Sunny Breaks Holidays Booking Terms & Conditions
Sunny Breaks Holidays is Member of Travel Trust Association
Membership number: Q5771
Please see our booking conditions for further information
Our booking conditions are designed to be understandable and easy to read, however, if you have any further questions then please contact our Administration team who will be happy to help you.
- We act as a retail agent of TTAFS LTD *
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 at email@example.com. Any changes to these details will incur the charges. Please ensure that the names given are the same as in the relevant passport and as stated by the Agent at the time of the booking.
Flights and Flight-inclusive holidays
When booking an airline through our website or over the telephone you are entering 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 airlines website. When you book your flight through us, we act as agent form the flight provider who holds an ATOL. The contract will be between you and the flight provider. We would provide the ATOL certificate if there is a package is booked example Jet2package which shall mention all the details of your holiday if which is not correct we suggest you to contact us or email us firstname.lastname@example.org
Payment towards your holiday
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 low or full deposit you must pay the full deposit or final balance by the balance due date notified to you. The low deposit payments will usually be by installments that will be cleared from your bank account on the same date each month leading up to the final balance due date. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the relevant cancellation fees set out in their Terms and Conditions. If a balance extension is required and granted, a standard fee will be applied to your booking. If your departure date is within 14 days of your booking date and you pay via debit/credit card the cardholder must be part of the travelling party. Where you have booked a package, you will be subject to our cancellation charges.
We take reasonable steps to ensure that any information, photographs, or any other details about the flights, accommodation arrangements or accommodation featured on the website, described over the telephone or featured in any of our marketing publications is accurate. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this Site, regrettably, errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid.
We make no warranties or promises as to the availability or suitability of any accommodation advertised. We reserve the right to change or vary the price, flight, accommodation, or any other arrangements featured, discussed with you over the telephone or printed in any of our publications at any time without notice. You agree that it is your responsibility to ensure that all the details of your chosen accommodation are confirmed with us at the time of booking.
We accept all major credit and debit cards. However, we reserve the right to not accept credit card payments for the balance payments.
Please note that all additional charges are included in the total cost. Additional charges include airport taxes, fuel supplement, security fee and where applicable (when your flight is with a low cost airline) a card booking fee.
Please ensure that ALL documentation is thoroughly read and understood. It is your responsibility to inform us of any discrepancies. Please note some suppliers may charge for amendments and unfortunately in these circumstances, the client will be responsible for any additional charges. Please ensure that you arrive in good time for your departure, we cannot be held responsible for your failure to do so.
Hand baggage is included free of charge. The allowance differs depending on the airline that you are travelling on. We recommend that you check this with your specific airline prior to travel as we cannot be held responsible for any items that exceed the weight/dimension allowance. There is no hold baggage included in your holiday cost unless otherwise stated.
There are no transfers included in your holiday cost unless otherwise stated. On arrival at your destination, you will normally find taxis just outside the terminal building. To avoid getting overcharged it is advisable to agree a cost before you take the journey. Please ask our Travel expert for arrangements.
Please note in-flight meals are not included in the price stated unless otherwise advised at the time of booking.
Please be advised that all-inclusive starts at 12 noon on your day of arrival and ends at 12 noon on the day of your departure. If you have booked late night flights and you miss any meals on the first day they will not usually be offered to you on the day of your departure.
Please be advised that all Hotel ratings are given by the respective supplier and may not be the official rating.
Travelers who are under 18
The person making the booking accepts responsibility for paying for all the people on the booking. They are also responsible for keeping everyone in the party informed of the booking details. You must be at least 18 years old to make a booking with us. The first named person travelling on the booking must be at least 18, if all people travelling in your party are under 18 you need to provide a letter of consent from your parent or guardian, please either email this to email@example.com.Not all airlines will allow unaccompanied minors to travel, please double check with our reservations staff before booking your flights.
Flight Times and Tickets
Flight times shown are provisional and may be subject to change, as per the booking conditions. For all flight bookings please reconfirm your flight times 48 hours prior to departure as per the Travel Supplier's instructions. This applies separately to outward and homeward journeys, as changes to flight times may be made during your time abroad. We cannot be held responsible for you missing flights if you have not followed these instructions.
