The following Booking Conditions form the basis of your contract with World Odyssey Limited which is registered in England and Wales under Company No. 3713724 and whose registered office is at Becket House, 36 Old Jewry, London EC2R 8DD. In these Booking Conditions ‘we’, ‘us’ and ‘our’ means World Odyssey Limited. Unless stated otherwise ‘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 stage. All references to holidays are to the arrangements which we have agreed to make, provide or perform (as applicable) as part of our contract with you.
1) The contract
We hold an Air Travel Organiser’s Licence issued by the CAA (ATOL No. 5345) and are a member of ABTA (No. Y5011). You agree that the person who makes the booking has the authority to do so on behalf of all persons named on it on the basis of these booking conditions. A contract between us comes into existence when we, or your travel agent, verbally or electronically confirm your booking or we issue your Confirmation Invoice, in all cases once the applicable payment has been received. You must check all documents we send you carefully as soon as you receive them and advise us immediately if anything appears to be inaccurate or incomplete. We cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 14 days of us sending it out (or in the case of travel documents/tickets, 5 days). We both agree that English law will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below. We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question – see clause 7) or 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 claim governed by the law of Scotland/Northern Ireland, as applicable (but if you do not so choose, English law will apply).
2) Booking your holiday
a) In order to secure your holiday you should fill in our Booking Form in full and then send it to us with a deposit equivalent to 20% of the total holiday cost. Certain holidays may be subject to a higher deposit in which case you will be notified at the time of booking. If you are booking within 8 weeks of departure then full payment is required at the time of booking. Subject to availability we will confirm acceptance of your booking in writing by issuing a Confirmation Invoice and accompanying letter. At this stage a binding contract comes into existence between you and us. You and we will then be bound by the Booking Conditions set out here. If for any reason we do not accept your booking, any payment you have made to us will be refunded.
b) The deposit acts as part payment towards the total holiday cost and the balance must be paid by the date stated on the invoice. If the balance has not been paid by the specified date then we reserve the right to treat the holiday as cancelled by you and apply cancellation charges as set out in Section 3b).
c) If you have any special requests then these should be set out on the Booking Form or made in writing as soon as possible. We will attempt to arrange all reasonable special requests but cannot guarantee that any will be and we will not be held liable if any special request is not met. 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 in writing, all special requests are subject to availability. Any special requirement which we have accepted will be specifically confirmed as accepted on your Confirmation Invoice. Please also see clause 3.
d) All correspondence will be sent to the address on the Booking Form unless you specify otherwise. If you request that correspondence be sent to a business address then a residential address will also be required by us for emergency and security reasons. We may also communicate with you by e-mail where you have agreed to our doing so and have provided us with an e-mail address for this purpose. In this case, please ensure you check your e-mails on a regular basis.
3) Medical conditions, disabilities and reduced mobility
Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability. If you suffer from reduced mobility or have any other medical condition or disability which may affect your holiday or any special requirements as a result of reduced mobility or any medical condition or disability, please tell us before you make your booking so that we can provide you with precise information as to the suitability of the arrangements taking into account your particular needs. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduction in your mobility which may affect your holiday develops after your booking has been confirmed.
4) Amendments and cancellation by you
a) Alterations by you
Should you wish to make any amendment to your booking then this should be requested in writing by the person who made the booking no later than 21 days before the date of departure. An amendment fee of £30.00 per person on each occasion an amendment is made will be payable to cover administration costs. Should we incur further communication charges or other expenses as a result of the amendment request then you will be liable for these as well. We will make every effort to ensure that the booking is changed as requested, however the above charges will be applicable whether or not we are able to make the amendment. If an amendment can be made you will also be responsible for all costs and charges incurred or imposed by any of our suppliers. Please note that airlines treat any amendments made after tickets have been issued (or sometimes earlier depending on the ticket type) as a cancellation of the original booking which results in 100% cancellation charges and the need to have to pay for the flight again.
b) Cancellations by you
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to below. If you or any member of your party wish to cancel your holiday, the person who made the booking must write to us at 32 Sansome Walk, Worcester WR1 1NA or e-mail firstname.lastname@example.org. Cancellations are effective from the day they are received by us in writing and therefore recorded delivery is strongly recommended. The following cancellation charges will be payable:
Period before departure that written Cancellation charge shown as percentage of
cancellation notification was received total holiday price (per person) *
Up to 57 days prior Loss of deposit only
56-40 days prior 40%
39-25 days prior 60%
24-15 days prior 80%**
14 days to date of departure date or after 100%
*Total holiday price excludes any amendment charges which are not refundable in the event of your cancellation.
**Where a holiday is cancelled between 24 and 15 days prior to departure, the applicable cancellation charge may be higher than 80% where the cancelled arrangements are subject to 100% supplier cancellation charges.
