Booking Terms & Conditions
These Booking Conditions form the basis of your agreement with Travelbag trading
as TravelbagAsia. They apply only 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 agreement with you. References in these Booking Conditions to “arrangements”
mean such holiday arrangements.
English Law will apply to our agreement and to any dispute or claim which arises
between us out of it. Any such dispute or claim must be dealt with by the Courts
of England and Wales.
Our obligations to you may vary depending upon whether what you book with us is
a package (as defined below), or a single component arrangement, and our differing
obligations are set out below, in three separate sections: Section A contains the
conditions which will apply to both packages and single component bookings, and
Section B those which will apply where you book a single component arrangement.
Section C contains the conditions which will apply when you book a package
A “package” exists if you book a pre-arranged combination
of at least two of the following components when sold or offered for sale at an
inclusive price and when the service covers a period of more than twenty-four hours
or includes overnight accommodation: (a) transport (b) accommodation (c) other tourist
services not ancillary to transport or accommodation and accounting for a significant
proportion of the package.
SECTION A - TERMS WHICH APPLY TO ALL BOOKINGS
1. MAKING YOUR BOOKING
When you make a booking you guarantee that you have the authority to accept and
do accept on behalf of all members of your party, the terms of these booking conditions.The
first named person on the booking will be the party leader and will be responsible
for making all payments due to us.
ONLINE BOOKINGS
By clicking to book holiday arrangements and entering your personal and payment
details on our website, you are making us an offer to purchase the arrangements
selected, if they are available. When we receive this offer, we will contact the
supplier of the arrangements concerned. Each supplier will require a short period
of time to check to see if your chosen arrangements are still available at the price
quoted. We will not take any payment from you at this stage.
When you make an offer to us to purchase the arrangements selected if available
and should the arrangements requested be available at the price quoted, a binding
agreement will come into existence between us. If the arrangements are available
but not at the price quoted, we will contact you by telephone or by email to give
you the option to purchase the arrangements at the revised price. We will contact
you via email and/or telephone to let you know that the arrangements have been booked
and we will then process the payments referred to in clause 2 below. A binding agreement
will come into existence between us when we allocate a booking reference number
to your booking and this is sent to you by email.
Please note that each booking is treated separately on our online booking system.
If larger groups want to be sure of sufficient availability for any flights / hotels
they should call our call centre. If two parts of the same group book online on
two separate bookings and the holiday availability expires between the two bookings
we regret therefore that we are unable to cancel the first booked holiday without
applying cancellation charges as levied upon us by the tour operators.
NON ONLINE BOOKINGS
Alternatively to make a booking you can call our call centre on 0871 811 1589 These
terms and conditions will apply. A binding agreement will come into existence between
us when we provide you with your booking reference number.
2. PAYMENT
Bookings made via this website must be paid for in full at the time of booking via
credit/debit card.
In the event that you book your holiday more than 12 weeks before departure and
do not want to pay in full please contact our reservation team on 0871 703 4697 where
payment of a deposit to book your holiday may be possible.
Please note there is a 2% credit card charge for credit card payments.
For flight only and/or accommodation only bookings all monies that you pay to us
for your arrangements will be held by us on your behalf until such time as they
are paid to the supplier. For financial protection for packages please refer to
paragraph 19 of these terms and conditions.
3. CHANGES OR ADDITIONS TO YOUR HOLIDAY
If you wish to change any part of your holiday arrangements after the booking reference
number has been issued, we will do our utmost to make that change, however, we would
like to advise you that it may not always be possible. Any request for changes must
be made in writing by the person who made the original booking. If it is possible
to make the change, it will be subject to an administration charge which will be
notified to you at that time together with any costs or charges incurred or imposed
by any of our suppliers. You should be aware that there may be extra charges applicable
dependent on the change you make. No Frills Airlines and/or Chartered normally regard
name changes after tickets have been issued as a cancellation and rebooking, and
any alteration may incur a 100% cancellation charge. Please note, it may not be
possible to make changes within 28 days of your scheduled departure date without
incurring 100% cancellation charges. We will however, do our utmost to accommodate
your requested change or addition.
4. TRANSFERRAL OF BOOKINGS
If you are unable to travel, in certain circumstances which we consider reasonable
we may allow you to transfer your booking to another party. 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
/administration fee which will be notified to you at the time must be paid before
the transfer can be effected.
