Loveholidays is a trading name of We Love Holidays Ltd, with registered office at 4th Floor The Triangle, 5-17 Hammersmith Grove, Hammersmith, London, W6 0LG (“we”, “us” or “our”). References to “you” and “your” in these terms means you, the customer and any other person in your party.
Except where otherwise specified, we act only as an agent or sub-agent in respect of all bookings we take and/or make on your behalf including but not limited to flights, hotels, and transfers (“Arrangement”). Your contract will therefore be with the individual service provider of the Arrangement in question who is the principal or the agent of the principal (the ‘Service Provider’). When making your booking, our service is only to arrange for you to enter into a contract with the applicable Service Provider of the Arrangement.
As just an agent, we accept no liability in relation to any contract you enter into with the Service Providers, or for any services or arrangements you purchase, or for the acts or omissions of any other person(s) or party(ies) connected with any Arrangement.
Your booking through us (either online or via telephone) is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Service Provider you have chosen to contract with - a list of these booking conditions can be found at the end of this document. You must read both carefully and accept them in full prior to booking. The Service Provider’s terms and conditions may limit and/or exclude their liability to you. Copies of applicable conditions will be available to you prior to booking via our website and on your request to us.
You may decide to make one or more booking through us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All Arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 but may constitute a ‘Flight-Plus’ for the purposes of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 and protected by our Air Travel Organiser Licence (“ATOL”) number 10989. In certain circumstances, we also act as your agent to help you to arrange an individual travel service.
In any instance, where multiple bookings are made, they shall not constitute a “group” booking for. Unless bookings are all made under the same booking reference, they will be treated independently (i.e. as separate individual bookings).
Any references to ‘package’ and ‘package holidays’ on our website, marketing materials or in these Agency Terms & Conditions refers only to the package holidays organised by third party Service Providers on whose behalf we act as an agent. We do not organise or sell package holidays in our own name and we are not an ‘organiser’ or tour operator.
By making a booking with us, you agree that:
- you have read the terms and conditions set out below and agree to be bound by them;
- you are over 18 years of age, all members of your party are UK or Irish citizens who hold or will hold full UK or Irish passports, resident in the United Kingdom or Ireland and where placing an order for services with age restrictions, you declare that you and members of your party are of the appropriate age of purchase those services.
When you request to book an Arrangement, you guarantee that you have the authority to accept and do accept on behalf of your party these Agency Terms & Conditions and any applicable Service Provider’s booking conditions. In order to confirm your chosen Arrangement(s), you must pay a non-refundable deposit or full payment as required by the Service Provider of the Arrangement in question. You must also pay all applicable insurance premiums, fees and charges. Your booking is confirmed and a contract between you and the Service Provider will exist when we send you confirmation by e-mail on their behalf, which contains a valid Service Provider reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to us immediately where we will try to assist you. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you chose to pay a deposit, you must pay the full balance by the Balance Due Date notified to you in the Booking Confirmation. Unless otherwise specified, we will attempt to automatically deducted from the same debit/credit card used to pay your deposit. If full payment is not received (for whatever reason) by the Balance Due Date, we will notify the Service Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions. If you have chosen the option to spread the cost of your booking(s), all instalments must be paid by the date specified at the time of making the booking. In the event of non-payment, the booking(s) may be cancelled – please refer to the cancellation policy. It is always your responsibility to ensure your balance is paid by the Balance Due Date.
We accept payment by Delta, Switch/Maestro, MasterCard, Visa and American Express. Any applicable credit card fees will be displayed to you.
Cards are accepted subject to security and fraud checks and we reserve the right to cancel your Arrangement(s) should your booking request fail any element of these checks. Debit cards issued outside of the UK will be processed as credit cards, and subject to credit card fee. Your bank or card issuer may also apply an additional foreign transaction fee.
Please note that booking requests can take up to 72 hours to process. A booking is only confirmed when we send you a Booking Confirmation with a valid booking reference number for each Arrangement. On rare occasions, we will be unable to confirm a booking, for example if the payment fails. In the unlikely event this occurs, our team will attempt to rebook the affected Arrangement at the same price. If this is not possible, for example because the payment is blocked or there has been a change in the price or availability of the booking, we will contact you via telephone or e-mail to discuss next steps. Unfortunately, there are times when the cost will have increased during this period of time. Any cost increases will need to be paid by you, as per your contract with each Service Provider.
