancy. In the event that you are travelling with young children, or wish to be in an adult only chalet, please advise us at the time of booking and state this on your online booking form so we may discuss an appropriate chalet arrangement.
Please Note - Nannies are unable to look after sick children. We have a no smoking policy within all our chalets. A small deposit for lift passes and chalet keys is required. Guests are not allowed to prepare meals in the kitchens. We regret we are unable to accommodate pets
Extra Bed Discounts - These only apply when all main beds in the chalet have been filled at brochure price (ie. no child or other discounts) and are applied at our discretion, charged at half of the brochure price and no further discounts apply. Note Use of extra beds will put a strain on the chalet facilities.
Ski Club of Great Britain - We offer a 5% discount for individual members of SCGB on the brochure price of our chalets. Bookings must be made directly with Supertravel and you must provide a valid membership number at time of booking. This discount cannot be used with any other offer or discount.
Child Discounts - Children aged 2-15 at time of travel qualify for a £100 discount per child per week
1) In order to qualify for child discounts there has to be a ratio of one child to each adult paying full brochure price.
2) There is a charge of £100 per infant under 2. This does not include cot linen and airlines do not normally allocate seats to infants under 2.
3) Each child may only benefit from one of the discounts outlined in this brochure and will not be eligible for any other discounts or offers e.g. free lift passes.
1) To benefit from any discount a single invoice will be issued to the party leader for the total holiday price and cannot be split into individual invoices.
2) If a party reduces in size, discounts are adjusted accordingly. The per person price will also be adjusted for those with sole occupancy chalet bookings.
3) To benefit from any discount all qualifying bookings must be paid in full at least 10 weeks before departure.
Hot Tubs, Swimming pools, Steam and Sauna Rooms - These are subject to local regulations and you may find there are restrictions in place at certain times of the day. Use of any of these amenities will also be at your own risk as no attendants or life guards are available. Children must not be left unattended at any time. Please ask your travel consultant for information at the time of booking.
Ski School - With the growing number of skiers, local ski schools can struggle to meet demand. To get the tuition you want we strongly recommend that you make advance bookings for ski school and kindergarten. Note: Cancellation fees are levied by the ski schools concerned. Please check with us if you wish to cancel or amend your ski school booking and we will advise you of any charges.
This clause only applies where your booking constitutes a package and your contract is with us.
(1) We promise to make sure that the arrangements we have agreed to make, perform or provide as
applicable as part of our contract with you are made, performed or provided with reasonable skill
and care. This means that, subject to these booking conditions, we will accept responsibility if,
for example, you suffer death or personal injury or your contracted arrangements are not provided as
promised or prove deficient as a result of the failure of ourselves, our employees, agents or
suppliers to use reasonable skill and care in making, performing or providing, as applicable, your
contracted arrangements. Please note, it is your responsibility to show that reasonable skill and
care has not been used if you wish to make a claim against us. In addition, we will only be
responsible for what our employees, agents and suppliers do or do not do if they were at the time
acting within the course of their employment (for employees) or carrying out work we had asked them
to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of possessions or enjoyment),
damage, expense, cost or other sum or claim of any description whatsoever which results from any of
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
- 'force majeure' as defined in clause 10 above
(3) Please note, we cannot accept responsibility for any arrangements which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase whilst away as forming part of your arrangements. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the arrangements we have agreed to provide or arrange as part of our contract and the laws and applicable standards of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint were provided in compliance with local laws and standards, the arrangements will be treated as having been properly provided. This will be the case even if the arrangements did not comply with the laws and standards of the UK which would have applied had those arrangements been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable traveller to refuse to take the arrangements in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 21(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 21(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 21(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies. Our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air EC Regulation 392/2009, the Athens Convention for international travel by sea (as amended by the 2002 protocol and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request.
22. Passport, visa and health requirements
We provide basic advice to British Citizens with a British passport regarding passport and visa requirements. Clients who are not a British Citizen or who do not hold a British citizen’s passport should check with the embassy or consulate of the country to or through which they are intending to travel for the applicable passport, visa and health requirements. You must make sure you have all the necessary valid travel and health documents to comply with the requirements of the country/ries you are visiting. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty, costs or expenses being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.