5. INFORMATION ACCURACY
Please note: advertised information and prices may have changed by the time
you come to book your holiday. Whilst every effort is made to ensure the accuracy
of information and prices when published, regrettably errors do occasionally occur.
You must therefore ensure you check all details of your chosen holiday (including
the price) at the time of booking.
Please bear in mind that accommodation owners, restaurateurs, night club owners
etc, may wish to maintain or improve their facilities, or even take a break themselves.
Flight times and carriers are given for guidance only as there may be changes. Circumstances
such as these, or weather conditions, time of year etc., may cause some of the amenities
we have described to be unavailable or different from those advertised. When we
are told of any significant or long term changes we will always endeavour to advise
you prior to your departure. There may also from time to time be general refurbishment
at these establishments. These are necessary to maintain standards but if we are
informed of such work, we will endeavour to notify you of any activity as soon as
possible, however near to your departure this may be.
6. IMPORTANT FLIGHT INFORMATION
Please note that not all airlines include hold baggage within the cost of their
flights. Where this is the case extra charges will apply. Please check at
the time of booking that hold baggage is included within your booking. It is your
responsibility to ensure you have sufficient baggage allowance. Please be aware
that hold baggage weight restrictions may also vary between airlines
7. FLIGHTS
There are varying types of flights that we may book as part of your package i.e.
Charter, No Frills, Full Published and Consolidated. Any flight element of your
holiday is provided by an independent supplier. Each supplier has 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.
Copies of the relevant parts of these terms and conditions are available on request
from ourselves or the supplier concerned.
Please note: the carrier reserves the right to refuse carriage to any person who
has acquired a ticket in violation of applicable law or carriers tariffs, rules
or regulations. Right of refusal may now be granted to Airlines under new and stringent
anti-terrorism laws.
8. CHARTER FLIGHT CONDITIONS
A charter flight is invariably where an ATOL licensed Tour Operator such as AVRO,
Unijet, Thomson, Freedom Flights or Thomas Cook etc has "chartered" their
own Aircraft. When we book a charter flight on your behalf, we will identify that
Charter Operator on your ATOL receipt. Full terms and conditions relating to individual
charter airlines may be found in the relevant charter airline brochures. Where copies
of these conditions are not readily available, copies of these terms and conditions
are available on request from ourselves or the supplier concerned. By booking with
us, you are agreeing to these conditions.
9. NO FRILLS FLIGHT CONDITIONS
When we book a "No Frills" flight on your behalf, we will identify that
"No Frills" Airline on your ATOL receipt. It should be noted, that "No
Frills" airlines operate independently of each other and are normally quite
inflexible. Furthermore, they will invariably charge more for amendments once the
booking has been made and levy "severe" cancellation charges.
By allowing or asking us to book a "No Frills" flight on your behalf,
we regret and you accept that we are unable to take any responsibility for flights
changes, or cancellation made to any part of your reservation by the "No Frills"
Airline. For the avoidance of doubt, when we book a "No Frills" flight
on your behalf, you are agreeing to the "No Frills" Airline booking terms
& conditions. We will of course endeavour to change / amend all other components
of your package without charge through co-operation with our suppliers in the event
of a cancellation or change by the No Frills Airline however cannot guarantee this
will be the case.
10. FULL PUBLISHED/CONSOLIDATED FLIGHT CONDITIONS
A "Full Published/Consolidated" Flight is normally identified as a flight
operated by a "National Carrier" such as British Airways, KLM, Air New
Zealand , Cathay Pacific etc. When we book a "Full Published/Consolidated"
flight on your behalf, we will identify that "Full Published/Consolidated"
Airline on your ATOL receipt (identified as "BSP" OR "Global Airfares
Consol"). It should be noted Full Published/Consolidated Airlines normally
levy "severe" cancellation/amendment charges dependent on the type of
ticket booked.
11. UPGRADING YOUR FLIGHT & FLIGHT SEAT REQUESTS
Unless you have pre-booked your seats (where this facility is available), it may
not be possible to obtain them together. Please bear in mind that even when you
do pre-book seats, in most cases we will not be able to confirm the actual seat
numbers or position on the aircraft. Where possible, we will offer you a further
range of upgrade options designed to give you a more comfortable journey at a reasonable
supplement.
