19 June 2013
Your Rights under this agreement are set out below.
a) Where we are an agent
i. Where we act as an agent the front of all relevant pages of the invoice will say "we act as an agent for..." and then the name of the company with whom you are making a contract. Your contract is with that company and subject to their terms and conditions, a copy of which can be obtained from ourselves. Where the front of the invoice states "we act as an agent for Lotus Travel Limited", the terms of your contract with Lotus Travel Limited are set out below. Alternatively, your invoice may say, "we act as an IATA agent", and in that case your contract is with the airline. The terms and conditions imposed by the airline apply to your contract, as well as their conditions of carriage. ii. Where we are acting as an agent, and the commission received by us from a supplier is insufficient to cover costs, a booking fee will have been included in the price quoted. Where an outstanding balance is not received by the due date, we reserve the right to charge a fee to cover the cost of the additional administration, credit control and postage that is incurred. If you have any special request, please inform us as soon as possible in writing. We will pass on such request to the principal, but neither we nor they can guarantee to meet any such request. Special requests cannot be accepted for late offer holidays. Further, we regret we cannot accept any conditional bookings, 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. In the event of cancellation/amendment by you, the principal will apply cancellation charges/amendment fees in accordance with their booking conditions. In addition we will apply a charge to cover our losses in advertising, administering and then amending/cancelling the bookings. The relevant charge will be quoted to you when notifying us of a cancellation. But in the case of scheduled flights, it is normal for airlines to charge the full flight cost in such circumstances. As we are only agents in these circumstances, we accept no responsibility of any description for the failure to perform or improper performance by our principal of their contract with you. As a matter of common sense, may we draw your attention to the provisions set out at paragraphs 19, 20, 23 and 24 below relating to flight timings, check in, infants, and passport, visa and health requirements. iii. Complaint Procedure Whilst, as stated, we are not liable in anyway for failing to perform or improper performance of the contract, we will do our best to help you resolve any complaint you might have against the principal. You are invited to set out any complaint in accordance with the rules set out in paragraph 14 below, complaints procedure.
b) Where your contract is with us.
When we act as a principal the relevant invoice will state that "your ultimate contract is with Lotus International Limited". In that case, the following booking conditions will apply, as set out below in "your contract with us" and the following paragraphs.
c) Where your contract is with Lotus Travel Limited
Where your invoice states that we are acting as agent for Lotus Travel Limited, the booking conditions applying to your contract with Lotus Travel Limited are the same as those set out below.
1. Your contract with us
Our acceptance of your deposit or payment forms a contract between us and the party leader (first named passenger) acting on behalf of all passengers in the party. These booking conditions apply. You are deemed to have accepted these conditions and, where applicable, the insurance details unless you write to us by return recorded delivery post to state otherwise. No other conditions will apply to this contract unless confirmed by us to you in writing.
The deposit required will depend on the components you choose. Flights/Hotels/ Condos/Villas/Car Rental/Motorhomes normally require a 35% deposit. All deposits received in respect of independent travel arrangements will normally be held by us on behalf of the service provider concerned. In the case of flight only arrangements, or where we act as agents for the airline or tour operator not as principal, full payment is usually required immediately. Your Travel Consultant will advise you at the time of booking. Deposits are taken by Lotus Travel Ltd or Lotus International Ltd on behalf of the principal. Although a provisional reservation for a scheduled flight may be made on payment of a deposit a confirmed booking can not exist neither can the price be guaranteed until final payment for the ticket has been received and the ticket issued. We cannot make refunds for unused car rental, hotel or other vouchers for packages or independent arrangements. For packages and independent travel arrangements the balance must be paid before the date specified on the flight confirmation or no later than 8 weeks before your departure date. Cheques must be received at least 10 weeks in advance. If we do not receive final payment by the due date then we / the provider of the services in question reserve the right to treat your booking as cancelled by you and cancellation charges will be applicable as detailed in section 9 below. Full payment will be required immediately for all bookings made within 8 weeks of departure.