Any money paid to us in respect of a booking covered by an ATOL Holder, is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from you by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder. See clause 20 for more details on Flight-Plus bookings.
2. Prices & Pricing Errors
We reserve the right to amend advertised prices at any time.
We endeavour to ensure that all pricing and other information on the website is accurate. However, it is always possible that despite our efforts there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. We will normally check prices before confirming your booking so that, where the booking's correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the booking's correct price at your booking date is higher than the price stated to you, we will contact you by telephone or e-mail for your instructions before we confirm your booking.
If we confirm and process your booking where a pricing or other error is obvious and could reasonably have been recognised by you as a mistake, we may terminate the contract and refund you any sums you have paid us.
3. Low deposit/ Pay Monthly Payment Options
A Service Provider may in some instances offer low deposit and instalment plan options for payment of your booking and the full details will be displayed, including payment dates, at the time of booking.
Low Deposits: The initial low deposit is due per person and will be shown at the time of booking. Depending on the Arrangement(s) you choose, we will attempt to take the outstanding second deposit automatically from the same credit/debit card used to pay the initial deposit and you will be informed of the due date before booking. In the event of cancellation before the due date of the second deposit, you will still remain liable for the full deposit amount (i.e. both the first and second deposit).
Pay Monthly: Where you opt for the monthly payment plan, after payment of the deposit, we will attempt to take the remaining balance in monthly instalments with the final payment being taken on the date specified in your Booking Confirmation before your departure. In the event of cancellation after the second instalment, we/the Service Providers reserve the right to keep all payments made by you to date to cover administration charges.
We will attempt to take all payments automatically from the same credit/debit card used to pay the initial deposit. If you need to arrange for the remainder of the instalments to be collected from a different card, please notify us at email@example.com at least five working days before the due date to avoid payment being collected from the original card.
Although we will attempt to take payments automatically where possible, it remains your responsibility to ensure all payments are received by us and the full balance is paid by the date specified in your Booking Confirmation prior to your departure.
Payment options are subject to availability and we reserve the right to end any such offers at any time without prior notice.
4. Online Content
We take all practical steps possible to ensure that the details displayed on the website are accurate and up-to-date, but we do rely upon the information given to us by the Service Provider(s) and are intended to present a general idea of the services and facilities being offered. Sometimes – and particularly at the beginning and end of the season – certain facilities may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests or low occupancy. Some advertised activities or facilities, for example water-sports, may not be available all year round. There may be local charges for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, spa access, tennis courts, pool tables and air-conditioning. Unless specifically confirmed in your room type or board basis, you must assume some, if not all facilities will be payable locally. If your Service Providers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will endeavour to pass this information to you. Any complaints about services or facilities should be directed to the relevant Service Provider.
Transfer times quoted by the Service Provider for travel between airport and resort is approximate and, depending on circumstances, the journey time to your own chosen destination may be longer. It is your responsibility to notify the transfer Service Provider of any delays in other travel arrangements, such as flights, and the transfer provider reserves the right to alter or cancel the service as per their terms and conditions in these circumstances.
When making a booking with most airlines, we will act as your agent to book the flight services for you, on terms specified by you. In relation to such bookings, you appoint us to source those flights services on your behalf and you are our principal. We will arrange for you to enter into a contract directly with the airline concerned and you will be subject to their terms and conditions which you must refer to on the relevant airline's website. You are advised to read these carefully prior to requesting us to book your flight services. By making a booking for which we are acting as your agent, you specifically agree to the terms of this clause. We accept no liability in relation to any contract you enter into with the airline, or their acts or omissions, or for the flight service itself.
The airline will provide a booking confirmation directly to you by e-mail and we will be unable to access or alter your booking. As such, any amendments to your booking must be made by you, directly with them. We will issue a confirmation invoice that details our charges for the use of this booking service (if any).
Monies paid to us for such flight services are held by us on your behalf until they are paid to the airline in question. Please note that payment by you to us does not constitute payment to the airline and if we collect monies from the airline on your behalf, the Service Provider’s liability to pay that money to you is discharged. However, you will receive a ATOL certificate to protect any payment you do make for the flight service.
For some other airlines, we act as an agent for the Service Provider and your Service Provider will issue you an ATOL certificate.
Charter flights: When you book your charter 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 based upon their terms and conditions; a copy of which will be available to you prior to booking and is available on request.
In all other cases, we act as an agent for the relevant Service Provider in booking your flight service(s).