12. DIRECT FLIGHTS
The flight routings used in connection with our holidays may be based on special
fares which do not necessarily take the most direct route. Some itineraries require
a change of aircraft on route. A flight that is described as direct is one where
there is no need to change aircraft during the journey. However stops may be made
en route for re-fuelling or to let passengers on and/or off. Details of any stops
will be given on your itinerary. However, should you require this information at
an earlier stage, please check with your Travel Agent and/or our Sales staff at
the time of booking.
13. FLIGHT CHANGES
Unfortunately, Airlines may occasionally change the type of aircraft on a particular
flight without advance warning. Flight timings and days of operation are subject
to change and we will advise you of any significant change as soon as we ourselves
are informed by the airline. Minor timing changes will be shown on the flight tickets,
which you should check carefully when received. It is possible that flight times
may be changed even after tickets have been despatched - we will contact you as
soon as possible if this occurs.
We are not always in a position to confirm the airline, aircraft type and airport
of destination which will be used in connection with any flight included in your
holiday. When this information is provided at the time of booking or subsequently,
it is subject to change. Any such change will not entitle you to cancel or change
to other arrangements without paying our normal charges.
We cannot be held responsible for Airline re-scheduling/re-routing flights via other
airport/destinations following your confirmation of booking. Unfortunately, Airlines
who re-route flights are not obligated to make a refund or reduction of any kind
should a change to your original itinerary take place.
14. FLIGHT DELAYS
In the event of a flight being delayed the flight provider will endeavour to arrange
for the following to be provided, whenever reasonably practical, and subject to
the airport being able to cater for this:- over 4 hours, an appropriate meal, and
for delays of at least 8 hours extending beyond midnight, overnight accommodation
will be provided whenever reasonably possible. However, this will depend on such
factors as the type of flights you have booked (please see FLIGHTS section) expected
length of delay, local availability of accommodation, immigration rulings etc.
Where long flight delays will result in lost holiday time, no refunds are given.
Similarly airlines do not offer compensation for flight delays. It is in recognition
of the above that your holiday travel insurance policy normally offers monetary
compensation for flight delays. In the event of flight delay or missed flights please
make sure you contact the overseas assistance/emergency number as shown on your
accommodation voucher.
15. TRANSFER VOUCHER
Please note where applicable transfer vouchers will be issued. Please make sure
that if you have booked transfers you take the transfers vouchers on holiday with
you to hand over to the relevant provider. Please note the transfer voucher also
provides details of the process to obtain the service which must be adhered to.
16. ACCOMMODATION GRADING
We categorise all accommodation to give a general guide. The star ratings used are
based on the grading used in the country the property is based. Please note standards
can vary between accommodations of the same class in different countries. It is
important to read carefully the individual accommodation descriptions. A comparison
of cost may also give some idea of how accommodation in the same resort / country
is likely to compare in terms of general standards. Accommodation, whatever the
rating, is based on a twin or double standard room unless otherwise stated.
17. BOOKING A ROOM FOR EARLY ARRIVAL OR LATE DEPARTURE
Generally, your accommodation will be available from 2pm on the date of arrival
, and is to be vacated between 10 am and noon on the date of departure, irrespective
of your arrival or departure times and unless we have stated otherwise. Should you
wish your room to be ready prior to this time frame on your day of arrival or available
after 10 am for an afternoon or evening departure, it may be possible to reserve
the room at the time booking however this will be on a "subject to availability"
basis. This could incur additional cost and is normally paid locally. Should we
not be able to accommodate your request, you may also ask at reception (if applicable)
on your date of arrival or at any time during your stay.
18. MEALS
Meals if included, are based on table d'hote menus, or a meal voucher system unless
specified otherwise. Holidays which include main meals generally commence with dinner
on the day of arrival at your accommodation, terminating with breakfast (on half
board) or lunch (on full board) on the day of departure. No refunds on meals "not
taken" can be given. Special diets of any kind (including vegetarian) can seldom
be catered for adequately within the constraints of a table d'hote menu and cannot
be guaranteed. We would therefore strongly suggest that anyone with special requirements
takes a holiday where no meals (or only breakfast) is included.
Please note: if you book accommodation on an "all-inclusive" basis, accommodations
differ in their "all-inclusive" offerings including the time all inclusive
options are available. Assumptions should not be made that accommodations booked
on this basis will include for example "branded" spirits as they may offer
local alternatives.
