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, Commonwealth & Development 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 76705. 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.

SINGLE SERVICE TERMS & CONDITIONS

Except where otherwise specified, we, Lotus Leisure Limited (Registered Office: Sandpiper House, 37-39 Queen Elizabeth Street, London, SE1 2BT, Company No: 01520706) act only as an agent in respect of all bookings we take and/or make on your behalf.

We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase (“Arrangements”) or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any arrangements.

For all arrangements, your contract will be with the supplier of the arrangements in question (the ‘Supplier/Principal’).When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Supplier/Principal(s) you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s booking conditions may limit and/or exclude the Supplier/Principal's liability to you. Copies of applicable conditions are available on request from us.

By making a booking with us, you agree that you:

a. have read these Agency Terms & Conditions and agree to be bound by them;
b. consent to our use of your information in accordance with our Privacy Policy; and
c. are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services;
d. accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. Booking and Payment
In order to confirm your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements (or full payment if booking within [12 weeks] of departure). You must also pay all applicable insurance premiums and booking fees. Your booking is confirmed and a contract between you and the Supplier Principal will exist when we send you confirmation on their behalf.

Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements 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.

2. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.

3. Insurance
You are strongly recommended to take out personal travel insurance for all members of your party. Some Supplier/Principals require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.

4. Special Requests
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can't guarantee that they will be met and we will have no liability to you if they are not.

5. Changes and Cancellations by you
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee per person per booking.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

6. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.

7. Our Responsibility for your 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 Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements 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 commission we earn 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.

8. Visa, Passport and Health Requirements
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the Arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the supplier of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.

9. Complaints
Because the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.

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

10. Law and Jurisdiction
These Agency Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

11. Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

12. Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Arrangements or any other services please contact us.

PACKAGE 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 contract with Lotus Travel Limited Company No: 01520706 or Lotus International Limited Company No: 01835272 whose Registered Offices are: Sandpiper House, 37-39 Queen Elizabeth Street, London, SE1 2BT,: (“we”, “us”, “our”). Lotus International Limited is also a member of ABTA; number 76705, Y135X. Please read them and your booking confirmation carefully as they set out our respective rights and obligations. Your ATOL certificate will show the contractual position and appropriate company name.

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 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.

1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us a deposit (or full payment if you are booking within 56 days of departure or in respect of certain arrangements where full payment is required up front regardless of the point at which the booking is made) and we issue you with a booking confirmation. We will inform you of the payments that are required at the time you make your booking.

We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.

A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you.

If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 56 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.

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 arrangements that you wish to book before you make your booking.

3. Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. 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.

4. Pricing
The price of your travel arrangements has been calculated using exchange rates quoted by IATA on a weekly basis in relation to the following currencies: US Dollars, Euros and any other world currency.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

The price of your confirmed holiday is subject at all times to variations in:

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; or
(ii) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes landing taxes or embarkation or disembarkation fees at ports and airports; or

(iii) the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

5. Jurisdiction and Applicable Law
These Booking 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. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

6. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

7. If You Change Your Booking & Transfers of Booking
If you wish to change any part of your 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), as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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 booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 8.

Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an amendment fee (as advised to you at the time of your requested transfer) per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
d. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 8 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

8. If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed 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.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

	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%

Please note that amendment charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

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

9. Cancellation by You due to Unavoidable & Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significant affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth & Development Office advises against travel to your destination or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, and significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

10. If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes:
If we make an insignificant change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in our advertising material may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. ”Examples of “significant changes” include the following, when made before departure:

A change of accommodation area for the whole or a significant part of your time away.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
A change of outward departure time or overall length of your arrangements of twelve or more hours.
A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
A significant change to your itinerary, missing out one or more destination entirely.

Cancellation:
We will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
iv if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation:
In addition to a full refund of all monies paid by you, we will pay you reasonable compensation, in the following circumstances:

If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
If we cancel your booking and no alternative arrangements are available.

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

we make an insignificant change;
where we make a significant change or cancel your arrangements more than 56 days before departure;
where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
where we have to cancel your arrangements as a result of your failure to make full payment on time;
where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
where we are forced to cancel or change your arrangements due to Force Majeure (see clause 11).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

11. 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 “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, 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, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements 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 certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. 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, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

12. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

13. Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we 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.

14. Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact 0207 204 6661 (Please Note: this is an emergency 24 hour telephone number only, this should not be used for contact purposes once you have returned to the UK) or customer.services@lotusgroup.co.uk.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, 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.

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

15. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements 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 hotel manager or other supplier prior to departure. 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 booking arrangements or with us.

16. Our Responsibilities

1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

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:

the acts and/or omissions of the person affected; or
the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
Force Majeure (as defined in clause 11).

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 an amount equivalent to the excess on your insurance policy which applies to this type of loss 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 up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

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); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). 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 us 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 us 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 our agreement or where they are not advertised on our website or in our marketing material. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

17. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

18. Insolvency Protection
We provide financial security for flight-inclusive packages by way of our Air Travel Organiser’s Licence numbers 1479 and 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.

If you book arrangements other than a package holiday from us, your monies will not be financially protected. Please ask us for further details.

19. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. 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 .

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign, Commonwealth & Development 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.

20. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions 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 us or the supplier concerned.

21. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, , we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

22. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in our advertising material or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your final flight itinerary. You should check your final flight itinerary very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en ) detailing air carriers that are subject to an operating ban with the EU Community.

Our website and other advertising material is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

23. 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.

24. 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 11).

25.

ABTA – Lotus International Limited
Is a Member of ABTA, membership number 76705, Y135X. 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 https://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/ .

26. Flight Timings
The flight timings quoted are for general guidance only and are subject to change. Latest timings will be shown on your travel itinerary but updated information will, if necessary, be provided by way of the itinerary or electronic notification and you must read these very carefully to ensure you have the correct flight information; we would also recommend that you check-in for your return flights, online, so that you can check final flight timings, if you are able to do so. 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.

Please Note: You can also find latest flight timings via our DialAFlight App, available on the iPhone via the App Store and on Android via the Google Play store.

27. 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.

28. 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.

29. 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.

30. 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.

Please Note: in some cases bassinettes are available on request, subject to availability, please contact us for further information.

31. 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.

32. 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.

33. Accommodation, Ratings and Standards
Please note that the type of bed(s) available in your chosen accommodation cannot be guaranteed. The room you book will be able to meet its stated occupancy but no guarantee is given as to whether you will receive a twin, double or other type of bed.

In certain countries, as part of the stated occupancy children may be expected to share beds with adults. Please contact us if you require any further information in this regard.

All star ratings are provided by the supplier of your chosen arrangements. These are intended to give a guide to the services and facilities you should expect from the services that you have booked. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

34. Car Hire
When your booking includes car hire, you will be required to enter into a rental agreement with the supplier of your hire car, when you collect your car on arrival.

We would strongly urge you to read both the rental agreement and any additional information or documentation that you are provided with, when collecting your car, before signing the rental agreement. In particular, you should carefully check any charges or additional items that are listed in the rental agreement and additional information that you are provided, to ensure that all such charges are correctly applicable.

Once you have signed the rental agreement and departed with your car, no refunds will be given by the supplier of your hire car in respect of any charges that you later determine were not applicable.

35. Special Terms - Golf Arrangements
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 not be possible to cancel your travel arrangements without incurring the applicable cancellation cost.

YOUR RIGHTS UNDER PACKAGE TRAVEL BOOKINGS

Regulation 5(2)(b): Information to be provided to the traveller before the package travel contract is concluded, where the use of hyperlinks is not possible.

Part 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to the packages. We, Lotus Travel Limited will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.

Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
If the organiser becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Lotus Travel Limited, has taken out insolvency protection with the Civil Aviation Authority (of CAA House, 45-59 Kingsway, London WC2B 6TE (www.caa.co.uk)) under ATOL number 1479 for flight inclusive packages and by way of ABTA 76705 for non-flight inclusive Packages. Please see clause 18 of Lotus Travel Limited’s Terms and Conditions for further information. Travellers may contact the above entities (as applicable) if services are denied because of Lotus Travel’s insolvency.

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 “unavoidable and extraordinary circumstances”, meaning any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, 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, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements 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 certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. 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, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.