Terms and conditions
These booking conditions set out the terms on which you contract with Move Mountains Limited, trading as Move Mountains (“We”, “us” or “our”) company number 8083697, registered in England and Wales. Please read them carefully as they describe our and your rights and obligations.
In these Booking Conditions, “you” and “your” means all persons named on the booking, or any of them as applicable (including anyone who is added or substituted at a later date).
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “booking”, “contract”, “holiday” or “arrangements” mean such holiday arrangements unless otherwise stated, “accommodation” means the hotel, apartment, chalet/villa or other place of stay which you have booked as part of your holiday and “departure” means the start date of the arrangements you have booked with us.
1. Making a Booking
Call us to discuss your holiday plans and to make a reservation. We will provide as much information and advice as possible regarding your plans and will then prepare a quotation for you. This will give a guide price and simple framework for your holiday. A full itinerary will be provided when we confirm your holiday.
Once you have decided to book your holiday, please read the Important information on your quotation and our Booking Conditions (can be viewed on our website). The party leader must give all of the information requested for each party member. Full passport details are essential as we need these to confirm all air tickets (if applicable). The requirement information must be returned to Move Mountains by post or email, together with all applicable payments. The party leader is responsible for making all payments due to us and must be at least 18 when the booking is made. We will inform you of the deposit required to secure the holiday.
2. Payment of Deposit
Usually, a deposit of 30% of the total cost of the booking is payable when you book. Payment can be made by bank transfer or debit card. Credit cards will only be accepted at our discretion as we are no longer able to pass on the credit card company charges to our clients.
In some cases, the deposit required could be higher. Full or part payment for certain services such as flights may also be required at the time of booking. Details will be given at time of enquiry.
Please note, all payments made at the time of booking are non-refundable except where otherwise specifically stated in these booking conditions. Once we have received the information we require and all appropriate payments, we will, subject to availability, confirm your arrangements by issuing a confirmation invoice detailing all aspects of your holiday. All bookings are subject to our booking conditions. By asking us to confirm your booking, the part leader is taken to have accepted these booking conditions on behalf of all persons named on the booking.
Once your confirmation invoice has been issued you will not be able to make any changes without potentially incurring additional charges.
3. Payment of Balance
The final balance will be due 60 days before the date your arrangements are due to commence. Where applicable, a final invoice may be issued before then showing any surcharge which has become payable – see clause 6 “The Price You Pay”. The price of your holiday as shown on your final invoice will not increase. If the booking is made within 8 weeks of the date your arrangements are due to commence, the full cost of the holiday must be paid at the time of the booking. For some holidays or elements of holidays, full payment must be received earlier than 60 days in advance. We will advise you at the time of booking where this is the case.
Payment can be made by way of bank transfer (details on quotations and invoice) or debit card. Credit cards will only be accepted at our discretion as we are no longer able to pass on the credit card company charges to our clients.
If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all payments made or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 9 depending on the date we reasonably treat your booking as cancelled.
4. Your contract and jurisdiction
A binding contract between us comes into existence when we dispatch our confirmation invoice to you. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us and cannot be dealt with in an amicable way must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
All prices published in our marketing material and our website are for guidance only. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
6. The Price You Pay
We reserve the right to increase/decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed on your confirmation invoice, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances.
Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 8 “Changes and Cancellations by Us”.
Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 8 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of your arrangements.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
We promise not to levy a surcharge after your balance due date 60 days prior to departure. No refund will be payable if any decrease in our costs occurs during this period either.
7. Special Requests and Disabilities/Medical Problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. If you have any medical problem or disability which may affect your arrangements or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of your chosen arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical problem or disability develops after your booking has been confirmed which may affect your arrangements.
8. Changes and Cancellations by Us
We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to, and correct errors in, brochure/ website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
However, we promise we will only cancel your confirmed booking 60 days or less before the date your arrangements are due to commence where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure” as defined in clause 10 below.
Most changes will be minor. Occasionally we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes include a change of your departure or arrival airport to one that is significantly more inconvenient to you, a change in your destination locality, a change of accommodation to that of a lower standard or a change in your flight departure time by more than 12 hours.
A change of flight time of less than 12 hours, airline (except as specified in clause 15 (“Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.
If we have to make a significant change before the date your arrangements are due to commence we will inform you or your travel agent as soon as reasonably practical. If there is time to do so we will offer you the choice of:
a) accepting the changed arrangements, or
b) purchasing other arrangements from us, or
c) cancelling your arrangements and receiving a full refund of all monies you have paid to us.
Please note, the above options are not available where any change made is a minor one.
If we have to make a significant change or cancel less than 60 days before the date your arrangements are due to commence we will pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where 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.
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.