19. HOLIDAY INSURANCE
You MUST take out fully comprehensive travel insurance. It will normally cover you
in the event of cancellation against loss of deposit or cancellation fees and for
medical costs in the event of you becoming ill or having an accident whilst on holiday.
There are some restrictions on insurance, for example pre-existing medical conditions
and you should advise the insurance provider of these at the time the policy is
taken out. It is your responsibility to ensure that the insurance cover you purchase
is suitable and adequate for your particular needs.
20. BEHAVIOUR
If we or any other person in authority is of the reasonable opinion that you or
any member of your party is behaving in such a way as to cause or be likely to cause
danger or upset to any other person or damage to property, we will be entitled to
terminate the holiday of the person(s) concerned. The person(s) concerned will be
required to leave the accommodation or other service and we will have no further
responsibility to them 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.
You will be responsible for making full payment for any damage or loss caused by
you or any member of your party during your time away. Payment must be paid direct
at the time to the service supplier concerned failing which, you will be responsible
for meeting any claims subsequently made against us (together with our own and the
other party's full legal costs) as a result of your actions.
21. BOOKING IF YOU ARE UNDER 18
It is a condition of our accepting your booking that the person who makes it is
at least 18. We are entitled to assume that this is the case. Under no circumstances
can we accept bookings from anyone who is under 16. At our discretion, we may accept
a booking from someone who is 16 or 17 and not accompanied by an adult providing
we have written confirmation from their parent or guardian that they may travel,
that the parent or guardian will accept responsibility for the booking and that
the party does not include anyone who is under 16. We are entitled to cancel any
booking which is made in breach of any of these requirements. In this case, full
cancellation charges will be payable.
22. IF YOU HAVE A COMPLAINT WHILE YOU ARE ON HOLIDAY
If you have cause for complaint whilst on holiday, you must bring it to the attention
of the local Representative or Agent (if there is one) and the establishment of
where you are staying who will do their best to rectify the situation and prevent
your holiday being spoilt. If there is no local Representative or Agent, you must
contact us on the Emergency Number as detailed on your accommodation voucher or
ATOL receipt. The Emergency number is 00447919887614. You should note that it is
unreasonable to take no action whilst on holiday, but to then write a letter of
complaint upon return. If you remain dissatisfied, you must write to us within 28
days of your return from holiday giving your booking reference and full details
of your complaint. If you fail to follow this simple complaints procedure (in resort
and on your return home), your right to any compensation you may otherwise have
been entitled to may be affected or even lost as a result.
23. SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you wish to make a special request, you must do so at the time of booking using
the special requests section on the secure payment page. We will pass any reasonable
requests on to the relevant supplier but we cannot guarantee that requests will
be met. The fact that a special request has been noted on your confirmation invoice
or any other documentation or that it has been passed on to the supplier is not
confirmation that the request will be met. Failure to meet any special request will
not be a breach of contract on our part.
If you or any member of your party has any medical problem or disability which may
affect your chosen holiday arrangements, you must give us full details using the
special requests section on the secure payment page. If we reasonably feel unable
to properly accommodate the particular needs of the person(s) concerned, we will
not confirm the booking or, if full details are not given at the time of booking,
cancel when we become aware of these details. Cancellation charges will apply.
24. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
The passport, visa and health requirements applicable at the time of printing to
British citizens for the arrangements are available to you at the time of booking
from your travel agent. Passengers with a non- British passport must check passport
and visa requirements with the Embassy or Consulate of the countries to or through
which you are intending to travel. Requirements may change and you must check the
up to date position in good time before departure. For European holidays you should
obtain a completed and issued form EHIC prior to departure.
It is your responsibility to ensure that you are in possession of all necessary
travel and health documents before departure. 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 correct documentation. If failure to have any necessary travel
or other documents results to fines, surcharges or other financial penalty being
imposed on us, you will be responsible for reimbursing us accordingly.
You should take up-to-date health advice about the health precautions you will need
to take prior to departure. Information on health is contained in the Department
of Health's leaflet (Health Advice for Travellers) which can be obtained by telephoning
0800 555 777. Further information can be obtained by visiting
www.hpa.org.uk OR www.fco.gov.uk
You should also note that certain European Countries now require your passport and/or
visa number together with any other relevant details in advance of travel
25. 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. Such events may include war or threat of war, riot, civil strife,
actual or threatened terrorist activity, industrial dispute, natural or nuclear
disaster, adverse weather conditions, fire, pandemic and all similar events outside our control.