Depending on the reason for cancellation you may be able to reclaim the above cancellation charges (less any applicable excess) from your insurance company under the terms of your travel insurance policy. You must pay the charges first.
c) You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges provided the person to whom you are making the transfer satisfies all conditions which form part of your contract with us. Requests for a transfer must be made in writing at least 7 days prior to departure and must be accompanied by the name and other applicable details of the replacement person. 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 £30 per person (as referred to above), must be paid before the transfer can be implemented. As most airlines do not permit name changes for any reason, these charges are likely to include a 100% cancellation charge in respect of the originally flight(s) together with the full cost of the new flight(s) (at the then applicable price) where your holiday includes flights.
5) Amendments and cancellation by us
a) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 5. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in clause 3 Where we have to do so, clauses 5d) and 5e) will apply.
b) All alterations which are not significant in accordance with clause 5a) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport or accommodation to that of a similar standard and with similar facilities will also all be treated as insignificant changes.
c) All group trips require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such trip where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before departure.
d) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
e) If you choose to cancel your booking in accordance with clause 5d), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 6).
f) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 9) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group trip has not been achieved and we notify you of cancellation for this reason as referred to in clause 5c). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you alternative holiday where possible which you may choose to book in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 4 will apply.
g) In the event that unavoidable and extraordinary circumstances (see clause 9) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges. We will notify you as soon as practicable in the event of this situation occurring.
6) World Odyssey – Price policy
a) We reserve the right to change and correct errors in the prices of unsold holiday arrangements at any time prior to confirmation of your holiday. The price of your holiday will be confirmed at the time of booking.
b) Once a confirmation invoice has been issued, the price of your holiday will only change in certain limited circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the tour including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the holiday (see below). Subject to the paragraph 6c) below, you will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.
c) Please note, we normally purchase foreign exchange in advance so that we can be confident the confirmed cost of your holiday will not change as a result of fluctuations in currency exchange rates. Accordingly, we do not reserve the right to increase the confirmed cost of your holiday and impose a surcharge where (and to the extent) we have purchased the currency required to pay for your contracted services in advance of confirming your holiday. We only reserve this right where or to the extent we have been unable to do so and there is an adverse change between the exchange rate(s) used to cost your holiday and the rate paid after booking to purchase the required currency. This being the case, you will only be entitled to a refund in the event our costs decrease as a result of a change in the applicable post confirmation exchange rate(s) where relevant.
d) We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 8% of the total holiday cost, clause 5 will apply on the basis the surcharge is a significant change.
e) You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.
f) Please note that holiday 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.
g) You may choose to pay the full cost of your holiday at the time of booking, in which case your holiday price will be fixed at the price quoted by us at that time. If we receive full payment for the cost of your holiday within 10 days of the date of the Confirmation Invoice being sent to you, you will qualify for this protection.
7) Complaints procedure
If you are unhappy with any aspect of our arrangements while you are on holiday, you must immediately advise our local agent of your complaint and the management of the hotel or other supplier whose services are involved. If they are not able to quickly resolve the issue to your satisfaction, you must contact us in the UK during your holiday using the contact number provided for this purpose and we will do our best to assist. Should the problem fail to be resolved locally and you wish to pursue the matter, then you should do so in writing with full details to us within 28 days of your return from the holiday. If you fail to follow this simple procedure, we are unlikely to be in a position to investigate the matter fully and if appropriate rectify the problem. Subject to clause 8e), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
We are a member of ABTA and 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 this contract. The scheme is arranged by ABTA and administered independently. 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 does not 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 that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
8) Our responsibilities
a) The accommodation, transport and other services we arrange on your behalf belong to and are operated and managed by independent suppliers. However we take all reasonable steps to ensure that those involved with the provision of your holiday maintain the appropriate standards. In addition, subject to these Booking Conditions, we accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove to be 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 holiday 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).
b) We will not be responsible for any injury, illness, death, loss, damage, expense, (for example, loss of enjoyment or loss of possessions), cost or other sum or claim of any nature or description whatsoever which results from any of the following:
(i) the act(s) and/or omission(s) of the person(s) affected; or
(ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
(iii) unavoidable and extraordinary circumstances as defined in clause 9 below.
c) 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 a hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase locally. In addition, regardless of any wording used by us on our website, in any advertising material 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.
d) 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 applicable standards 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 the applicable local laws and standards, 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 standards 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 tour participant to refuse to take the tour in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 8a). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
e) Except as set out in clause 8g) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (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 8g) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
f) We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (i) 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 your contract with us was breached or (ii) did not result from any breach of contract or other fault by us or our employees or, where we are responsible for them, our suppliers or sub-contractors or (iii) relate to any business (including without limitation, loss of self-employed loss of earnings).
g) Where any claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea/cruise or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 8g). The most we will have to pay you for that 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 EU 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 EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 Protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or EU regulation), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will 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 EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
9) Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability where the performance or prompt performance of our contractual obligations is prevented or affected or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these Booking Conditions, unavoidable and extraordinary circumstances a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. . Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity and its consequences, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics and unavoidable technical problems with transport. They also include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination relevant to your holiday arrangements.
