Terms & Conditions

SmoothRed Limited Booking 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 SmoothRed Limited (company number is 5258877) with registered office One Garratt Lane, Wandsworth, London SW18 4AQ. (“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:

  1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
  2. 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);
  3. 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;
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
  1. THE SCOPE OF THESE CONDITIONS
    1. In these Conditions a Package bears the meaning given in the Package Travel and Linked Travel Arrangements Regulations 2018.
    2. Your booking and contract are governed exclusively by English law and are subject to the jurisdiction of the courts of England and Wales.
    3. The booking conditions apply equally to you and to all persons named in your booking.
    4. Only we, the person who makes or pays for the booking and those individuals whose names appear in the booking and who will be using the services shall have any rights to enforce any of these booking conditions.
    5. Only we or the person who makes the booking or payment may cancel or change it or any part of it and the consent of any other person whose names appear on the booking is not required for any such change or cancellation (subject to the terms below which deal with cancellations or amendments to the arrangements).
  2. PACKAGE BONDING ARRANGEMENT & FINANCIAL PROTECTION
    1. We provide financial security for flight-inclusive packages and ATOL protected flights by way of  our Air Travel Organiser’s Licence number 6634, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.
    2. 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 and European Economic Area (EEA).
    3. 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).
    4. 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.
    5. We are a company committed to customer satisfaction and consumer financial protection. For our package holidays which don’t include flights we are therefore pleased to announce that, at no extra cost to you, and in accordance with ” The Package Travel and Linked Travel Arrangements Regulations 2018” all passengers booking with SmoothRed Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of SmoothRed Limited. This insurance has been arranged by The Travel Vault in conjunction with Towergate Travel through Zurich Insurance PLC.
    6. Claims: In the unlikely event of Insolvency, you must Inform Towergate Travel immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk . Please ensure you retain the booking confirmation as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place..
  3. BOOKING YOUR HOLIDAY
    1. You can book your Package either by telephone call or via email to us.  Upon receipt of your booking request we will require a deposit of 25% or 30% of the total cost of the holiday unless you book 8 weeks or less before departure, in which case the full payment will be required. We will notify you before booking of the relevant deposit required.  When we receive the deposit from you we will send you a booking confirmation invoice. 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.  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 can not 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).  
    2. The full balance of the holiday price is due no later than 8 weeks before your departure date. If you fail to make payment before the due date, we reserve the right to cancel the booking in its entirety and any deposit paid will not be refunded and you will be liable for cancellation charges set out in condition 8.4.
    3. Where you wish to make any changes to a confirmed booking, the provisions of 7.1 below shall apply. In such circumstances, the original balance will remain due on the original balance due date and we will produce a further invoice which sets out any additional charges or refunds due. Separate payment terms will be stated on that invoice and will apply in respect of such additional charges or refunds.
    4. Gift vouchers and packages with dates to be confirmed are valid for one year from the date of invoice.
  4. ACCURACY

    We endeavour to ensure that all the information and prices both on our website and in our brochures  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.

  5. HOLIDAY PRICE & SURCHARGES
    1. Our prices are subject to availability of hotels, car / coach / local transfers / chauffeur – hire, flights, ferry, Eurostar, Eurotunnel at time of booking.
    2. We reserve the right to change any of the prices, services or other details contained on our websites, brochures and other marketing literature, at any time before we enter into a contract with you and to correct errors in the prices of confirmed holidays.  The price of your chosen holiday will be confirmed at the time of booking, which you must check prior to signing the booking form.
    3. There will be no change made to the price of your confirmed holiday once booked except where we correct an error in accordance with 5.2 above.
  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. ALTERATIONS BY YOU
    1. If you wish to alter a confirmed booking, you should contact us as soon as possible and we will tell you if we can meet your requests.  All amendments are subject to availability, no amendments may be made within 3 days of departure and we will not always be able to comply with your request.  If we can make the changes you request then an administrative fee of £40 will be made (per booking) and in addition you must pay any extra 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:

    2. 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:
      1. that person is introduced by you and satisfies all the conditions applicable to the holiday;
      2. we are notified not less than 7 days before departure;
      3. you pay any outstanding balance payment, an amendment fee of [£50] per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
      4. the transferee agrees to these booking conditions and all other terms of the contract between us.

      Note: 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
    1. Any cancellation of a Package must be made in writing by the person who signed the original booking form.
    2. If you wish to cancel your airline ticket this will be dealt with in accordance with the relevant airline’s conditions of carriage and all relevant ticket conditions and fare notes.  Please note that some types of tickets may be non-refundable and non-changeable.
    3. 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.
    4. For full or part cancellation by you (other than cancellation of flights) the following charges apply: (the cancellation charge is expressed as a percentage of the total Package price):

      Deposit

      Non-Refundable at all times

      57 – 69 days before departure

      50%

      29 – 56 days before departure

      75%

      15 – 28 days before departure

      90%

      14 days or less

      100%

    5. Please note that amendments charges are not refundable in any circumstances.
    6. 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.
    7. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
    8. Charges for your cancellation are calculated from the date we receive written notification from you.