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 obligations under our agreement with you is prevented or affected
by, or you otherwise suffer any damage or loss (as more fully described in clause
26(1) below) as a result of force majeure.
SECTION B - TERMS WHICH APPLY TO PACKAGES
26. OUR LIABILITY
(1) We promise that your holiday arrangements will be made, performed or provided
with reasonable skill and care. This means that 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 and that is the result of the failure
of ourselves, our employees, agents or suppliers to use reasonable skill and care
in making, performing or providing your arrangements as applicable. Further, 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 or carrying
out work we had asked them to do. It is your responsibility to show that reasonable
skill and care has not been used if you wish to make a claim against us.
(2) We will not be responsible for any injury, illness, death, loss, damage, expense,
cost or other claim of any description whatsoever which results from:
- 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 15 above.
(3) We limit the maximum amount we may have to pay you for any claims you may make
against us.
The maximum amount we will have to pay you where we are found liable for loss of
and/or damage to any luggage or personal possessions (including money) is £50 per
person affected unless a lower limitation applies to your claim under this clause
or clause 16(4) below.
For all other claims which do not involve death or personal injury, the maximum
amount we will have to pay you if we are found liable to you on any basis is twice
the price (excluding insurance premiums and amendment charges) paid by or on behalf
of the person(s) affected in total unless a lower limitation applies to your claim
under clause 16(4) 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.
(4) 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, rail or
road carrier or on any stay in a hotel, the maximum amount of compensation we will
have to pay to you will be limited. The most we will have to pay to 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 or hotel keeper concerned would have to pay under the international
convention or regulation which applies to the travel arrangements or hotel stay
in question (for example, the Montreal Convention for international travel by air,
the Athens convention for international travel by sea). Where a carrier or hotel
would not be obliged to make any payment to you for any reason under the applicable
International Convention or Regulation in respect of a claim or part of a claim,
we will not be 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 transport provider or hotelier for the complaint
or claim in question. Copies of the applicable international conventions and regulations
are available from us on request. In any circumstances in which the carrier is liable
to you by virtue of the Denied Boarding Regulation 2004, any liability we may have
to you under our contract with you, arising out of the same facts, is limited to
the remedies provided under the Regulation as if (for this purpose only) we were
a carrier; any sums you receive from the carrier will be deducted from any amount
due from ourselves.
(5) We will not accept responsibility for services or facilities which do not form
part of our agreement or where they are not advertised on our website. For example any
excursion you book whilst away, or any service or facility which your hotel or any
other supplier agrees to provide for you.
(6) The services and facilities included in your holiday will be deemed to be provided
with reasonable skill and care if they comply with any local regulations which apply,
or, if there are no applicable local regulations, if they are reasonable when compared
to the local standards and customs.
(7) This clause 7 is intended to set out our obligations to you as an organiser
under the Package Travel, Package Holidays and Package Tours Regulations 1992. We
will not accept any further or different liability than these Regulations impose.
In addition, regardless of any contrary representations made by us, we only promise
to use reasonable skill and care as set out above and we do not have any further
or different liability to you.
(8) You must tell us and the supplier concerned about your claim or complaint as
set out in clause 11 above. If asked to do so, you must transfer to us or our insurers
any rights you have against whoever is responsible for your claim or complaint and
provide ourselves and our insurers with all co-operation and assistance that may
be reasonably required.
(9) We do not accept liability for (1) any damage, loss, expense or other sum(s)
of any description which, based on the information you gave us at the time of booking,
we could not have foreseen you would suffer or incur if we breached our contract
with you. (2) any business losses.
27. PRICES
We reserve the right to make changes to 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 arrangements have been confirmed at the time of booking,
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, if transportation
costs or dues, taxes or fees payable for services such as landing taxes or embarkation
or disembarkation fees at ports or airports increase or decrease or our costs increase
or decrease as a result of any adverse or favourable changes 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 the increase in our costs exceeds
2% of the total cost of your holiday (excluding insurance premiums and any amendment
charges), will we levy a surcharge. If any surcharge is greater than 10% of the
cost of your holiday (excluding insurance premiums and any amendment charges), you
will be entitled to the options as referred to under "Changes and Cancellation
by us". If a surcharge is payable, there will in addition be an administration
fee of £1 per person together with an amount to cover agents commission. Although
insurance (where purchased through us) does not form part of your contract with
us or of any "package", we will consider an appropriate refund of any
insurance premiums you have paid us if you can show you are unable to use/reuse
or transfer your policy in the event of cancellation or purchase of an alternative
holiday.