3. The price of your holiday
The price of your holiday is subject to surcharges on the following items: Governmental action, currency, aircraft, fuel, overflying charges and airport charges. Even in this case we will absorb an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged but where a surcharge is payable there will be an administration charge of £1. If this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all monies paid, except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the invoice. Any surcharges will be notified to you no later than 30 days prior to departure. In exchange for this guarantee we will not make any refunds in the event of a favourable variation to currency rates. However, should the Government decide to impose a consumer levy this will not be covered by our guarantee and you will be advised of the amount payable. In the case of independent travel arrangements including flight only whilst very effort is made to avoid surcharges, service providers have the right to increase prices and to surcharge at any time and we reserve the right to pass these on to you in full.
Please note that it is your responsibility to ensure you are adequately insured.
5. Is your money safe?
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 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).
6. What’s included in the price of your holiday?
1. Return flights (if appropriate). 2. All UK airport and security charges but not all overseas departure taxes. 3. UK VAT on certain holidays within the EC. 4. Accommodation as specified on your confirmation invoice. 5. Ground arrangements as specified on your confirmation invoice.
7. Can you make changes to your booking?
Should you wish to make any changes to your holiday/flight booking after it has been confirmed, you must send your request to us either electronically or in writing signed by the person who made the booking. Whilst we will endeavour to meet any such request, we cannot guarantee we will be able to do so. Amendment fees also vary from airline to airline, you must consult with us to establish the cost dependant on the type of change and departure date. Any request to make changes must be received not less than 8 weeks before departure. Any request for changes received less than 8 weeks before departure will be treated as a cancellation of the booking by you and the cancellation charges set out below will then apply. Any new arrangements subsequently made will be treated as a new booking. Where the size of the party is changed, the price for the rest of the party members will be recalculated on the new party size if applicable. Providing a name change is provided to us before this will be treated as an amendment and carry the appropriate fee except in the case of scheduled flights where they will almost always levy 100% cancellation charge. Ground Arrangements Please note that we cannot make any refunds for unused car hire or hotel vouchers etc irrespective of what you are told by the local car hire company or hotel management. Car hire and hotel vouchers are only valid for the exact services for which they are issued. Please read carefully any vouchers sent to you as they contain useful information.
8. Changes by us
As your holiday/flight arrangements are made many months in advance, it is occasionally necessary to make changes to holiday/flight details both before and after booking, and we reserve the right at our discretion to do so. Most changes will be minor ones. In the event of a significant change, we will inform you if there is time to do so before departure. A significant change is a change made before departure which involves a change of outward or return flight time by more than 12 hours, a change of UK airport (except between Luton, Stansted, Gatwick and Heathrow) to one which is more inconvenient for you, or a change of resort airport, or a change of accommodation to one of a lower official classification, or in a different resort.
In the event of a significant change, you will be offered the choice of:-
1. Accepting the altered arrangements or
2. Purchasing another holiday from us (and paying or receiving a refund in respect of any price difference) or
3. Cancelling your holiday and receiving a prompt refund of all monies paid.B
In addition, if we are forced to make a significant change, we will pay you compensation on the scale set out below except where the change was made 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 which include but are not limited to those amounting to “force majeure” as defined in the important note below. Please note that no compensation is payable in respect of minor changes and no other claims for compensation or expenses will be considered. Please further note we reserve the right to substitute alternative airlines and/or aircraft to those shown in our brochure and such a change will not be a significant one entitling you to cancel without payment of the normal cancellation charges.
9. Cancellations by you
Should you wish to cancel your booking, you must notify ourselves in writing signed by the person who made the booking as soon as possible. Any such notification must be sent either electronically or by recorded delivery if posted. Notification of cancellation will only be effective on the date it is received at our offices. As we begin to incur costs from the date your booking is confirmed, we must levy cancellation charges to cover these costs calculated as a percentage of the total cost excluding insurance premiums and amendment charges which are non refundable in the event of your cancellation. This is to compensate for the expense of processing your booking and for the risk that we may not be able to resell the flight/holiday. For scheduled flights the charge will almost always be the full amount paid except for regular full fare tickets with no cancellation restrictions where an administration fee will be charged.
|Period before departure within which written notification of cancellation is recieved by us||Cancellation charge per person cancelling|
|More than 70 days||Deposit only|
|69 - 43 days||60% of holiday cost|
|42 -29 days||70% of holiday cost|
|28 days or less||100% of holiday cost|
NB You may be able to recover these cancellation charges from your insurance company if the reason for your cancellation falls within the terms of your insurance policy.
