Booking Conditions

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  • Flight Only
  • Single Service
  • Package Holiday
  • Your Rights under Package Travel

FLIGHT ONLY BOOKING TERMS & CONDITIONS

These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your booking with Lotus International Limited Registered Office: Sandpiper House, 37-39 Queen Elizabeth Street, London, SE1 2BT, Company No: 01835272 (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  • a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
  • b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  • c. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  • d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act as both a Principal and an Agent in the sale of flight only bookings (“Flight Bookings”). Our obligations to you may vary depending upon the capacity in which we are acting and we have tried to set them out below as clearly as possible:

  • (A) Section A contains the conditions which will apply to all Flight Booking.
  • (B) Section B contains the conditions which will apply where you make a Flight Booking with us, where we are acting as Principal.
  • (C) Section C contains the conditions contains the conditions which apply when you make a Flight Booking where we are acting in an Agency capacity.

SECTION A – APPLICABLE TO ALL FLIGHT BOOKINGS

  1. Booking and Paying for your Flight Booking

    Full payment of the cost of your chosen Flight Booking is required at the time of booking. You must also pay all applicable booking fees.

    Your booking is confirmed and a binding contract between you and us (where we are the Principal) or you and the airline supplier or operator of the aircraft (“Supplier/Principal”) (where we are acting as an Agent), will come into existence when we despatch the booking confirmation or your flight tickets.

    Please check this confirmation / tickets and all other booking documents that you receive carefully, as soon as you receive them. You must contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.

    Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport.

  2. Accuracy

    We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Flight Booking that you wish to book before your booking is confirmed.

  3. Special Requests

    If you have any special requests, please let us know at the time of booking. We will pass on all such requests to the supplier of your Flight Booking but we do not guarantee that they will be met and we will have no liability to you if they are not.

    We do not accept bookings that are conditional upon any special request being met.

  4. Insurance

    Adequate travel insurance is a condition of your contract either with us or the Supplier/Principal in question, as applicable. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses, etc. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

  5. Fitness to Travel and Medical Conditions

    If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Flight Booking.

    Acting reasonably, if we (or the Supplier/Principal, where we are acting in an Agency capacity) are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

  6. Complaints

    Where we are acting in an Agency capacity, the contract for your Flight Booking is between you and the Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem during your flight, this must be reported directly to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

    Where you have made a booking where we are acting as the Principal, we make every effort to ensure that your Flight Booking runs smoothly but if you do have a problem during your flight, please inform both ourselves and the relevant supplier immediately who will endeavour to put things right. If the matter cannot be resolved promptly please contact customer.services@lotusgroup.co.uk within 28 days of your flight giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

    Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 12 for further details.

    You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.

  7. Force Majeure

    Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to (actual or threatened) war, civil strife terrorist activity and its consequences, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

    Brexit Implications: please note that certain flights may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure.

  8. Passport, Visa and Immigration Requirements and Health Formalities

    It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your flight booking. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

    Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

    Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.

    Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

    We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

  9. Conditions of Suppliers

    The services that make up your Flight Booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions and conditions of carriage which will form part of your contract with us. Some of these terms and conditions and conditions of carriage may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

  10. Foreign Office Advice

    You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 7).

  11. Jurisdiction and Applicable Law

    These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

  12. ABTA

    We are a Member of ABTA, membership number V0974. 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 https://www.abta.com/.

  13. Advance Passenger Information

    A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

  14. When do I check in?

    You will need to arrive at least at least two hours before departure for check in even if you have checked in online. If you fail to do so, you are likely to be refused access to the flight and deemed to be a no show: No refunds will be made and 100% cancellation charges will be applied to the full cost of your booking and not just the flight arrangement.

    Please Note: You can now check in for your flight via our DialAFlight App, available on the iPhone via the App Store and on Android via the Google Play store.

  15. Outward and return tickets

    Both the outward and return portions of your ticket must be used. If you do not use the outward portion, including any internal or connecting flights, you will not be allowed to utilise the return portion. We will make no refund in these circumstances. If you are travelling on an e-ticket, you must take your travel itinerary and any ground arrangement vouchers with you. Your first name and surname on your ticket must match those on your passport or you may not be allowed to travel and insurance cover may be invalid. If you change your name between booking and departure (e.g., newly-weds), you must notify us immediately.

  16. Connecting Flights and Missed Connections

    When you are booking flight arrangements that include a connection, we would strongly recommend that you book your ticket as a ‘through ticket’ and not as two individual flights. This is to ensure that sufficient time is allowed between flights for you to make your connection and to ensure that the airline will assist you should any difficulties arise with the connection due to a delayed first flight.

    In the event that you have booked connecting flights and you do miss your connection, please contact either the airline directly or ourselves (on 0207 204 6661) immediately and we will do our very best to assist you.

  17. Luggage

    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.

  18. Luggage Allowance

    Most airlines allow a free checked baggage allowance for your flight which will depend on the airline, destination and class of travel. This allowance will be based on the weight of your baggage and/or the number of pieces. You will be subject to excess baggage charges by the airline if you exceed the stated allowance. Children and infants may have a reduced allowance for checked baggage. Restrictions also apply to the amount of cabin baggage you can take onboard the aircraft. Please contact your sales consultant if you are in doubt about your baggage allowances. Please note, many airports are introducing weight limits for individual items of baggage which are checked in for carriage in the aircraft hold. This maximum weight is 32kg (70lbs). This policy relates only to single items and does not affect the overall baggage allowance for individual airlines. Passengers will be required to re-pack baggage to achieve the single item limit of 32kg. If you need to carry items which exceed the 32kg weight limit such as sporting equipment, musical instruments, electric wheelchairs or TV news cameras etc. you should make special arrangements with your airline in advance as no responsibility for their carriage is accepted.