10) Your responsibilities
a) Passport, visa and health requirements are always subject to change and it is your responsibility to check all the current requirements in good time prior to your departure and also ensure that you have obtained all the necessary documentation and take it with you on holiday. We will not be liable for any failure on your part in this respect and you will be liable for any costs incurred by reason of such failure.
b) The times shown on all air tickets are local times and check in for both outbound and return flights is at least 2 hours prior to the departure time on the flight documents. Air travel throughout the world and especially in the more remote places of the world is subject to change. We advise you that it is your responsibility to be meticulous in reconfirming flights locally with the carrier operating the flight. We accept no liability for the consequences of flights missed by you arriving late for check in or owing to your failure to reconfirm. No credit or refunds will be given if you fail to take up any component of your holiday.
c) All baggage, travel documents and personal effects are at all times your responsibility and we do not accept liability for any loss, damage or destruction of such items except where liability arises in accordance with clause 8.
d) It is your responsibility to behave in a manner that will in no way cause distress, damage, danger or disturbance to other clients, property and/or any third party. We will terminate the contract of any client who, in our reasonable opinion or that of any person in authority (such as a hotel manager or aircraft captain), is in breach of this clause. In this situation, neither we nor any of our suppliers or agents will be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. Indeed you shall be liable for any expenses or costs incurred by us as a result of your behaviour. Where any contract is terminated as set out above we will have no further responsibilities towards the person(s) concerned including any return travel arrangements.
11) Airlines & other suppliers
a) As between you and the independent suppliers of the transport, accommodation and other components making up the holiday, the conditions of the supplier will apply. 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, usually in accordance with applicable international conventions or EU regulations (see clause 8(g)). Copies of the relevant parts of these terms and conditions and of the international conventions or EU regulations are available on request from ourselves or the supplier concerned.
b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, failure of passengers to check in on time and in the case of flights to air traffic control restrictions and air space congestion. As a result the times of flights and other forms of transport provided are for guidance only and cannot be guaranteed.
c) In accordance with EU Directive (EC) No 2111/2005, 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 Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en . 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.
d) 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 and types of aircraft (if shown) provided at the time of booking and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your travel documents, which will be sent to you in good time before departure (depending on your date of booking). You must accordingly check your travel documents very carefully as soon as you have access to them to ensure you have the correct flight times. It is possible that flight times may be changed even after travel documents have been sent. 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 will not entitle you to cancel or change to other arrangements without paying our normal charges, except where specified in these Booking Conditions. 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 5 will apply. Certain activities carry inherent risks and should you participate in such activities, you may be asked by our local suppliers or agents to sign an additional indemnity/disclaimer of liability form.
If you book an excursion or activities locally then you contract with the local supplier providing that service subject to the supplier’s terms and conditions and local law. We have no liability whatsoever with regard to the performance of that excursion or activities or for any claim that may arise as a result which will be the responsibility of the supplier.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004. Similar rights apply in respect of delayed and cancelled ferry and cruise departures within the EU under EC Regulation 1177/2010 – the Passenger Rights Regulations 2010. Where applicable, you must pursue the carrier 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 the Denied Boarding Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding, as applicable. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel the transport arrangements concerned does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with those transport arrangements. 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. The same position applies in respect of any ferry or cruise delay or cancellation. If, for any reason, we make any payment to you or a third party which the airline, ferry or cruise operator is responsible for in accordance with the Denied Boarding Regulations or Passenger Rights Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline, ferry or cruise operator. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints service. See www.caa.co.uk/Passengers/Resolving-travel-problems for further details.
14) Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
15) Safety standards
Please note it is the requirements and standards of the country in which any services that make up your holiday are provided which apply to the services and not those of the UK. As a general rule, these requirements and standards will not be the same as in the UK and may often be lower.
16) Brochure Accuracy
Please note that the information and prices shown in any of our publications or on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of this information and prices at the time of printing or publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
17) Financial Protection
We provide full financial protection for our package holidays.
a) Flight inclusive holidays are financially protected by our Air Travel Organiser’s Licence (ATOL number 5345). When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can obtain information on what this means for you and who to contact if things go wrong. 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 under your contract to that alternative ATOL holder. However you also agree that in some case it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350, e-mail email@example.com www.caa.co.uk
b) We are also a member of ABTA (ABTA number Y5011). If your package holiday does not include flights, ABTA will financially protect it by ensuring you receive a refund or, if already abroad, you are returned to the point where your contracted arrangements with us commenced in the event that your holiday is not provided as a result of our insolvency. Please go to www.abta.com for more information on the financial protection provided by ABTA. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, financial protection, the Code of Conduct and the arbitration scheme available to you if you have a complaint (see Clause 12), contact ABTA, 30 Park Street, London SE1 9EQ tel 020 7637 2444 or www.abta.com.
c) When you book a flight inclusive holiday through an authorised travel agent of ours, all monies you pay to that agent for the holiday arrangements booked with us are held by the agent on behalf and for the benefit of the Trustees of the Air Travel Trust subject to the agent’s obligation to pay those monies to us in accordance with our trading terms unless we fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by the agent, will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you book a holiday through an authorised travel agent of ours which does not include any flight(s), all monies you pay to the travel agent are held by the agent on our behalf until paid to us.
d) Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these Booking Conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
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