Period before departure a significant change or cancellation is notified to you
60-35 days £50 compensation per person
34-15 days £75 compensation per person
14-0 days £100 compensation per person
Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your arrangements after they have commenced but before their scheduled end. This is extremely unlikely but if this situation does occur, we will try to obtain refunds for any unused services from our suppliers. If we are successful we will pass these on to you after deducting our own costs in obtaining them. If we are not successful we regret we cannot give you any refund as this situation is totally outside of our control. We cannot pay you any compensation or be responsible for any costs or expenses incurred by you as a result.
9. Alterations and Cancellations by You
If you want to make any changes to your arrangements after they have been confirmed, an amendment charge of £50 per booking will apply together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Although we will endeavour to assist, we cannot guarantee to meet alteration requests.
Please note: Except where any member of your party is prevented from traveling (see below) alterations cannot be made less than 60 days before the date your arrangements are due to commence and any such request for an alteration will be treated as a cancellation of the original booking and be subject to the cancellation charges set out below.
If you need to cancel your arrangements, the person who made the booking must notify us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable.
Please note: for certain bookings the cancellation charges set out below will not be applicable. Instead, higher charges and/or a different timetable will apply. For example, for certain bookings, cancellations made six months in advance of departure will attract a cancellation charge of 100% of the total cost of your arrangements. All payments made or due at the time of booking or before balance due date (including full payment for certain services) will be treated as part of your deposit. The minimum cancellation fee is loss of your deposit. Except as otherwise notified, where written notice of cancellation is received by us after the applicable balance due date, the cancellation fee payable will be the deposit together with the specified percentage of the balance of the total holiday cost (after deduction of the deposit and any amendment charges) shown below. Amendment charges are non-refundable in the event of cancellation. Please check the cancellation charges applicable to your arrangements at the time of booking.
Period before departure: cancellation charge per person
60 days or more: deposit
42 days or more: 50%
28 days or more: 75%
Less than 28 days or no show: 100%
In any period, the greater of the deposit or percentage will apply.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation affects the basis on which the cost of your holiday was calculated (for example, where as a result only one person will occupy a double/twin room), we will recalculate the cost and re-invoice you accordingly.
If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 must be paid before the transfer can be affected.
For flight inclusive arrangements, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the original flight in addition to the cost of the new flight.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, “force majeure”. In these booking
conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. These may include, whether actual or threatened, war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions and all similar events outside our control.
It is a condition of booking that you are covered by adequate liability, medical and holiday cancellation insurance from when the contract between us comes into existence. When obtaining travel insurance you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that maybe considered high risk such as skiing, scuba diving, white water rafting, travel by light aircraft, paragliding, kite surfing, wind surfing, safaris, mountain trekking and so on. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that details of your insurer and policy number are provided to us for our records. We may need to refer to this if you are involved in an accident. If you are unable to provide us with insurance details at the time of booking you, and all of your party, must complete an insurance responsibility waiver form. It is your responsibility to ask for and complete this form. If insurance details are not provided and you do not complete this waiver then we reserve the right to refuse to accept your booking or cancel your holiday with loss of deposit if you fail to do so. Move Mountains will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
12. Our Liability
(1) We promise to make sure that the arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result
of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
• the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party, or
• the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable, or
• ‘force majeure’ as defined in clause 10 above.
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase during your holiday. Please also see clause 19 “Excursions & Activities.” In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the arrangements in question.
(5) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 12(6) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all claims which do not involve death or personal injury or luggage or personal possessions, if we are found liable to you on any basis, the maximum
amount we will have to pay you is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 12 (6) below or elsewhere in these booking conditions. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens Convention for international travel by sea or COTIF, the Convention on International Travel by Rail).
Please note: Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) We cannot accept any liability for any damage, loss, 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) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any losses or expenses which relate to any business (including self employed loss of earnings).
(8) You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 14 ‘Complaints’ below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred.
13. Your Responsibilities
(a) It is your responsibility to arrive at the correct departure point in good time before departure and any loss, damage or expense which you suffer through failure to do so lies with you. We cannot accept any liability if you miss your aircraft, train or ferry as a result of late check-in, check-in queues, delays in connecting transport or due to delays introduced by security procedures.
b) At all times, you must behave in a reasonable and responsible manner towards any other person you meet in the course of your travel arrangements. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
(c) You must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display valuables. Please also ensure that you are familiar with the layout of your hotel or other accommodation and in particular the location of fire exits, escape routes and alarms as soon as possible after arrival.
