Cancellation By You Due to Unavoidable and Extraordinary Circumstances

You have the right to cancel your Holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your Holiday destination or its immediate vicinity and which signifcantly affects the performance of the Holiday or which signficantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to your destination.

Cancellation by Us

We can cancel your Holiday and any other holiday we operate. On rare occasions, we may need to cancel your Holiday if there is insufficient demand for your particular Holiday. If we have to cancel your Holiday for any particular reason, we will tell you as soon as is reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative holiday of equivalent or closely similar standard and price at no extra cost, or a less expensive holiday, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Holiday within 10 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen where we could not avoid the results of those circumstances even after taking all reasonable care (see ‘Circumstances Beyond Our Control’ above). No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We reserve the right to cancel your holiday if the outstanding balance is not paid within the due date (80 days before your travel date). If you fail to make payment of any sums when due then, without prejudice to our rights to cancel your booking and/or impose cancellation charges, we reserve the right to charge a further £2 administration fee for every reminder that we send to you requiring payment and, for the avoidance of doubt, this administration fee will be in addition to any other charges due us in accordance to the section “Cancellation by You”, for example if we agree to extend the due date for any payment due to us. Where we are constrained to cancel your Holiday by virtue of the number of persons enrolled for the Package being smaller than the minimum number stated in the booking, we will not cancel your Holiday any later than the number of days specified below from the date your Holiday is due to commence:

• - Trips lasting more than 6 days – no later than 20 days before departure..
• - Trips lasting between 2 and 6 days – no later than 7 days before departure.
• - Trips lasting less than 2 days – no less than 48 hours before departure.

Our Liability To You

1. Our obligations, and those of our suppliers providing any service or facility involved in any of your Holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our suppliers’, obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
2. For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Holiday not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs
3. pay you reasonable compensation. However, the maximum we will pay you in any circumstances is three times the price of the Holiday. This maximum will only be payable when every aspect of your Holiday has gone wrong and you have not received any benefit from your Holiday. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us. Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
4. For claims which involve death or personal injury as a result of an activity forming part of your Holiday (excluding Resort-booked Excursions, see section titled ‘Excursions’), we have liability subject to paragraph (1) above and (5) below. If we accept liability, we will, subject to paragraphs (vi), (vii) and (viii) below, pay you reasonable compensation.
5. We accept liability in accordance with paragraphs (1), (2) and (4) above and subject to paragraphs (6), (7) and (8) below except where the cause of the failure in your Holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our employees, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Holiday and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our employees, agents or suppliers could have foreseen or forestalled.
6. If any international convention applies to or governs any of the services or facilities included in your Holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your Holiday.
7. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below titled “If You Have A Complaint”. (8) Should you become ill while on Holiday, you must, in addition to reporting your illness to our representative, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
8. If you or any member of your party suffers during your Holiday any difficulty through misadventure as a result of any activity which does not form part of your contracted Holiday arrangements, we will offer you prompt assistance without undue delay. Such assistance may include providing appropriate information on health services local authority and Consular services and assisting you in making communications and helping you to find alternative travel arrangements. If the difficulty is caused intentionally by you or as a result of your negligence, we may charge a reasonable fee for that assistance which will not exceed the actual cost incurred by us. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £ 1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
9. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Holiday. Nothing in these terms and conditions shall affect any statutory rights that you may have as a consumer in the jurisdiction applicable to the contract between us.
10. In accordance with Directive (EU) 2015/2302, where it is impossible for you to return to your departure point on the agreed return date due to “unavoidable and extraordinary circumstances” we shall provide you with the necessary accommodation for a period not exceeding 3 nights per person. Where possible, this accommodation shall be of comparable standard to the accommodation booked by you under the Package. For the purposes of this clause, examples of “unavoidable and extraordinary circumstances” include warfare, acts of terrorism, significant risk to human health such as the oubreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to that destination.
11. The limitation of cost for 3 nights accommodation referred to above does not apply to persons with reduced mobility as defined by Article 2 of Regulation (EC) 1107/2006 and does not apply to persons of reduced mobility when travelling by air and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that you have notified us of their needs at least 48 hours prior to departure.

Circumstances Beyond Our Control

Except for when stated differently in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Holiday after booking, or we, or our suppliers, cannot supply your Holiday, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, threat of war, airport closures, epidemic, natural or nuclear disaster, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened), change to Foreign Office advice to advise against travel to destination and significant building work ongoing outside of your accommodation (such as resort development).

Flight Delays

Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements for this will normally be the responsibility of the airline. For more information on flight delays see the section titled ‘Our Liability to You’. If you have purchased our recommended travel insurance, or a comparable policy, you should be covered for long delays.

Conditions of Carriage and Important Notices

When you travel by air or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention or Athens convention. You agree that the transport company’s own Conditions of Carriage will apply to you on that journey. When arranging this 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 these terms and conditions form part of your contract with us as well as the transport company. You can ask us to provide you with a copy of any of the conditions applicable to your journey. These may limit or exclude liability, especially in respect of lost or delayed baggage.

Air Carriers are required to provide you a notice pursuant Article 6(1) of EC regulation no 889/2002. The notice is below and it complies with EC Regulation (EC) no.889/2002. Approximate conversions from Special Drawing Rights (SDRs) to other currencies are provided as a guide only and will be subject to fluctuation. Please note that EC Regulation 889/2002 provides that this summary cannot be used as a basis for a claim for compensation, or as a basis to interpret the provisions of that Regulation or the Montreal Convention.

