Terms & Conditions
Booking Terms and Conditions
These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, apply to your booking with The Holiday and Flight Centre Ltd of 38/40 Quarry Street, Hamilton, ML3 7AR, Scotland (we” or “us”). 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. If you have any further questions after reading these booking conditions then please contact our customer services team who will be happy to help you.
SECTION A – APPLICABLE TO ALL BOOKINGS
Booking
By making a booking, you agree on behalf of all persons detailed on the booking that you have read these terms and conditions and agree to be bound by them; you consent to our use of information in accordance with our Privacy Policy and that you are over 18 years of age.
A booking will only be made where it has been confirmed to you by a member of our staff, or if you are booking online you receive a booking confirmation via e-mail. We can accept no liability if sometimes a holiday is sold out by the time we receive your enquiry or booking instructions.
When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the confirmation receipt (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 immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details may incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.
Payment
You will be required to pay the relevant deposit of the tour operator you are booking with or make full payment if your booking is made within 14 weeks of departure at the time of booking. Where you only pay 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 who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Where you have booked a package, you will be subject to our cancellation charges. See section C below.
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 but we do not guarantee that they will be met and we will have no liability to you if they are not.
Insurance
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the supplier. 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 and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom. All properties comply with applicable health and safety regulations. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
Room Allocation
After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that local taxes and expenses will be payable to your accommodation supplier in resort on check-out.
Building Work
Many accommodation establishments and resorts are continuing to develop, sometimes rapidly and intensively, often with little or no advance warning. Whilst we have no control over such work, when acting as a responsible tour operator/travel agent, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at these establishments is necessary to maintain standards but if we are informed of such work, we will endeavour to notify you of any activity as soon as possible, however near your departure this may be.
Elderly/Disabled Clients
We are able to make enquiries to the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests in advance before a booking is confirmed.
Behaviour
Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
Delivery of Documents
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below.
Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or health requirements. Most countries now require passports to be valid for at least 6 months after your return date.
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details.
We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk
Complaints
Where we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent 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.
If you wish to complain when you return home, please address your complaint to the supplier(you will see the name and address plus contact details in the holiday documents which we send you) but if you send it to us at our offices; we will then ensure that your complaint is passed on to the supplier so that they can deal with it appropriately. We will of course assist you with this if you wish – please contact our office. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are below.
Where you have booked a package holiday with us, please inform the relevant supplier (e.g. your hotelier/holiday rep) immediately and contact us on the numbers listed in the holiday documents that we provide you. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our offices giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
ABTA
We are a member of ABTA, membership number K3031. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday.
Financial Protection
When we are acting as an agent, many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking. If you receive an ATOL Certificate then you will have ATOL protection. Where necessary, we will add supplier failure insurance to your booking automatically in order to protect you.
In relation to package holidays sold by us, the Package Travel Regulations require us to provide security for the monies that you pay and for repatriation in the event of our insolvency. We provide this security by way of an ATOL (6675) administered by the Civil Aviation Authority. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Any money paid to us in respect of a booking including flights is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the supplier of your arrangements for so long as that supplier does not fail financially. If that supplier does fail financially, any money we hold at that time or subsequently accept from you is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the applicable supplier.
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 of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
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.
Data Protection and Privacy
Please see our data protection and privacy policy for full information regarding the way in which we use and store your personal data.
Law and Jurisdiction
These terms of business are governed by Scottish law and the parties agree to submit to the exclusive jurisdiction of the courts of Scotland.
SECTION B: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent.
Your contract
When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline or other supplier) named on your receipt. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
Payment
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 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 concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
Our responsibility for your booking
Your contract is with the supplier 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 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.
SECTION C: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser.
Definition of Package:
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
Pricing
When you book travel arrangements with us, you must pay a minimum deposit of £200 per person unless your booking is made within 14 weeks of departure, whereby the full price of the travel arrangements will be payable at the time of booking.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (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 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. 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, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. 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.
If you Cancel
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 or by email. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).
Period before departure within which notice of Cancellation is received by us Amount of cancellation charge (excluding ‘late bookings’) Amount of cancellation charge where the booking is made within 14 weeks of departure (late booking)
98+ days Loss of deposit/cost of flights & accommodation
98-64 days 30% 100%
63-50 days 50% 100%
49-29 days 70% 100%
28-11 days 90% 100%
10 days or less 100% 100%
Please note that certain arrangements, particularly flights, 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 charges from any monies you have already paid to us.
If We Change or Cancel Your Package Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 98 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance.
”Examples of “major 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.
Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.
If we have to make a major 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 major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer, or if your departure is imminent within a time frame that we reasonably prescribe. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 98 days before departure, we will also pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY IF WE CANCEL YOUR HOLIDAY
Period before departure within which notice of Cancellation or major change is received by us or notified to you Amount of compensation you will receive from us Amount you will receive from us
More than 98 days Nil Full holiday cost.
From 98 to 71 days £10 Full holiday cost plus £10
From 70 to 42 days £20 Full holiday cost plus £20
From 41 to 8 days £30 Full holiday cost plus £30
Less than 7 days £40 Full holiday cost plus £40
We will not pay you compensation where we make a major change or cancel more than 98 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
Our Responsibilities to you in respect of Package Holidays
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example 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), we will pay you reasonable compensation. 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:-
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) 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
(iii) 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
(iv) 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:
(i) for 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 assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) 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 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.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel, 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 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.
4) 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. 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.
5) 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. 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 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.
7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. 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) We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
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.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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.