Children of all ages should be appropriately supervised at all times given local safety standards may be very different to those found in the UK, particularly in the vicinity of swimming pools and balconies which present inherent risks. Balconies may not be enclosed in a way which would prevent a child or adult falling from them. Swimming pools may not have regular or reliable depth markings and may contain unexpected and unmarked changes of depth. Swimming pool surrounds may be slippery when wet. You must personally familiarise yourself with the depth of the pool and any hazards it contains. The pool should be checked before every use and any apparent defects immediately reported. You must not enter any pool after drinking any alcohol, even a moderate amount, or when it is closed and must not dive into it except into any area which is specifically designated as suitable for diving and then only after you have personally checked the depth.
(d) You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.
In particular, we strongly recommend that you review the current travel advice to be found at http://www.gov.uk/foreign-travel-advice for the country or countries that you are visiting before booking and ensure that you remain up to date with this advice before travelling.
a) In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of our local representative (if available – see (b) below) and to the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If you fail to do so you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it.
b) If no representative or agent is available, or if they are unable to resolve the matter to your complete satisfaction, please telephone Move Mountains on +44 (0)1753 463 400. Any reasonable costs incurred in contacting us will be refunded.
(c) If we are unable to resolve matters whilst you are on holiday and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence.
Important note: If you fail to follow this complaints procedure, your right to claim any compensation may be affected or even lost as a result.
Note: The following clause only applies if your arrangements with us include a flight(s).
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm . We are also required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/the carrier are unable to offer you a suitable alternative, the provisions of clause 8 (Changes and Cancellation by Us) will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in this brochure, on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. The latest timings will be shown on your tickets which will be dispatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings and/or aircraft type (where advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
For security reasons, the USA, most European and many other countries now require airlines to provide information about their passengers before they fly. This is known as Advance Passenger Information or API and includes full names, dates of birth, gender and passport details of all passengers but other details may also be required. The airlines set their own deadlines for receipt of this information which may be well in advance of departure. If it is not provided when required, you may be refused boarding on your flight. In this situation, full cancellation charges will apply. Accordingly, you must provide us with all information we ask you for when we ask for it.
16. Flight Delays and Denied Boarding
Although your holiday arrangements will have been based on the services of international airlines and whilst these airlines are rarely subject to lengthy delays, there are occasions regrettably when delays do occur. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding.
This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel 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 have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations.If, for any reason, you feel that your airline does not comply with these rules, you should complain to the Air Transport Users’ Council on +44 (0)20 7240 6061 http://www.auc.org.uk.
17. Website & Marketing Material Accuracy
Every reasonable care has been taken to ensure that the descriptions, facts or opinions on our website and other marketing material are accurate. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change. Advertised facilities, services, schedules, and laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us (or your travel agent where applicable) at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.
18. Conditions of Suppliers
Most of the services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, often in accordance with applicable international conventions (see clause 12(6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
19. Excursions & Activities
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us.
They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 12(1) of our booking conditions will not apply to them. Where we or your accommodation supplier/manager make or take any booking for or from you in respect of any activity or excursion available outside your accommodation, we or the accommodation management/supplier, as applicable, do so solely as booking agent. This is the case regardless of whether the activity or excursion is advertised or mentioned in our marketing material, in resort, on our website or elsewhere. Your contract for any such activity or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we or the accommodation management/supplier are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned.
Where your accommodation supplier/management (e.g. your hotel) makes or takes a booking for or from you in respect of an activity, facility or service provided by the accommodation supplier/management but which is not advertised in our brochure or on our website and we have not taken any payment from you for this activity, facility or service, your contract for that activity, facility or service is directly with the hotel and not us. We have no liability for any such activity facility or service or for any act(s) or omission(s) of the accommodation supplier/management or for any of its/their employees or agents or any other person(s) connected with the activity service or facility. If however we are found liable in any respect for any such activity or excursion that liability is limited to the price you paid for the particular activity facility or excursion concerned.
Nothing in this clause 20 shall be construed as an attempt by us to exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
21. Passports, Visas, Health Requirements
Please see the separate Important Information document for more detailed information on the passport, visa and health requirements applicable to your holiday.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
22. Financial security
We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority under ATOL number 10652.
Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme but ATOL protection does not apply to all holiday and travel services listed on this website.
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. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk
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 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).
If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: http://www.atol.org.uk/ATOLCertificate
Please Note: The flight-inclusive holiday services we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at http://www.atol.org.uk.
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.
There is no requirement for Financial Protection of day trips, and none is provided.
23. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your arrangements are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
24. Personal information and privacy
Your personal information and that of your party is important to us. We will always treat it with the respect it deserves and will never pass it to any third parties, except those that need this information in the course of providing the holiday services you have booked. We may contact you from time to time with holiday information and offers that we think might be of interest. Should you wish to stop hearing from us, by email or by any other means, please email us at email@example.com detailing how you wish us to use and store your personal information.