  19. Infants

    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.

  20. Aircraft Changes and Seating

    Please Note: we may be able to provide you with an indication of the type of aircraft that may be used in your Flight Booking, on behalf of the Supplier/Principal, but any such information given is provided by way of a guide only and is not a representation or a guarantee as to the actual aircraft that will be used in your Flight Booking. From time to time the Supplier/Principal may be constrained to change the type of aircraft used for the performance of your Flight Booking and the Supplier/Principal reserves the right to do so.

    Where you are able to select seats for your Flight Booking, those seat selections are merely a suggestion of preference and are not guaranteed. In the event of a change of aircraft type or other operational change on the part of the Supplier/Principal those seat selections may no longer be applicable or available. In such circumstances, neither we nor the Supplier/Principal can accept liability or responsibility for any inconvenience arising as a result.

    SECTION B – PRINICIPAL BOOKINGS

    This section applies to all Flight Bookings that you make with us when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

  21. ATOL Certificate

    Where we are acting in a Principal capacity in respect of your Flight Booking, we will issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate are wrong you must advise us immediately as changes cannot be made later.

  22. Changes Made by You

    If you wish to change any part of your Flight Booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking.

    Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of a per person administration fee, per change (as advised to you at the time of your requested change) well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original Flight Booking we will treat this as a cancellation by you. A cancellation fee may be payable (see clause 23 below).

    Please note: Frequently it is the case that Flight Bookings may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the Flight Booking.

  23. If You Cancel Your Flight Booking

    If you or any other member of your party decides to cancel your confirmed Flight Booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery.

    Please Note: Since we are subject to the fare rules of the various airlines that we work with, all cancellations will be subject to a charge equal to 100% of the cost of your Flight Booking, regardless of when you inform us that you wish to cancel your Flight Booking.

    We will deduct the cancellation charge(s) from any monies you have already paid to us.

  24. If We Change or Cancel Your Booking

    We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

    Very rarely, we may be forced by "force majeure" to change or terminate all or some of your Flight Booking after departure. If this situation does occur, we regret we will be unable to pay you compensation.

  25. Our Responsibilities
    1. Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your Flight Booking with us with reasonable skill and care. We have no liability to you for the actual provision of the Flight Booking, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the performance of the Flight Booking in question or any acts or omissions of the supplier, its employees or agents.
    2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
      • (a) the act(s) and/or omission(s) of the person(s) affected; or
      • (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
      • (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
      • (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
    3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
      • (a) loss of and/or damage to any luggage or personal possessions and money,

        The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

      • (b) Claims not falling under (a) above and which don’t involve injury, illness or death

        The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Flight Booking.

      • (c) Claims in respect of international travel by air:

        i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

        ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

        iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

    4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
    5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
    6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
    7. We will not accept responsibility for services or facilities which do not form part of your Flight Booking with us or where they are not advertised by ourselves.
  26. Insolvency Protection

    We provide financial security for Flight Bookings that we sell when acting as a Principal by way of our Air Travel Organiser’s Licence number 84357, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk

    When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

    We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).

    If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

  27. Your Behaviour

    All customers are expected to conduct themselves in an orderly and acceptable manner. If in our opinion or in the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any third party or damage to property, we reserve the right to terminate your Flight Booking immediately.

    In the event of such termination our liability to you and/or your party will cease. We will have no further obligations to you and/or your party. No refunds for lost transport or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the airline concerned. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your Flight Booking or with us.

    SECTION C: AGENCY BOOKINGS

    This section applies to Flight Bookings we make for you when acting as agent. We will inform you during the booking process where we are acting in an agency capacity. Please read this section in conjunction with Section A of these Booking Conditions.

  28. Your Contract

    When making your Flight Booking with the Supplier/Principal, we will make full payment of the cost of the Flight Booking to the Supplier/Principal on your behalf, at the time of booking, and the Supplier/Principal shall issue you with a confirmed ticket for your Flight Booking, which we shall pass on to you immediately upon receipt from the Supplier/Principal.

    As such, your Flight Booking is not ATOL protected, and we shall clearly mark this on your confirmation invoice.

    Your contract for the Flight Booking shall always be with the Supplier/Principal concerned and we act as a booking agent at all times. You will be entering into a contract directly with the Supplier/Principal concerned and you will be subject to their terms and conditions.

    We will send you a booking confirmation on behalf of the Supplier/Principal, showing the price charged for the Flight Booking.

    Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Flight Booking will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

  29. Ticketing

    Your confirmed tickets and any other documents relating to your booking will be sent by email to the email address which you give us at the time of booking, immediately upon receipt of the same from the Supplier/Principal.

  30. Cancellation and Amendment

    Any cancellation or amendment request must be sent to us in writing and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Flight Booking. The Supplier/Principal may charge the cancellation or amendment charges shown in their Terms and Conditions (which are almost always 100% of the cost of the Flight Booking regardless of the point at which you cancel).

    All cancellations and amendments will be subject to payment of a per person administration fee per change (as advised to you at the time of your requested change or cancellation), as well as any costs and charges incurred by us and/or incurred or imposed by any of our Supplier/Principal’s in making the change or cancellation.

  31. Changes or Cancellations by the Supplier

    We will inform you of any changes or cancellations made by the Supplier/Principal as soon as reasonably possible. If the Supplier/Principal offers an alternative Flight Booking or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your Flight Booking by the Supplier/Principal under your contract with them.

  32. Our Responsibility for Your Flight Booking

    Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Flight Booking. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Flight Booking that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the service fee we earned on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

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