British citizens require a full passport for overseas travel. Furthermore, if you are travelling on an e-ticket, you must take your travel itinerary and any ground arrangement vouchers with you. Failure to obtain and present correct travel documentation at check-in is likely to result in the airline refusing to allow you to travel. We suggest you keep a photocopy of your passport separately from your passport. This will assist in the issue of a temporary passport in the event of the passport being lost whilst overseas. A full British passport presently takes approximately 3 to 6 weeks to obtain. If you are 16 or over and haven't yet got a passport, you should apply for one at least 6 weeks before your departure date. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. For further details contact the Passport Office on Tel: 0300 222 0000 or visit www.ukpa.gov.uk. All children need to hold their own passport if they are to travel abroad. This includes newborn babies. Most airlines do not accept anyone under the age of 16 travelling alone. Some countries have an immigration requirement for passports to be valid for a minimum period beyond the date of entry to the country. If your passport is in its final year of validity, you should check with your travel consultant or the authorities of the countries you intend to visit before making any travel plans. Your first name and surname on your ticket must match those on your passport or you may not be allowed to travel and insurance cover may be invalid. If you change your name between booking and departure (e.g., newly-weds), you must notify us immediately.
As visa requirements may change at any time, it is important to check, within six weeks of departure, the visa requirements for the countries you are travelling to or via with the relevant consulate or embassy or refer to www.gov.uk/foreign-travel-advice. You may also be required to have a certain number of unused pages in your passport. Please allow enough time prior to departure for the documentation to be processed by the consulate or embassy. We cannot be liable for any costs incurred should you be refused a visa after making a booking with us and the cancellation charges in clause 9 will apply.
Travel to the USA (or via and including transits)
All airlines that operate to the USA are now legally required to provide the US border control agencies (specifically the US Customs Service) with access to passenger information held by the airline. Any British citizen who was born in the US should contact the US embassy before travel as additional documentation may be required. Many British citizens are eligible to enter (or transit via) the United States without a visa under the Visa Waiver Programme (VWP) provided they meet certain criteria. A US Visa is required however, for stays over 90 days. Please refer to www.usembassy.org.uk for full details of the programme. The US Visa Waiver Programme requires adults and children and infants to hold individual machine-readable passports or obtain a non-immigrant visa in advance. For further details contact the US Embassy or consult the US State Dept website www.travel.state.gov or the Foreign Office website www.fco.gov.uk.
Passports issued on or after 26 October 2006 must contain a computer chip (also known as an e-passport) to qualify for the Visa Waiver Programme. You can check your passport validity with the UK Passport Office Advice Line http://www.passports-office.co.uk/.
Note Holders of UK passports with the endorsement British Subject, British Dependent Territories Citizen, British Protected Person, British Overseas Citizen or British National (Overseas) Citizen do not qualify for the Visa Waiver Programme. In addition some travellers are not eligible to enter the United States visa free under the Visa Waiver Programme. These include, but are not limited to, persons who have been arrested and those with criminal convictions. The Rehabilitation of Offenders Act does not apply to US visa law. Contact the US Embassy before travelling for further information.
Travel requirements for the USA The United States Government has implemented legal requirements which necessitate the collection of additional passenger information in advance of travel to/from the USA.
All passengers (not in possession of a valid US visa or not a US Citizen) travelling to the US must apply for the Visa Waiver Programme for stays of up to 90 days via the Electronic System for Travel Authorisation (ESTA). You must apply no less than 72 hours in advance of your departure but we recommend you apply at least two weeks before departure. The Visa Waiver issued by ESTA is valid for 2 years for trips of up to 90 days or until your passport expires at which time you must reapply. Amendments can be made to some personal data contained within the authority to travel on-line. Please go to http://esta.cbp.dhs.gov/ . Please note: We accept no responsibility should you fail to adhere to this procedure and or are refused entry (including transits) to the US.
Passengers intending to travel to the United States must present, at their departure airport, the full address of their intended destination - including the US zip code.
SFPD (Secure Flight Passenger Data)
The Department of Homeland Security (DHS) in the United States has implemented Secure Flight Passenger Data (SFPD). This is an enhanced security check for passengers wishing to fly to/from/within/over the United States or with a US registered airline. Each airline must transmit this data in advance to the US Authorities.