      Cancellation by You due to Unavoidable & Extraordinary Circumstances:

    9. 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 significantly 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 and Commonwealth 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, 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. This clause 8 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
    11. Changing your holiday due to Covid-19

      We will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

      1. If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.

        If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:

        • Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
        • If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 3.2
        • Cancelling your holiday, in which case our standard cancellation charges will apply as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance provider.

        If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.

      2. You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

        You are responsible for complying with any official guidance from governments or local authorities, both in the UK and whilst on your holiday. You.also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

  9. ALTERATIONS OR CANCELLATIONS BY US
    1. Every effort is made by us to book your holiday as originally planned and it is unlikely that the holiday should have to be altered or cancelled. Unfortunately as we plan your holiday arrangements many months in advance we may, however, occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. If we do have to make changes we will inform you as to the changes as soon as we reasonably can.

      Changes:

    2. If we make a minor change  to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor 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 the brochure may be subject to change.
    3. Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
      1. A change of accommodation area for the whole or a significant part of your time away.
      2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
      3. A change of outward departure time or overall length of your arrangements by more than 12 hours.
      4. A change of UK departure airport except between:
        1. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
        2. The South Coast airports: Southampton, Bournemouth and Exeter
        3. The South Western airports: Cardiff and Bristol
        4. The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
        5. The Northern airports: Liverpool, Manchester and Leeds Bradford
        6. The North Eastern airports: Newcastle and Teesside
        7. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
      5. A significant change to your itinerary, missing out one or more destination entirely.

      Cancellation:

    4. We will not cancel your travel arrangements less than [60 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.
    5. 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:
      1. (for significant changes) accepting the changed arrangements; or
      2. having a refund of all monies paid; or
      3. accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
      4. 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.   
    6. 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.
    7. Insurance

    8. If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.  
    9. Compensation

    10. In addition to a full refund of all monies paid by you, we will pay you compensation as detailed belowto be determined by us, in the following circumstances:
      1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
      2. If we cancel your booking and no alternative arrangements are available.

      Note: The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

      Period before departure within which notice of Cancellation or major change is notified to you

      Compensation payable per person booking*

      70 days or more

      Nil

      57 – 69 days prior to departure

      £10

      29 – 56 days prior to departure

      £20

      15 – 28 days prior to departure

      £30

      Less than 14 days prior to departure

      £40

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

      1. where we make an insignificant or minor change;
      2. where we make a significant change or cancel your arrangements more than [70 days] before departure;
      3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
      4. where we have to cancel your arrangements as a result of your failure to make full payment on time;
      5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
      6. where we are forced to cancel or change your arrangements due to Force Majeure (see clause 10).
    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.
  10. 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 “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s 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, labour strikes, 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.

    1. 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.
  11. YOUR
    1. It is a condition of booking that all party members carry travel insurance with sufficient liability, medical, personal accident and cancellation cover from the date of confirmation. If you fail to take out insurance or your insurance is not comprehensive with sufficient liability, medical, personal accident and cancellation cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available..
    2. If, in our reasonable opinion or the reasonable opinion of the provider of any part of your Package, you are behaving in a way which will cause or is likely to cause danger or distress or annoyance to others or damage to property, we may terminate your booking.  If this happens, we will not pay you anything and you will be responsible for your travel back to the UK. If we incur any expenses as a result of your behaviour you shall fully compensate us for that expense.
  12. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES
    1. 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.
    2. 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.
    3. 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.  
    4. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware
    5. 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,
    6. 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.
  13. 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.

  14. 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.

  15. FLIGHTS

    We use scheduled flights services, flight times are sometimes changed for reasons beyond our control. If flight times do change by 12 hours or less we will amend your itinerary accordingly, but such change does not entitle you to cancel or postpone your holiday. When flight times do change, the flight provider will be encouraged to provide suitable standards of welfare provision and communication of new information.

  16. COMPLAINTS AND CLAIMS
    1. We can usually rectify problems very quickly if notified of them.  If you have cause to complain during your Package please notify the local supplier (hotel, Transfer Company, golf course) immediately and notify us as soon as possible by contacting operations@smoothred.com or calling us on 020 8877 4945.  If the matter is not resolved please notify us in writing to our office as soon as possible and in any event no later than 42 days of your return home.  If you do not notify us and our suppliers we will be unaware of the problem and we will be unable to resolve your complaint and this may prejudice any claim you have for compensation from us.
    2. Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 24 for further details.
    3. You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.
  17. OUR LIABILITY TO YOU
    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 any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking 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:
      1. the acts and/or omissions of the person affected; or
      2. 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
      3. Force Majeure (as defined in clause 10).
    3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
      1. 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.
      2. Claims not falling under 17.3.1 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.
      3. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
        1. 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.
        2. 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.
        3. 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:
      1. 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
      2. 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 in our brochure. 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 at least 48 hours before the start of your holiday. 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.
  18. 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.

  19. 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.

  20. 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.  

  21. DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
    1. 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.
    2. 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.
    3. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 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).  
    4. The carrier(s), flight timings and types of aircraft shown in this brochure 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 tickets which will be despatched to you approximately two weeks before departure. You should check your tickets 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.
    5. 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.
    6. This brochure 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.
  22. 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.

  23. 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 10).

  24. ABTA

    We are a Member of ABTA, membership number Y6346. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

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