Most flights are now ticketless and you should ensure that you have your flight reference number which will be required for check-in. The flight reference and check-in procedures are included in the booking confirmation email we send to you. Some flight providers will require this check-in procedure to be carried out online. Charter flight tickets are generally issued by Travel Supplier between ten days and two weeks prior to travel, however they reserve the right to issue documents on departure at the airport.
You must contact us one week prior to departure if you are flying with a charter carrier and your travel documents have not been received or if you do not have a flight reference number for a ticket on departure booking. We will not be responsible for the loss of any items sent by post unless such loss is due to our negligence.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, or if the actual carrier is not known at the time of booking, the likely carrier that will operate your flights. Where we are only able to inform you of the likely carrier we will tell you the actual carrier when we become aware of it. There is an EC Community List of carriers which are subject to an operating ban throughout Europe and we will not use one of these airlines. In the event that an airline is or becomes listed, you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Please refer to the CAA?s website www.caa.co.uk
For passengers who will be 28 weeks pregnant at the time of the intended return flight, airlines require a medical certificate confirming the passenger is medically fit to fly. Airlines will not carry any passenger who will be 32 weeks or more pregnant by the end of the intended return flight. Please contact your doctor or the Department of Health for advice.
Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
Flights timings on your confirmation invoice are for guidance only and subject to change. You must check your flight details and times on receiving your tickets and notify us immediately of any errors. The times quoted on your documentation are local times and you must check in at least 3 hours before the latest flight departure time advised by us, regardless of any anticipated delay.
Seats are not pre-bookable and you are more likely to get seats that meet your requirements if you check in early. If your outbound journey is not utilised, the inbound flight reservation is automatically cancelled. We are not responsible for any losses if you arrive late for the specified check-in time for the flight, or lose your flight tickets.
The usual check-in time is 3pm and checkout time is usually 11am. This varies from hotel to hotel and from country to country but use these times as guidance. Early check-in or late checkout may be available but the hotel is likely to charge. Some apartment complexes require a deposit to be paid on arrival and often in cash.
To ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record: your telephone calls and customer transactions and activities with us. All recordings are and shall remain our sole property and can be provided if needed.
Special Requests if any
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.
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 in advance before a booking is confirmed.
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. 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, Commonwealth & Development Office, visit https://www.gov.uk/government/organisations/foreign-commonwealth-development-office.
Where we are acting as agent (almost always), the contract for your arrangements is between you
and the supplier and any queries or concerns should be addressed to them, but sent via our
offices. We will then pass on your complaint and liaise with the relevant supplier on your behalf.
We do so on a goodwill basis in our capacity as agent of the supplier.
If you have a problem whilst using any of your travel arrangements, you must inform the
relevant supplier, details will be on your voucher, and the hotelier (if applicable) immediately.
Since it is the supplier who is responsible for your booking they will have sole discretion in
deciding how to deal with you problem. If you fail to discuss any complaints with either your
supplier or us whilst you are away your supplier will have been deprived of the opportunity to
investigate and rectify your complaint whilst you were away and this is likely to affect adversely
any rights you may have to compensation from your supplier.
If your complaint is not resolved locally, you should write immediately to us upon your return.
We will do our best to help you in your discussions with the supplier. In this case you should
write to our Customer Services Department at Sunny Breaks Holidays, 37 Favell Drive Fruzton
Milton Keynes MK4 1AL quoting your booking reference and all other relevant information.
In all cases it is imperative that we receive full details of any claim from you within our cut-off
date of 90 days of your return home, and you must follow up by telephone to ensure that we have received it if you do not receive any form of acknowledgement from us within that timeframe.
These terms of business are governed by English law and the courts of England and Wales have jurisdiction (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.)
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 which will form part of your contract with us. 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.
Data Protection and Privacy
We are a data controller in relation to your booking. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information whilst in our control. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc in order to arrange your booking. Where we are acting as a package organiser, you may have booked through a travel agent and they may also have their own data protection policy in place. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
Please note that where information is also held by a travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact us and we may make a small charge for providing this to you.