All passengers are required to provide the following minimum SFPD to us when making a reservation,
in accordance with the airline’s deadline or prior to the balance being paid in full:
* Name as it appears on your passport
* Date of Birth
* Redress Number if applicable (Note: Redress number is a unique number given to persons who have previously been incorrectly identified as a watch-list match by the DHS)
We regret that we cannot accept any liability if you are refused entry onto any transport or into any country due to a failure on your part to provide mandatory SFPD at the time of booking or at any time as instructed by us. The lead passenger must ensure all passengers named on the booking have provided SFPD data to avoid cancellation of the entire flight booking. Furthermore, we can accept no liability for any cancellations or airline fines due to your failure to provide mandatory SFPD. Please refer to http://www.tsa.gov/what_we_do/layers/secureflight/ for more information.
24. Complaints procedure We sincerely hope you will not experience any problems with your arrangements. If you do however, you should contact us or, if appropriate, the principal (where not us), supplier or the agent for the principal or supplier immediately as it is possible that the problem may be resolved straight away. Please refer to your ground arrangements vouchers for contact details of the relevant suppliers and/or their agents or our Emergency Assistance Team as shown on your travel itinerary. If the problem cannot be resolved locally, you should then write to us quoting your booking reference and giving full details of your complaint within 28 days of your return to the UK. Where your contract is with Lotus International Limited, Lotus Travel Limited or Lotus Leisure Limited, we will acknowledge your letter within 14 days with a full reply following within 28 days unless we have been unable to investigate your complaint within this time in which case a detailed explanation for the delay will be provided and a full reply sent in any event within 56 days. No liability can be accepted for any complaint or claim which is not notified in accordance with the provisions of this clause. Where your contract is with the airline, another ATOL holder or other third party, we will pass your communication to the principal who will provide you with a response directly.If your contract is with Lotus International Limited or Lotus Travel Limited or your complaint concerns our services, you may be able to use the ABTA arbitration scheme referred to in clause 25 may to resolve your claim.
25. ABTA and ABTA arbitration
Lotus International Limited (ABTA Nos Y135X and 76705) and Lotus Travel Limited (ABTA No V0974) are members of ABTA. If your contract is with Lotus International Limited or Lotus Travel Limited or your complaint concerns the agency services of DialAFlight or Supertravel, the following paragraph applies. In this paragraph, “we” means the company with whom you have a dispute.
Disputes arising out of, or in connection with your booking, which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent, please bear in mind that your contract is with the principal concerned. Unless the principal is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the principal. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme, contact ABTA at 30 Park Street, London, SE1 9EQ or see www.abta.com
26. Banned carriers
In accordance with EU Regulation No 2111/2005, we are required to bring to your attention the
existence of a “Community list” which contains details of air carriers who are subject to an
operating ban within the EU. The Community list is available for inspection at
We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which your flight is cancelled (by you or the airline) and we/the carrier are unable to offer you a suitable alternative flight, you will be entitled to a refund of the cost of the flight.
27. Denied Boarding Regulations In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). We regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel 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 and any principal other than the airline have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to firstname.lastname@example.org or see www.caa.co.uk – Referring Your Complaint to the CAA .
28. Foreign Office information
There may be information from the Foreign Office relating to the country or countries you are visiting or travelling via. For details you can check by visiting their website at www..gov.uk/foreign-travel-advice.
29. Foreign nationals
Passport, visa and health information is provided for British citizens with a British passport only. Non-British citizens, British subjects and British citizens who hold a non British passport should check with their consulate or embassy which travel documents are required for departure from and return to the UK.
30. Carrier’s conditions
Please note that the relevant carrier’s conditions of carriage will apply in the case of all air, rail or sea travel some of which may limit or exclude the carrier’s liability to you, often in accordance with international conventions and EU regulations. Copies of these conditions of carriage are available for inspection at our offices. Please further note that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve seats on board the airlines mentioned or such other airlines as may be substituted.
31. EU carriers – summary of liability for passengers and their baggage
For airlines with a valid operating licence granted by an EU member state, the following information is a summary of the airline’s liability for passengers and their baggage under the Montreal Convention of 28 May 1999 as implemented in the EU by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of EU member states. This summary cannot, however, be used as a basis for a claim for compensation or to interpret the provisions of the Montreal Convention or Regulation (EC) No 889/2002.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention
Compensation in the case of death or injury. - There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £93,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments - If a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £14,880).