10. Cancellations by us
Occasionally, it is necessary to cancel holiday/flight arrangements and we reserve the right in our absolute discretion to do so. However, we will not cancel after the date the final balance of your holiday falls due unless you default in payment or we are forced to do so 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 such as those mentioned in the important note below. If we do cancel (other than due to your default in payment) we will offer you the choice of an alternative holiday/flight of comparable standard if available (with you paying or receiving a refund in respect of any price difference) or a full refund of all monies paid. Important Note In any circumstances covered by the Denied Boarding Regulations EU261/2004 you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitutes the full amount of your entitlement to compensation for all matters within the scope of these Regulations.
before departure a significant change or cancellation is notified to
(or your travel agent)
|Compensation per person (excluding infants)|
|More than 70 days||£0|
|69 - 43 days||£10|
|42 - 29 days||£15|
|28 days or less||£20|
11. Force Majeure
We regret we cannot accept liability or pay any compensation where we are forced to cancel, curtail, delay or in any way change your holiday/flight or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to “force majeure”. Such circumstances include war or threat of 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 circumstances outside our control.
12. Our liability to you
a. Quality We accept responsibility should the services which we are contractually obliged to provide prove deficient or not of a reasonable standard except where injury or illness results, dealt with below. So far as services provided by airlines or sea carriers are concerned, our liability is however limited as if we were carriers within the appropriate international conventions. This clause is subject to force majeure and the other terms of these booking conditions including the “exceptions” listed in the next paragraph. b. Personal injury connected with your holiday arrangements We accept responsibility should you or any member of your party suffer death, injury or illness as a result of any failure to perform or improper performance of any part of our contract with you by any of our employees, agents, suppliers or sub-contractors providing they were at the time acting within the course of their employment; except where the failure to perform or improper performance was due to the “exceptions” namely:- i). your own acts and/or omissions or ii). those of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or avoidable or iii). an event which either ourselves or the supplier of the services in question could not have foreseen or forestalled even with all due care. In addition, please note that in the case of services provided by air or sea, our liability is limited as if we were carriers within the appropriate international conventions. It is however a condition of our acceptance of liability that you notify us of any claim in writing within 28 days of your return from holiday and, where any payment is made, that you assign to ourselves and/or our insurers any rights you may have to pursue any third party. In addition, you must give ourselves and our insurers your full co-operation. c. Personal injury not connected with your holiday arrangements If, through misadventure, you suffer illness, personal injury or death from an activity which does not form part of your holiday arrangements, we shall still give every assistance including, at our absolute discretion, advice and initial financial assistance to take legal action against a third party up to a total maximum cost to ourselves of all assistance provided (whether monetary or otherwise) of £5,000 per booking form. Assistance must however be requested within 90 days of the date of misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies in force, we will, however be entitled to recoup from you the costs we actually incur. Although we may be stating the obvious, an unfortunate previous experience requires us to make the point that animals are not allowed in our accommodation.
13. Information accuracy
In the event of any conflict or inconsistencies between the Booking Conditions and anything stated elsewhere in a brochure or 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 accommodation, airlines and other facilities that you will be using. Although we have described these as accurately as possible we cannot be held responsible for any other subsequent alterations made. There may be occasions, particularly in low season, when some facilities may temporarily be withdrawn. If we receive prior notification of these we will inform you. Services provided by staff in resort, if applicable, are subject to local regulations and staff availability.
14. Complaints procedure
We sincerely hope you will not experience any problems with our services. If you do however, you should contact the representative or agent immediately as it is likely they will be able to resolve any problem on the spot. (Refer to your Ground Arrangements vouchers.) If the problem cannot be resolved, your party leader should complete a report form which is normally available from the representative. You should then write to us quoting your booking reference and giving full details of your complaint within 28 days of your return from holiday. 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. We regret we cannot accept liability for any complaint of which we are not notified in accordance with the provisions of this clause.
In the unlikely event that we are unable to resolve any complaint amicably, you may if you wish refer the dispute to arbitration under a special scheme devised by arrangement with the Association of British Travel Agents. The scheme, details of which can be supplied on request, provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount greater than £5000 per person. There is also a limit of £25,000 per booking form. In addition, it does not apply to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, but claims with an element of injury not exceeding £1500 may be entertained. If you wish to make use of the scheme, written notice requesting arbitration under this scheme must be made within 18 months after the scheduled date of return from holiday but may in exceptional circumstances be offered outside this period. Full details are available from the Association of British Travel Agents, 30 Park Street, London SE1 9EQ.