Operating Carrier Information: In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. In accordance with EU Regulations we are required to advise you of the operating carrier(s) (or, if the operating 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 will inform you of the identity of the operating 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. Any change in the identity of the airline, flight timings and/or aircraft type will not entitle you to cancel or change to other flight arrangements without paying charges, except where specified.
Flight times can change for a number of different reasons. You should always look to reconfirm your flights 48 hours prior departure to ensure that no changes to your flight schedule has occurred.
6. Data Protection
By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking (when it may be transferred abroad), if you purchase insurance we may process your information and pass it to insurers, for market research and analysis, to avoid fraud and to enable us or our representatives to contact you by letter, telephone or e-mail.
You many unsubscribe at any time by clicking on the relevant link in any emails we send you.
7. Final Travel Arrangement
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. You must reconfirm your flight details within 48 hours of departure by checking your airline's website for any travel updates, including any possible schedule changes or cancellations. If your flight time has changed, please ensure you travel to the airport with enough time to accommodate this change, and if you have transfers booked you notify your Service Provider(s) of these changes. We accept no liability in regard to flight schedule changes as these are managed solely by your relevant Service Provider or airline who in turn only accept liability for any schedule changes or cancellations in line with their specific booking terms and conditions.
8. Amendments by you
Any amendment outside of 28 days of travel will incur an administration charge of £25 per person plus any charges from the Service Provider.
Any amendment inside of 28 days of travel will incur an administration charge of £50 per person plus any charges from the Service Provider.
These charges include but are not limited to:
- Change of destination
- Change of hotel
- Change of name
Whilst we will try to assist, we cannot guarantee that such requests to make changes can or will be met.
At the time of booking you may have the option to select rooms or services which are available at a special rate as they are non-refundable, non-changeable and/or non-transferable from point of sale. This means that from the time the booking is confirmed, no amendments whatsoever (including names, dates and duration) can be made and the only option available is to cancel. Cancellations of this room type may be charged a 100% cancellation fee by the Service Provider. These rooms are advertised as “Non-Refundable” and require full payment at time of booking.
Amendment charges are subject to change at any time. Please note that amendment fees are non-refundable and can only be requested by the lead passenger on the booking.
9. Cancellations by you
In the event that you cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph (e.g. because you have chosen a low deposit option), you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Agency Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.
Any cancellation will incur a cancellation processing fee of £25 per person plus any charges from the Service Provider(s) under their terms and conditions. Please note that any credit card transaction fees are non-refundable.
If you cancel your whole booking you will have to pay all the Service Providers’ cancellation charges (this will include total flight costs, including baggage, plus insurance) and you will also have to pay (in addition to our per person cancellation processing fee mentioned above) as follows:
Flight: 100% of the full booking value of the flights (including baggage, insurance).Accommodation:Cancellation charge will depend on whether you have booked a refundable or a non- refundable product. Cancellation charges will be specified to you at the time of booking and vary from one Service Provider to another. You should check your Booking Confirmation and any documentation for details of your specific cancellation terms.
Non-Refundable products must be paid for in full at the time of booking and no refunds are given in the event of cancellation as per section 8 above.Transfers: 100% of the full booking value of the transfers.
Tour Operator holidays:If you cancel your booking you will have to pay the tour operator's cancellation charges detailed in the tour operator's booking conditions.
10. Changes and Cancellations by the Service Provider
We will inform you as soon as reasonably practicable if the Service Provider needs to make a significant change to your confirmed Arrangement or to cancel them and will endeavour to pass on any information to you in regards to any minor changes before you depart. We will also liaise between you and the Service Provider in relation to any alternative arrangements offered by the Service Provider, but we will have no liability to you for any changes and/or cancellations by the Service Provider or additional cost or expenses you incur.
11. Our Service Charges
In certain circumstances we apply service charges which will be shown on your booking confirmation as follows:
|Cancellation or amendment||As per clauses 8 & 9*|
|Credit card charge||Up to 2.5%**|
|0% Monthly Payment Plan Administration Fee||£2.95 per payment|
|Low Deposit Payment Plan Administration Fee||£4.95 per payment|
|Standard Deposit Payment Plan Administration Fee||£4.95 per payment|
*Please note that cancellation and amendment fees are non-refundable.