One of the attractions of holidaying overseas is to see something of a culture and way of life that is different from what we are used to at home. You should not therefore expect things to be the same as in Britain. In other countries, some of which have only become accustomed to an influx of foreign tourists in recent years, the locals tend to be more relaxed in their approach to life, and this usually means taking their time over things. Also because of rapid developments in some resorts the development of the infrastructure (roads, power supplies, water supplies etc) has not kept pace with the demands of tourism. Of course, in the more sophisticated resorts of Spain and America for instance, you will often find all the facilities you are used to at home, but elsewhere things may be a good deal simpler. You may experience problems with plumbing or drainage or inconveniences like a broken door handle, or missing light bulbs. Standards of furnishings or electrical fitting may be more basic. It is also worth remembering that on a holiday where the absence of rain rates high on your list of priorities, water shortages can sometimes be unavoidable, indeed even in the largest hotels if everyone decides to shower or bath at the same time, hot water may run short. If it is something that can be rectified just report it to the person in charge of your accommodation and it will be fixed – eventually! If you have real difficulties please contact us by telephone @ 0208 050 2385
Food overseas can also be a little different too. You may encounter unusual dishes, but try, you might like it! Food is a very subjective matter and hotel menus are designed to please the greatest number of people. Most resorts have restaurants and snack bars where British style dishes can be bought if you prefer it.
Another factor of life overseas that can alarm British visitors is the number and variety of insects. They are prolific in some countries and little can be done about them, except regular control measures to keep them out of accommodation. For holidays to Florida, the climate means that a hotel room may smell of must or have mildew.
There is little that can be done about it despite the on-going efforts of hoteliers we are not responsible for it.
Being in the center of town, near to all the shops, bars, discos and other entertainments may be noisy. We also offer out of town accommodation. With the increase in tourism and development, it is difficult to find anywhere where building works of some kind are not going on. We have no control over this, but if, after you have booked, we find out about any building works going on near to your accommodation, which we think will significantly affect the enjoyment of your holiday, we will notify you.
When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise company or other supplier) named on your receipt. 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 do 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, transfer services or other services on our website or by calling us.
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; Until a component has been confirmed by the individual supplier, no contract has been formed.
When we act as your Travel 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. At the time of booking, we will inform you if we are acting in that capacity and 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 where we are acting as your agent, you agree to the terms of this clause.
Cancel or Amendment of your booking
If, after the supplier has confirmed your booking, you wish to change the booking we will try to arrange this with the supplier but it will of course be subject to the supplier's terms and conditions. Further and in any event any request for a change must be made by the person who made the booking/the Lead Contact. You will also have to pay an administration fee of £50 per person per amendment, and any further cost imposed by the supplier for the change.
You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. No changes or amendments are usually possible within 7 calendar days of departure.
If you cancel your booking you will have to pay the supplier's cancellation charges (normally 100%), and you will also have to pay our administration costs as set out below.
Cancellations must be notified to us via letter or e-mailing firstname.lastname@example.org
More than 70 days prior to departure – Loss of all deposits paid plus any additional cancellation charges from your suppliers. (Up to 100% of booking value) 69-43 days inclusive prior to departure - £40 administration fee plus loss of all deposit paid and any additional cancellations charges from your suppliers. (Up to 100% of booking value) 42-29 days inclusive prior to departure - £100 administration fee plus loss of all deposit paid and any additional cancellations charges from your suppliers. (Up to 100% of booking value) 28-0 days inclusive prior to departure – Full value of booking
Please note that if any of your party cancel that may alter the final price for those still travelling.
Changes or Cancellations by Service Providers
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 o liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
If you have paid 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 booking 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.
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.
Package Holidays booked with us.
A “Package Holiday” 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. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organizer” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
Your holiday price we reserve the right to alter the prices of any of the holidays shown on our website, featured in any of our publications or discussed with you or over the telephone. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. When you make your booking you must pay a deposit of £150 per person plus the appropriate insurance premium, if applicable. Please note that certain travel arrangements may mean you are asked to pay up to 100% of the cost of these arrangements at the time of booking and we will tell you prior to you making a booking. The balance of the price of your travel arrangements must be paid at least 10 weeks before your departure date. If the deposit and/or balance are not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administrative charge of £1.00 per person together with an amount to cover agents? commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or can celling and receiving a full refund of all monies paid, except for any amendment charges.