Passenger delays - In case of passenger delays, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approx £3,860).
Baggage delays- In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approx £930).
Destruction, loss or damage to baggage - The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approx £930). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage - A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage - If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers - If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action - Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information - The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States.
32. All carriers – conditions of carriage and important information on liability Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For some international travel (including domestic portions of international journeys) the liability limit is approximately US$20.00 per kilo for checked baggage and US$400.00 per passenger for unchecked baggage. For travel wholly between US points. Federal rules require any limit on an airline’s baggage liability to be at least US$1,250.00 per passenger. Excess valuation may be declared on certain types of articles. Some carrier’s restrictions can be obtained from the carrier.
33. Conditions of Contract and Important Notices for Scheduled Air Services
Advice to international passengers on limitation of liability Passengers on a journey involving an
ultimate destination or a stop in a country other than the country of origin are advised that the
provision of a treaty known as the Warsaw Convention may be applicable to the entire journey,
including any portion entirely within the country of origin or destination. For such passengers on a
journey to, from or with an agreed stopping place in the United States of America, the Convention
and special contracts, for death or personal injury to passengers is limited in most cases to
proven damages not to exceed US$75,000 per passenger, and that this liability up to such limit
shall not depend on negligence on the part of the carrier. For such passengers travelling by
carrier not a party to such special contracts or on a journey not to, from, or having an agreed
stopping place in the United States of America, liability of the carrier for death or personal
injury to passengers is limited in most cases to approximately US$10,000 or US$20,000. The names of
carriers, parties to such special contract, are available at all ticket offices of such carriers
and may be examined on request. Additional protection can usually be obtained by purchasing
insurance from a private company. Such insurance is not affected by any limitation of the carrier’s
liability under the Warsaw Convention or such special contracts of carriers. For further information
please consult your airline or insurance company representative. Note: The limit of liability of
US$75,000 above is inclusive of legal fees and costs except in the case of a claim brought in a
state where provision is made for separate award of legal fees and costs, the limit shall be the
sum of US$58,000 exclusive of legal fees and costs. This is a notice required by order 69-2-65 of
the US DOT. It does not reflect the provisions of the Montreal Convention 1999 which may apply to
your journey. No representation is made as to the accuracy or its contents.
Notice If the passenger’s journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw or Montreal Conventions may be applicable and the Conventions govern and may limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage. See also notices headed “Advice to International Passengers on Limitation of Liability” and “Notice of Baggage Liaility Limitations” .
Conditions of contract 1. As used in this contract “ticket” means this passenger ticket and baggage check, or this itinerary/receipt as applicable, in the case of an electronic ticket, of which these conditions and the notices form part, “carriage” is equivalent to “transportation”, “carrier” means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, “electronic ticket” means the Itinerary /Receipt issued by or on behalf of Carriers, the Electronic Coupons and, if applicable, a boarding document. “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at the Hague, 28th September 1955, whichever may be applicable. Montreal Convention means the Convention for the unification of certain rules for International Carriage by Air signed at Montreal 28 May 1999. 2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention or Montreal Convention unless such carriage is not “International Carriage” as defined by that Convention. For carriage wholly within the UK the provisions of the Carriage by Air Act 1961 and Order made hereunder apply. 3. To the extent not in conflict with the foregoing, carriage and other services performed by each carrier are subject to (i) provisions contained in the ticket (ii) applicable tariffs; (iii) carrier’s conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply. 4. Carriage pursuant to this ticket is subject to the following: that (a) the flight(s) in respect of which this ticket is issued is/are in all respects subject to the provisions, obligations and conditions of such Charter agreement between the carrier and such charterer relating to the flight(s); (b) the holder of the ticket or itinerary or Itinerary/Receipt is duly qualified and entitled to be carried as a passenger upon the charter flight in question in accordance with all governmental and aviation regulations thereto and with any applicable provisions of such Charter Agreement; (c) all obligations of the charterer to the carrier in the terms of the Charter Agreement and otherwise and by the ticket or itinerary/receipt holder to the charterer having been duly implemented. 5. Carriers name may be abbreviated in the ticket; the full name and its abbreviation being set forth in carrier’s tariffs, address shall be the airport of departure shown opposite the first abbreviation of the carrier’s name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carriers timetables as scheduled stopping places on the passenger’s route; carriage to be performed hereunder by several successive carriers is regarded as a single operation. 6. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its Agent. 7. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives. 8. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation. 9. