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.
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.
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.
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).
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.
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.
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 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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
This clause only applies where your booking constitutes a package and your contract is with us.
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.
All Inclusive holidays, where you can eat and drink as much as you like, offer great value but different food, lots of sunshine and free alcohol will often result in 'travellers tummy'. This is not normally serious. But if you are seriously affected and symptoms persist please seek the assistance of a local doctor and contact us immediately so that we can assist you in resort. If you believe that the resort is at fault then you should contact your Travel Insurance provider or notify us in writing within 3 months of your return.
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) - ll 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.
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.
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:
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.
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 ADR scheme referred to in clause 26 to resolve your claim.
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. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. 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 ABTA ADR and not complaints about the arrangements themselves or the acts / omissions of the principal.
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 http://ec.europa.eu/transport/air-ban/list_en.htm. 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.
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 email@example.com or see www.caa.co.uk – Referring Your Complaint to the CAA.
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.
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.
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.
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.
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.
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.
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
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.
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 firstname.lastname@example.org. Please also refer to clause 38.
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.
Our Use of Your Information
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
Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country.
USE OF TOOLS/"COOKIES" AND LINKS TO OTHER WEBSITES
MONITORINGTo ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record:
All recordings are and shall remain our sole property.
We have taken all reasonable steps to have in place appropriate security measures to protect your information.
CHANGES TO THIS POLICY
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
Lotus Group, Sandpiper House, 39 Queen Elizabeth Street, London, SE12BT - Registered No: 1719966