Booking Terms and Conditions

These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Hays Travel Ltd of 25 Vine Place, Sunderland, Tyne and Wear, SR1 3NA ("we" or "us"). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. If you have any further questions after reading these booking conditions then please contact our customer services team who will be happy to help you.

We act only as an agent – usually as the agent of suppliers of travels services and sometimes as your agent in booking certain "no-frills" flights. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.

Booking

By making a booking, you agree on behalf of all persons detailed on the booking that you have read these terms and conditions and agree to be bound by them; you consent to our use of information in accordance with our Privacy Policy; and you are over 18 years of age.

When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make any charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport.

Payment

You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.

We do not make any charges for payments by debit card. Payments by credit cards are subject to a 2.25% handling fee.

Your contract

When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline or other supplier) named on your booking summary. For most bookings we act as agent for the supplier but we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier's Terms & Conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.

You may wish to purchase flights, hotel, car rental, transfers or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations; and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.

Charter flights

When you book your flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider.

When we act as your Agent

When making a booking with most 'no frills' or low cost airlines we are acting as your agent to find flight services for you, on terms to suit you. This applies mainly to low cost airline bookings made via our website. At the time of booking, we will inform you if we are acting in that capacity. In relation to such bookings, you appoint us to source those services on your behalf. Monies paid to us for such services are held by us on your behalf until they are paid to the flight provider in question. Please note that payment by you to us does not constitute payment to the travel service provider whose services we have sourced and if we collect monies from the travel service provider on your behalf, the travel service provider's liability to pay that money to you is discharged. We accept no liability in relation to any contract you enter into or for any low cost flight services or the acts or omissions of any flight supplier(s). For all 'no frills' flight arrangements, your contract will be with the supplier(s) in question. Your booking for 'no frills' flights is subject to this clause and the specific booking conditions of the relevant supplier(s) we source for you and you are advised to read both carefully prior to booking. By making a booking for which we are acting as your agent, you agree to the terms of this clause.

Cancellation and Amendment

Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and you also must pay us any applicable administration charges.

Changes or Cancellations by the Supplier

We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

Our Service Charges

In certain circumstances we apply service charges which will be shown on your booking confirmation as follows:

  • Credit card fees (see Payment section above)
  • "Administration Fee for Supplier Failure Cover" (see Your Financial Protection section below)
  • "Flight Plus" (see Flight-Plus section below)
  • "Service Charge" – a charge for the booking agent services we provide to you.
Please note that the term Service Charge does not refer to us putting together a holiday package, it is our standard charge for the service of acting as booking agent.
Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Complaints

The contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

If you wish to complain when you return home, write to the supplier as set out in your booking confirmation. We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are set out in these booking conditions.

Your Financial Protection

Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking.

We provide security for Flight Plus bookings by way of an ATOL (number 5534) administered by the Civil Aviation Authority (see section below on Flight-Plus Bookings).

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines unless they are part of a Flight-Plus (see below). Where necessary, we will add supplier failure insurance to your booking automatically. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation.

ATOL Protected

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

Flight-Plus bookings

Booking a Flight-Plus provides you with protection under our ATOL (number 5534) in the event of supplier insolvency, but we are still acting as agent for the individual suppliers and a Flight-Plus booking does not constitute a Package.

We have arranged ATOL protection for our Flight-Plus holidays (our ATOL number is 5534). A Flight-Plus is where you purchase through us, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate suppliers (i.e. not a package holiday). When you make a Flight-Plus booking through we will give you an ATOL Certificate showing what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. On all Flight Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your service providers. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers.

An ATOL Protection Contribution of £2.50 per passenger is payable to the CAA on Flight-Plus bookings and this will be reflected on your booking summary as a charge for "Flight Plus".

For more details as to when a Flight-Plus exists and the protection provided under the ATOL scheme please see www.caa.co.uk.

ABTA

We are a member of ABTA, membership number J3665. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs.  The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn't apply to claims which are solely in respect of physical injury or illness or their consequences.   It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday.

Special Requests

If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.

Insurance

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

Accommodation Ratings and Standards

Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.

Room Allocation

After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on check-out.

Building Work

From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If we are notified of such works we will inform you before you make your booking or within a reasonable time of us being notified.

Elderly/Disabled Clients

We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests before a booking is confirmed.

Delivery of Documents

All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other documents need to be reissued.

Passports, Visas and Health

We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. For more information on passports please visit https://www.gov.uk/browse/citizenship/passports

Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.

Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.

Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

Behaviour

Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

Data Protection and Privacy

Please see our data protection and privacy policy for full information regarding the way in which we use and store your personal data.

Law and Jurisdiction

These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

 
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