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier’s tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid. 10. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and from no part of this contract. Carrier may without notice substitute alternate carriers or aircraft and may alter or omit without notice. Carrier assumes no responsibility for making connections. 11. Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures. 12. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract. 13. Certain governments forbid interchanging on charter flights, this means that you must travel both ways with the same party regardless of how many trips your group has booked. The carrier cannot entertain requests for changes on return flights or be held responsible for passengers either missing flights or wanting to return earlier than planned for any reason whatsoever. Notice of Government and Airport imposed taxes, fees and changes the price of this ticket may include taxes, fees and charges which are imposed on air transportation by government authorities and airports. They may represent a significant portion of the cost of air travel and are included in the fare. You may also be required to pay taxes or fees or charges not already collected. Overbooking of Flights Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask volunteers willing to give up their reservation in exchange for a payment of the airline’s choosing. If there are not enough volunteers, the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions, persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline’s boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some countries although other consumer protections may be available. Check with your airline or travel consultant. Dangerous Articles in Baggage For safety reasons, dangerous articles must not be packed in checked or carry-on baggage. Restricted articles include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices.
34. Information accuracy
In the event of any conflict or inconsistencies between the Booking Conditions and anything stated by a member of staff, or elsewhere, these conditions shall prevail. We have made every effort to ensure that all the information we provide is correct at the time of giving it. However, you will appreciate that we do not own the facilities that you will be using and although we have described these as accurately as possible, we cannot be held responsible for any subsequent alterations made. There may also be occasions, particularly in low season or for religious festivals, when some facilities may temporarily be withdrawn. If we receive prior notification of these we will inform you. Services provided by overseas staff are subject to local regulations and availability.
35. Call Recording Conversations are recorded for the purposes of training, customer services and avoiding disputes.
36. Data Protection
We comply with all legislation currently applicable for the Data Protection Act. However should you wish not to receive promotional material from us, please email email@example.com. Please also refer to clause 38.
37. Law and jurisdiction Where your contract is with Lotus International Limited, Lotus Travel Limited or Lotus Leisure Limited, English law (and no other) will apply to the contract and to any dispute, claim or other matter of any description which arise between you and the principal (“claim”) (except as set out below). You agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see clause 25 or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). Your agency relationship with DialAFlight or Supertravel is also governed by English law. In the event of any dispute, claim or other matter of any description arising in respect of the agency services provided by DialAFlight or Supertravel, you agree this will be dealt with as set out in the preceding paragraph.
Where your contract is with the airline, another ATOL holder or other third party, the terms and conditions of the principal concerned will specify the governing law and how any dispute is to be dealt with.
(2) We may collect and use your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our “group companies” (some of whom are outside the UK/EEA) for business purposes. We may also disclose your information to companies who act as “data processors” on our behalf, or to our service providers operating systems or business functions on our behalf, some of whom are outside the UK/EEA. These purposes include administration, providing services (and contacting you where necessary), customer care, improving our service, business management and operation, re-organisation/structuring/sale of our business (or our group companies), risk assessment, security and crime prevention/detection, research and analysis, marketing, monitoring, measuring and assessing customer purchasing preferences and trends, dispute resolution, credit checking and debt collection.
(3) Some of your information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data from you on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to disclose relevant information (which may contain sensitive personal data) to us in circumstances where we need to act in the interest of everyone in the group you are travelling with. For example, if your illness at resort is infectious we may need to make special arrangements for you and also ensure that you do not return with the group immediately.
If you do not agree to Our Use of Your Information above, we cannot do business with you or accept your booking. Direct Marketing Material (1) We may from time to time contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our group companies. Please note that our websites will assume you agree to e-communications when you make a booking. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material.
(2) We do not allow any material to go to third party companies.
(3) If do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.
(1) You have the right to ask in writing by completing our Data Subject Access Request form for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information. (2) You have the right to ask in writing not to receive direct marketing material about our products and services. If the following facilities are available, you can amend your previous preference on our website(s), using our “unsubscribe e-mail” or in literature which you subsequently return to us. Once properly notified by you, we will take steps to stop using your information in this way.