We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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.
If you change your booking If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
If you cancel your holiday you, or any member of your party, may cancel your travel arrangements at any time.
Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices and will be effective on the date received. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below.
If we change or cancel your holiday it is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible
date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us; if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause. If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of a comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
IF WE MAKE A MAJOR CHANGE TO YOU HOLIDAY
Amount you will receive from us Period before departure Within which notice of Cancellation or major Change is received by us Or notified to you;
More than 56 Days - £0 More than 29 Days - £10 More than 15 Days - £20 More than 6 Days - £30 More than 1 Days - £40
IF WE CANCEL YOU HOLIDAY
Amount you will receive from us Period before departure Within which notice of Cancellation or major Change is received by us Or notified to you;
More than 56 Days - Deposit only More than 29 Days - 100% of Holiday cost + £10 More than 15 Days -100% of Holiday cost + £20 More than 6 Days -100% of Holiday cost + £30 More than 1 Days -100% of Holiday cost + £40
IF YOU CANCEL YOUR HOLIDAY
Amount of Cancellation Charge Period before departure Within which notice of Cancellation or major Change is received by us Or notified to you;
More than 56 Days - Deposit only More than 29 Days 50% of Holiday cost More than 15 Days 70% of Holiday cost More than 6 Days 90% of Holiday cost More than 1 Days 100% of Holiday cost
Excursions are not included in the price and are not part of your ATOL protected air package holiday. They can be booked in advance of your departure on holiday or in resort but these are not provided by us and do not form part of your contract with us. You have a contract with the excursion provider for whom we act as booking agent and we are not liable to you for any part of the excursion. We accept liability if we are negligent in processing your excursion booking.
Overseas Holidays – What to Expect One of the attractions of holidaying overseas is to see something of a culture and way of life that is different from what we are used to at home. You should not therefore expect things to be the same as in Britain. In other countries – some of which have only become accustomed to an influx of foreign tourists in recent years – the locals tend to be more relaxed in their approach to life, and this usually means taking their time over things. Also because of rapid developments in some resorts the development of the infrastructure
(roads, power supplies, water supplies etc) has not kept pace with the demands of tourism. Of course, in the more sophisticated resorts of Spain and America for instance, you will often find all the facilities you are used to at home, but elsewhere things may be a good deal simpler. You may experience problems with pluming or drainage or inconvenience like a broken door handle, or missing light bulbs. Standards of furnishings or electrical fitting may be more basic. It is also worth remembering that on a holiday where the absence of rain rates high on your list of priorities, water shortages can sometimes be unavoidable – indeed even in the largest hotels if everyone decides to shower or bath at the same time, hot water may run short. If it is something that can be rectified just report it to the person in charge of your accommodation and it will be fixed – eventually! If you have real difficulties please contact us by telephone.
Food overseas can also be a little different too. You may encounter unusual dishes, but try – you might like it. Food is a very subjective matter and hotel menus are designed to please the greatest number of people. Most resorts have restaurants and snack bars where British style dishes can be bought if you prefer it.
Another factor of life overseas that can alarm British visitors is the number and variety of insects. They are prolific in some countries and little can be done about them, except regular control measures to keep them out of accommodation. For holidays to Florida the climate means that a hotel room may smell of must or have mildew.
There is little that can be done about it despite the on-going efforts of hoteliers we are not responsible for it. Being in the center of town, near to all the shops, bars, discos and other entertainments may be noisy. We also offer out of town accommodation. With the increase in tourism and development it is difficult to find anywhere where building works of some kind are not going on. We have no control over this, but if, after you have booked, we find out about any building works going on near to your accommodation, which we think will significantly affect the enjoyment of your holiday, we will notify you.
a) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organizer” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees? or suppliers? negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
b) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (i) the act(s) and/or omission(s) of the person(s) affected; (ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (iii)unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or (iv)an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
c) We limit the amount of compensation we may have to pay you if we are found liable under this clause: (i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £20 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind; (ii) for claims not falling under 3(i) above and which don?t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. (iii) for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in
those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
d) In any circumstances in which a 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. 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.
e) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
f) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
g) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. 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. If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or subcontractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorization before making your own travel arrangements.