16. Is there any way my holiday can be terminated?
We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is likely, in our opinion or that of any airline pilot or any other person in authority, to cause distress, danger, damage or annoyance to any of our other clients, employees, any third party or to property or if you are or appear to be unfit to travel by reason of intoxicating liquor, misuse of drugs or otherwise. In these circumstances, our responsibility for your journey or holiday, including any return flights thereupon ceases. Full cancellation charges will apply and no refunds will be given. Furthermore, we shall then be under no obligation whatsoever to pay you any compensation or meet any costs or expenses you may incur as a result.
17. Special requests
If you have any special requests, please inform us as soon as possible in writing. Although we will endeavour to meet any such requests, we regret we cannot guarantee to do so. Special requests cannot be accepted for late offer holidays.
18. Disabled Clients
We are not a specialist disabled holiday company, but we will do our utmost to honour any special requirements you may have. Before making a booking we will need to know if you have any medical/physical/mobility needs which might affect how and if we can deliver all your chosen holiday services. These needs may affect your flight, transfers or the suitability of your chosen accommodation or other aspects of your holiday. We would ask therefore that you advise us of any special needs/requirements to us in writing before making a reservation. Please note that this will not guarantee your needs will be met. It will however enable us to check the suitability of your chosen holiday based on the information supplied by you. We cannot be held liable if you fail to tell us about any special requirements that may affect the quality of your holiday.
19. 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 confirmation invoice but updated information will if necessary be provided by way of the ticket or itinerary or by way of further confirmation or electronic notification and you must read these very carefully to ensure you have the correct flight times. You must in addition ensure you read and observe any instructions sent with your tickets for reconfirming 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.
20. When do I check in?
Generally, you will need to check in at least two hours before departure. If you fail to do so, you are likely to be refused admission to the flight. In the event of your being refused admission to any flight or destination, country, or U.K. on return by the airline or any government authority, we will not be under any liability to you and will not be able to assist you. In the event of our being able to make alternative travel arrangements for you, you will be responsible for meeting all costs involved. If you are travelling on an E-ticket, you must take your Travel itinerary with you.
21. Carrier’s Conditions
Please note that the relevant carrier’s conditions of carriage will apply in the case of all air or sea travel some of which may limit or exclude the Carrier’s liability to you, often in accordance with international conventions. 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 one of the airlines mentioned in our brochure or such other airlines as may be substituted. Flight Delay In the event of a flight delay it is the carrier’s responsibility to provide refreshments or accommodation appropriate to the time of day and length of delay. Please refer to the carrier for additional information.
22. 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.
To be classed as an infant in accordance with the Air Navigation Regulations, a child must be under 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 will therefore be liable to pay a child’s price 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.
24. Passports, Visas and health requirements While we provide basic advice to UK citizens regarding passports and visa requirements clients not holding passports marked British Citizen should check with their Embassy or Consulate. 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.
We cannot accept responsibility for any loss or damage or delay to your luggage unless directly caused by the negligence of one of our employees.
26. Golf Holidays - Special Terms
a) 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. b) 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. c) Tournament Minimum Numbers For all Tournament weeks in this brochure a minimum number of persons is required to enable them to take place. We shall assess whether the minimum numbers have been reached approximately four weeks before the relevant holiday departure date. We shall inform you immediately if the minimum number necessary has not been reached for your holiday. In the event of this situation arising we will refund you all tournament costs. Regrettably it is not possible to cancel your holiday without incurring the cancellations costs outlined below.
27. Ski Holidays - Special Terms
a) Ski/Board Carriage
We can no longer guarantee the complimentary carriage of skis/boards/ boots. Please discuss the individual airline policy with your Travel Consultant at the time of booking.
We are able to arrange private transfers to your resort. Flight delays do however occur and additional charges may apply to retain your transport.
c) Chalet holidays
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.
ii)Empty Bed Charge
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 brochure price less £100 for the empty bed.
iii) 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 (6 or more) may be subject to a behaviour/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 of any single sex groups so that we may place your booking accordingly or we reserve the right to cancel the holiday.