**Please note that any credit card transaction fee is non-refundable.
12. Our responsibility for your booking
Your contract for the Arrangement(s) is with the Service Provider(s) who will the principal or the agent of the principal and their booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangement(s). Our responsibilities are limited to the booking service we provide to you. We accept no responsibility for any information about the Arrangement that we pass on to you in good faith if any errors in that information are beyond our reasonable control (e.g. because they are solely due to the fault of the Service Provider). We are also not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We only supply our services for domestic, non-commercial and private use. We do not therefore accept liability for any business losses (e.g. loss of profit, loss of business, business interruption or loss of business opportunity).
We also accept no responsibility for the behaviour of others in your accommodation, transfer or flight, or for any facilities/services withdrawn as a result of their action.
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 affected Arrangement (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, agents or subcontractors whilst acting in the course of their employment or engagement, liability for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
The contract(s) for your Arrangement(s) is between you and the Service Provider(s) who maybe the principal or an agent for the principal. Any queries or concerns regarding your contract should be addressed to them.
If you do have a problem whilst on holiday, this must be reported to the Service Provider or their local representative immediately. You must, as a strict condition of your booking, obtain a written record of your complaint from the Service Provider or their representative at the time the issue arose. If you are unable to speak to the Service Provider or their representative whilst on holiday, you should contact our In-Resort Assistance team on 00 44 (0) 203 870 6830 (Monday to Sunday 9am to 5pm GMT. Outside of these hours, we provide an on-call “emergency” service only.)
If you fail to follow this reasonable procedure there will be less opportunity for the Service Provider to investigate and rectify your complaint. Any compensation you may be entitled to could be reduced or extinguished.
Please note that we do not have our own representatives and nor have we authorised anyone else to be our representatives in resort. Therefore, it is imperative that if you cannot speak to the Service Provider or their representative at the time, you contact the In-Resort Assistance team above.
If you wish to complain when you return home, please send a detailed complaint including your written report from the Service Provider or their representative (if you have one) and any additional information supporting your claim to AfterYourHoliday@loveholidays.com . Please send your complaint within 28 days of your return as the sooner we receive it the easier it is for us and the Service Provider to investigate it accordingly.
Complaints received outside of 28 days of your return may mean your Service Provider is not be able to offer a detailed response, nor offer any compensation or may reject your complaint entirely.
As your agent, we will manage the complaint process on your behalf aiming to forward you a full response from the Service Provider within 28 days. If the matter cannot be resolved and it involves our booking service, or another ABTA member, then it should be referred to the ABTA approved Arbitration Scheme in the first instance. See clause 14 below.
We are a member of ABTA and our membership number is P6847.
We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can offer you an Arbitration Scheme for the resolution of disputes arising out of, or in connection with your booking. Further information on the Code and Arbitration Scheme can be found at https://abta.com/about-us/code-of-conduct and https://abta.com/holiday-help-and-complaints/abtas-adr-scheme.
The Arbitration Scheme is approved by ABTA and administered independently by CEDR. It provides for a simple and inexpensive method of arbitration on documents alone with lower costs than if you went to Court or through solicitors. Full details will be provided on request or can be obtained from the ABTA website.
The Arbitration Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. The Scheme can however deal with compensation 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.
The application for Arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within eighteen (18) months of the date of return from the holiday or the intended return date. 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 should use the ABTA / Chartered Institute of Arbitrators Mediation Procedure before taking legal action. The aim is to help resolve your dispute in a quick and cost effective way. Further details on request or from www.abta.com/holiday-help-and-complaints/abtas-adr-scheme.
15. Visa, passport and health requirements.
We recommend you always look at the Travel Advice section of the Foreign & Commonwealth Office website prior to travelling abroad: www.fco.gov.uk to check general visa, passport, health and safety information.
Unless you tell us otherwise, we are entitled to assume that all members of your party are UK or Irish citizens who hold or will hold full UK or Irish passports valid for the entire duration of the Arrangement you chose to purchase. Information on visa, passport and health requirements (where given and applicable) is so given solely on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the Service Provider(s) of the Arrangement(s), Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
Certain countries/cities impose additional taxes such as tourist or city tax. This is payable directly to your accommodation and is for maintenance of local facilities. You are wholly responsible for paying these taxes locally prior to check out and they are subject to change by pronouncement of overseas governments. We have no liability to you for these taxes.