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 under "Changes and Cancellation
by us" 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 the holiday or within 14 days of the issue date printed on the surcharge
invoice, whichever is the later.
Please note that travel arrangements are not always purchased in local currency
and some apparent changes have no impact on the price of your travel due to contractual
and other protection in place. We promise not to levy a surcharge within 30 days
of departure.
28. CHANGES AND CANCELLATION BY US
We start planning the holidays we offer many months in advance. Occasionally, we
have to make changes to and correct errors in any marketing material 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.
Most changes are minor. Occasionally, we 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 affect
on your holiday. Significant changes are likely to include the following changes
when made before departure; a change of accommodation to that of a lower classification
or standard for the whole or a major part of the time you are away or a change of
accommodation area for the whole or a major part of the time you are away. Please
note, where your booking includes a "no frills flight", changes imposed
by the airline (for example, change of departure or return time or UK or overseas
airport) and the consequent effect on your holiday will not generally be treated
as "significant changes" in accordance with this clause. For all flights,
a change of departure or return time by less than 12 hours will be a minor and not
significant change.
If we have to make a significant change or cancel, we will tell you as soon as possible.
If there is time to do so before departure, we will offer you the choice of the
following options:
- (for significant changes) accepting the revised arrangements
- purchasing an alternative holiday from us, of a similar standard to that originally
booked if available. Where possible, we will offer you at least one alternative
holiday of reasonably equivalent or higher standard for which you will not be asked
to pay any more than the price of the original holiday. If this holiday is in fact
cheaper than the original one, we will refund the price difference. If you do not
wish to accept the holiday we specifically offer you, you may choose any of our
other then available holidays. You must pay the applicable price of any such holiday.
This will mean your paying more if it is more expensive or receiving a refund if
it is cheaper
- cancelling or accepting the cancellation in which case you will receive a full and
quick 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, we will (as a minimum where compensation
is due), 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 terms & 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 |
Compensation per person |
|
More than 56 days |
nil |
|
56-29 days |
£10 |
|
28-14 days |
£15 |
|
less than 14 days |
£20 |
Very rarely, we may be forced by "force majeure " (see clause 25) to change
or terminate your holiday after departure but before the scheduled end of your time
away. This is extremely unlikely but if this situation does occur, we regret we
will be unable to make any refunds (unless we obtain any refunds from our suppliers),
pay you any compensation or meet any costs or expenses you incur as a result.
29. IF YOU WISH TO CANCEL YOUR HOLIDAY
If you or a member of your party needs to cancel your confirmed arrangements, the
party leader must immediately advise us in writing. Your notice of cancellation
will take effect when it is received at our offices. As we incur costs from the
time we confirm your booking, we will levy the following cancellation charges. The
percentage cancellation charge detailed is calculated on the basis of the total
cost payable by the person(s) cancelling excluding amendment charges. Amendment
charges are not refundable in the event of the person(s) to whom they apply cancelling.
|
Prior to 70 days: |
Total flight cost plus 15% of the total accommodation and other
elements |
|
69 - 42 days: |
Total flight cost plus 30% of total cost of the accommodation and
other elements |
|
41 - 34 days: |
Total flight cost plus 70% of total cost of the accommodation and other
elements |
|
33 - 7 days: |
Total flight cost plus 90% of total cost of the accommodation and other
elements |
|
Less than 7 days: |
100% of total cost of booking. |
30. FINANCIAL PROTECTION
The Package Travel, Package Holidays and Package Tours Regulations 1992 require
us to provide security for the monies that you pay for the package holidays you
book with us, and for your repatriation in the event of our insolvency. We provide
this security by way of a bond held by the Civil Aviation Authority under ATOL number
2959. This means that in respect of all arrangements including flights, in the unlikely
event of our insolvency, the CAA will ensure that you are not left stranded abroad
or will arrange to refund any money you have paid to us for an advance booking.