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 booking form so we may discuss an appropriate chalet arrangement.
· 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
d) Chalet Discounts
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.
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 (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 cannot be added to any other discounts or offers e.g. free lift passes
1) To benefit from any discounts 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.
3) To benefit from these discounts all bookings must be paid in full 10 weeks before departure by one payment from the party leader.
e) 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 will be levied by the ski schools concerned if sufficient warning is not given.
28. This contract
This contract shall be deemed to be made at the Registered Office of Lotus Travel Ltd or Lotus International Ltd, Sandpiper House, 39 Queen Elizabeth Street, London SE1 2BT and is subject to English Law and the jurisdiction of the Courts of England and Wales.
1) Where the commission received by Lotus Travel Ltd or Lotus International Ltd from a supplier is insufficient to cover costs, a booking fee will have been included in the price quoted.
2) Where an outstanding balance is not received by the due date we reserve the right to charge a fee to cover the costs of the additional administration, credit control and postage that is incurred.
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.
Passports and Visas
British citizens require a full passport for overseas travel. We recommend that your passport has at least six months validity on your return to the UK. Furthermore, if you are travelling on an E-ticket, you must take your Travel Itinerary with you. Avoid stressful, last-minute panics by making sure that your passport and any visas required, are valid well in advance. Failure to obtain and present correct travel documentation at check-in may result in the airline being unable to allow you to travel. Customers are encouraged to keep a photocopy of their passport separate from their passport. This will assist in the issue of a temporary passport in the event of the passport being lost whilst on holiday. For further details contact the Passport Office on tel: 0870·521·0410 or visit www.ukpa.gov.uk. Passports For Children (excludes USA, see Travel to USA) All children who are not already included on a valid ten-year passport need to hold their own passport if they are to travel abroad. This includes new-born babies. Children who are already included on an existing passport may continue to travel with the passport holder until one of the following occurs; The child reaches the age of 16. The passport on which the child is included expires. The passport on which the child is included is submitted for amendment. Please note: Children cannot be re-added to passports which are submitted for amendment. In these circumstances, you will need to apply for separate passports for any children who were previously included on your passport. Most airlines do not accept anyone under the age of 16 travelling alone. Some countries have an immigration requirement for a passport to remain 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 sales consultant or the authorities of the countries you intend to visit before making any travel plans. Name changes The christian 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. Any member of your party who has changed his or her name between booking and departure (eg, newly-weds) must notify us immediately so that a ticket can be issued in a new name (see section 7). If there’s no time to amend the passport, please carry the marriage certificate or deed poll for presentation with the passport.
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.fco.gov.uk/knowbeforeyougo. Please allow enough time prior to departure for the documentation to be processed by the Consulate. 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 either 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 which is 0870·521·0410.
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 Embassy before travelling for further information.
Immigration requirements to 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 on and after 12/01/09 must apply for the Visa Waiver Programme for stays 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 Visa Waiver 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 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.
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 either check by phoning the Foreign Office on 0870·606·0290 or visit their web site at www.fco.gov.uk/knowbeforeyougo.
Unless otherwise stated it is essential that you check in at least 2 hours before departure. You must reconfirm your return flight with the local office of the flight supplier or airline 72hours before departure. If you are travelling on an E-ticket, you must take your Travel itinerary with you. Also see clause 20.
Most airlines allow a Free Checked Baggage Allowance for your journey, which will depend on the airline, destination and class of travel. This allowance will be either based on the weight of your baggage 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, 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, you should make special arrangements with your airline in advance.
Passport, Visa and Health information is for British citizens only. Non-British nationals and British Subjects should check with their consulate which travel documents are required for departure and return to the UK.
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 of baggage liability limitations
Liability for loss, delay or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most 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.
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 Liability 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 thereunder 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 carriers’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 EU notice requirement (for EU countries only) Regulation (EC) No.889/ 2002 NOTICE
Limits of Liability
The applicable limits of liability for your journey operated by your contracted air carriers, are as follows: 1. There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation; 2. In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approx. EUR1,230) and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel; 3. In the case of delay to your journey, 4,150 Special Drawing Rights (approx. EUR 5,100).
Conversations are recorded for the purposes of training, customer services and avoiding disputes.
(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.
Your Rights (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.