17. Accommodation Ratings and Standards.
Star ratings are used to symbolise the overall quality and level of standards of each accommodation type and are typically based on criteria including the range of standard facilities, the quality of the furnishings, the quality and range of the food outlets, and the overall level of service. However, there is no uniform and consistent method of star ratings and as such they can vary significantly by country, and often within countries. Also, not all countries have official rating systems. Therefore the rating displayed is only an opinion and should only be used as a guide. If your Service Provider provides an “official” tourist board rating, we will endeavour to include that within the accommodation description. We cannot guarantee the accuracy of any ratings given. All ratings are as provided via the relevant Service Provider and are not our personal ratings.
18. Room Allocation
After registration/check-in at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with the Service Provider. Please note that the fact that rooms appear listed together on the same booking itinerary does not guarantee that they will be adjacent to one another or otherwise in close proximity.
Passengers with Reduced Mobility: It is your responsibility to advise us, prior to booking, of any conditions/disabilities that may affect your travel. Where possible, we will enquire with the Service Provider about the suitability of Arrangement for you, however we can give no guarantees. It is recommended that you make your own independent enquiries to ensure the Arrangement of your choice is suitable for your particular requirements before making your booking.
19. Building Work
From time to time, maintenance, renovation or refurbishment and its associated noise are unavoidable at a hotel/accommodation. 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.
Please note that municipal works (for example road works) and other third-party building work in the vicinity of your accommodation is not the responsibility of the accommodation or Service Provider.
20. Flights-Plus Bookings
Booking a Flight-Plus arrangement provides you with protection under our ATOL in the event of a Service Provider’s insolvency, but we are still acting as agent for the individual Service Provider and a Flight-Plus booking does not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 or any other law. We do however accept responsibility as a Flight-Plus arranger as defined in the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 on the terms below:
What is a Flight-Plus?
A Flight-Plus exists where you book a flight out of the UK (or a flight into the UK where you departed from the UK by another means) and on the same day, the day before or the day after, you also book either living accommodation or self-drive car hire (outside the UK) and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty-four hours or include overnight living accommodation in order to make them a Flight-Plus arrangement. If, in connection with the flight, on the same day, the day before or the day after you also book any other tourist service(s) which is not ancillary to the flight or living accommodation and which accounts for a significant proportion of the trip, that will also form part of the Flight-Plus arrangement.
A Flight-Plus will also exist where, on the same day, the day before or the day after you book: (a) a non-flight inclusive Package, you book a flight out of the UK (or a flight into the UK where you departed from the UK by another means) or (b) a flight inclusive Package, where you book accommodation or self-drive car hire outside the UK.
A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus arrangement; and as a consequence of that cancellation, the definition of a Flight-Plus arrangement is no longer satisfied. Where you book a Flight-Plus arrangement, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
Please note that a flight which begins and ends in the United Kingdom will not form part of a Flight-Plus.
Our Liability for Flight-Plus
In these conditions, the failure or insolvency of a Service Provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided: (a) because of the insolvency of any Service Provider concerned with the provision of the Arrangement making up a Flight-Plus, or (b) because the ATOL holder providing your flight arrangements is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to you, we will make reasonable endeavours to provide you with suitable alternative flight arrangements at no extra cost to you. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided: (a) because of the insolvency of any Service Provider concerned with the provision of the flight arrangements making up your Flight-Plus or (b) because the ATOL holder providing your flight arrangements is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to you, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
If, after your intended departure on a Flight-Plus we become aware that your accommodation arrangements or self-drive car hire will not be provided because of the insolvency of the Service Provider, we will provide you with suitable alternative accommodation arrangements or self-drive car hire at no extra cost to you. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, accommodation arrangements, self-drive car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if accommodation arrangements or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.
Financial Protection for Flight-Plus Bookings
We provide financial security for Flight-Plus arrangements (where we are the Arranger) under our ATOL number 10989. When you buy a Flight-Plus from us you will receive an ATOL Certificate. This lists the services (flight, accommodation, car hire and/or other services) that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk .
The price of our Flight-Plus arrangements includes the current amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
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 arrange to 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 arrange to 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 may 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.
Scheduled Airline Failure Insurance
We have taken out Scheduled Airline Failure Insurance, which provides our company with financial protection in the rare event of the insolvency of airline/flight consolidator, which in turn protects you financially giving you complete peace of mind.
21. Law and Jurisdiction
These Agency Terms and Conditions are governed by English law and the courts of England and Wales have exclusive jurisdiction over any dispute or matter arising out of these Agency Terms and Conditions (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable.)
22. Service Provider Terms and Conditions
Registered office address: 4th Floor of The Triangle, 5-17 Hammersmith Grove, London, W6 0LG