For further information, visit the ATOL website at www.atol.org.uk] This means that
in the event of our insolvency you will not be left stranded abroad or any money
you have paid to us for an advance booking will be refunded except where your contracted
arrangements with us do not include transport to and from the UK. In this case,
if already abroad, you will be returned to the point where your contracted arrangements
with us commenced.
SECTION C - TERMS WHICH APPLY TO NON-PACKAGES
31. FINANCIAL PROTECTION
We provide security for the monies that you pay to Travelbag Ltd. We are members of ABTA (No. 5665).
32. PRICES
We reserve the right to make changes to and correct errors in the prices of both
advertised and confirmed non-packaged arrangements prices at any time. You will
be advised of the current price of the arrangements that you wish to book before
your contract is confirmed.
33. CHANGES BY US TO A NON-PACKAGE BOOKING
Because we begin planning the arrangements we offer many months in advance, we must
reserve the right to make changes to and correct errors in holiday details both
before and after bookings have been confirmed. We must also reserve the right to
cancel confirmed bookings.
Most changes are minor but occasionally, we may have to make a “significant
change”. Examples of “significant changes” include the following
when made before departure; a change of accommodation area for the whole or a major
part of your holiday, a change of accommodation to that of a lower classification
for the whole or a major part of your holiday, a change of UK departure point to
one which is more inconvenient for you, a change of outward departure time or overall
length of your holiday of twelve or more hours, the closure of the only or all advertised
swimming pool(s) at your accommodation for an extended period and, in the case of
tours, a significant change of itinerary missing out one or more major destination
substantially or altogether.
If we have to make a significant change or cancel, we will tell you as soon as possible
and if there is time to do so before departure, we will offer you the choice of
the following options:
(a) (for significant changes) accepting the changed arrangements or
(b) purchasing alternative arrangements from us, of a similar standard to those
originally booked if available (if the chosen alternative is less expensive than
your original one, we will refund the difference but if it is more expensive, we
will ask you to pay the difference) or
(c) cancelling or accepting the cancellation in which case you will receive a full
and quick refund of all monies you have paid to us.
The above options will not be available if we make a minor change or cancel as a
result of your failure to make full payment on time. We regret we cannot pay any
expenses, costs or losses incurred by you as a result of any change or cancellation.
Very rarely, we may be forced by "force majeure" (see clause 25) to change
or terminate your arrangements after departure. If this situation does occur, we
regret we will be unable to make any refunds, pay you compensation or meet any costs
or expenses you incur as a result.
34. OUR LIABILITY TO YOU (NON-PACKAGE BOOKINGS).
We have a duty to select the suppliers of your arrangements with reasonable skill
and care. We have no liability to you for the actual provision of the arrangements,
except in cases where it is proved that we have breached that duty and damage to
you has been caused.
We also have no liability in the following situations:
(i) where the arrangements cannot be provided as booked due to circumstances beyond
our control
(ii) where you incur any loss or damage that could not have been foreseen at the
time of your booking, based on the information provided by you.
(iii) where you incur any loss or damage that relates to any business activity.
(iv) where any loss or damage relates to any services which do not form part of
our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you
to a maximum of twice the cost of your arrangements. This limit does not apply to
cases involving death or injury.
35. CANCELLATION BY YOU OF ACCOMMODATION ONLY BOOKING
If you or a member of your party needs to cancel your confirmed arrangements, the
party leader must immediately advise us in writing. Your notice of cancellation
will take effect when it is received at our offices. As we incur costs from the
time we confirm your booking, we will levy the following cancellation charges. The
percentage cancellation charge detailed is calculated on the basis of the total
cost payable by the person(s) cancelling excluding amendment charges. Amendment
charges are not refundable in the event of the person(s) to whom they apply cancelling.
|
Period before departure within which written notification of cancellation is received
by us |
Cancellation charge per person cancelling |
|
43 days and above: |
20% of accommodation value (minimum charge of £20.) |
|
42-28 days: |
50% of accommodation value |
|
Less than 28 days: |
100% of accommodation value |
36. CANCELLATION BY YOU OF FLIGHT ONLY BOOKING
If you or a member of your party needs to cancel your confirmed arrangements, the
party leader must immediately advise us in writing. Your notice of cancellation
will take effect when it is received at our offices. The cancellation charge of
flight only bookings will be 100% of the cost of the booking
|