Air Carrier Liability for Passengers and Their Baggage

This information notice summarises the liability rules applied by air carriers as required by Community legislation and the Montreal Convention in relation to carriage to, from or within the Community.

Compensation in the Case of Death or Injury

There are no financial limits to our liability for passenger injury or death. For damages up to 113 100 SDRs (approximately EUR127 000 Euros/ £106 000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance Payments

If a passenger is killed or injured, the air carrier must make an advance payment to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment will be not less than 16 000 SDRs (approximately EUR18 000/ £15 000).

Passenger Delays

In the case of passenger delay, the air carrier is liable for damage unless it took all necessary measures to avoid the damage or it was impossible to take such measures. Where the Montreal Convention applies, the liability for passenger delay is be limited to 4 694 SDRs (approximately EUR5 000/ £4 000).

Baggage delays

In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 131 SDRs (approximately EUR1 200/ £1 000).

Destruction, Loss, Damage or Delay To Baggage

The air carrier’s liability for loss or damage to baggage, including damage caused by delay, is limited to 1 131 SDRs (approximately EUR1 200/ £1 000), unless the passenger proves that the damage resulted from an act or omission by the carrier or its agents, done with intent to cause damages or recklessly with knowledge that damage would probably result. The air carrier shall not be liable for damages caused by baggage delay if it proves that it took all reasonable measures to avoid the damages or it was impossible for it to take such measures. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on Baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

Liability of Contracting and Actual Carriers

If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket for a particular flight that air carrier is the contracting air carrier for that flight.

Time Limit for Action

Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft or from the date on which the aircraft ought to have arrived.

Basis for the Information

The basis for the rules described above is the Montreal Convention of 29 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No. 889/2002 and national legislation of the Members States. For claims made in jurisdictions where these provisions are not in force, the Warsaw convention of 1929 (and any amendments to it that may be applicable) may apply and may limit the liability of air carriers for death or personal injury and in respect of loss of or damage to baggage. Neither we nor any third partly providing transportation shall be responsible for medicines, valuables such as camera, cash, jewellery etc., packed in checked-in baggage. Certain airlines offer a special insurance for objects that are especially liable to be stolen. In such cases, a special declaration should be made directly to the airline at the time of checkin. We will refer you to the document entitled “Conditions of Contract and other important notices”

Your Responsibilities

We want all our customers to have an enjoyable, carefree holiday. But you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe:

• your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or
• you are unfit to travel;

we may end your Holiday and terminate your contract. You and your travelling party will be prevented from using your booked accommodation, flight, other transportation and any other travel arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay. Alternatively at our discretion, you may be permitted to continue with your Holiday but may have additional terms of carriage imposed upon you. In addition to the above and the effect your actions may have on others, you must particularly also bear in mind that you are responsible for your safety, and that you are responsible for the condition of the property you occupy.

We are not responsible for any accidents which occur in or around swimming pools due to your inappropriate or irresponsible behaviour, or for any accidents which occur anywhere on properties because of glass, china or the like which you have broken and/ or have left in a way in which injury can result.

We expect that you will enjoy your Holiday with us. We appreciate that you may drink alcohol as part of your enjoyment. You must, however, do so responsibly and we will have no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol.

We will hold you and the members of your travelling party jointly and individually liable for any damage to the accommodation, furniture, apparatus or other materials located within the accommodation, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately. If your behaviour or the behaviour of any members of your travelling party causes any aircraft or other form of transportation to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. We cannot accept liability for the behaviour of others in your accommodation, flight or other transportation, or for any facilities/services withdrawn as a result of their action.

Passport, Visa, Documentation, Immigration and Health Requirements

The passport and visa requirements of yourself and your party, together with any other immigration requirements, are your responsibility and you should check these with the relevant embassies and/or consulates prior to travel. We do not accept any responsibility if you cannot travel if you have not complied with the relevant requirements in force prior to and at the time of travel.

It is also your responsibility to check all compulsory and recommended health requirements, including vaccinations, prior to travel and to ensure that you are in receipt of all and any necessary vaccination certificates and other health documentation. The costs of obtaining any such documentation are your responsibility and we are unable to accept any responsibility or liability if your travel arrangements are affected as a result of the failure to do so by yourself or any member of your party.

Information on foreign travel is provided and regularly updated by the Foreign and Commonwealth Office. Details can be found at www.gov.uk/foreign-travel-advice and www.gov.uk/knowbeforeyougo.

If You Have A Complaint

We aim to provide the best holiday possible. However, if you are not satisfied. please complain as soon as possible to the relevant person (for example, the accommodation management or transport supplier). If they cannot help, you must tell your Holiday Representative or our Local Agent and we will do everything reasonably possible to sort the problem out. If you are still not satisfied, ask your Holiday Representative for a Customer Relations Report Form. If you do not have the services of a Representative, or they are not available, you must contact our UK Duty Office (on the number shown on your travel documentation) straight away.

When you get back home, send a letter (and where possible, enclose your completed Customer Relations Report Form) to our offices in the UK within 28 days of returning home. If you have special needs that prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. For complaints arising from sheduled airlines, we will act as a liaison between you and the airline to try to assist in resolving the problem. If we cannot help and you wish to take matters further, you must contact the airline directly.