Booking Terms & Conditions
Terms & Conditions
IRONMAN Booking Conditions – click here
Booking Conditions
The website www.nirvanaeurope.com is owned, controlled and operated by Nirvana Europe Limited (“we” or “us”), which is registered with company number 03763169 and has its registered office at Osprey House, Kingfisher Way, Wallsend, NE28 9NX. We are a member of ABTA (membership number Y1059) and have an Air Travel Organiser’s Licence (“ATOL”) (Licence number 6985).
These booking conditions incorporate our Terms of Use and Privacy Policy, both of which can be found on our website www.nirvanaeurope.com Use of our website and use of your data are subject to these policies.
The booking conditions which apply to your booking will vary depending on the type of sporting break you decide to book. We accept three types of bookings all of which are governed by and strictly subject to these booking conditions.
1. “Hotel Booking” is where you book hotel accommodation (“hotel” in these booking conditions includes hotels, self-catering accommodation, and any other accommodation you may book with us). Airport and hotel transfers booked with your hotel accommodation are included in the definition of Hotel Booking. In arranging these bookings, we will act as an agent for the hotel and arrange for you to enter into a contract directly with the hotel. For a Hotel Booking Sections A and B of these booking conditions will apply.
2. “Flight Only Booking” is where you book a flight only. In arranging these bookings, we will act as an agent for the airline and arrange for you to enter into a contract directly with the airline. For a Flight Only Booking Sections A and ATOL Protection clauses 29.4 to 29.7 inclusive of these booking conditions will apply.
3. “Package Booking” includes all bookings you make with us other than Hotel Bookings. These types of bookings are package holidays and so the provisions (and the financial protection requirements) of the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Regulations”) will apply. In arranging these bookings, we will act as a principal and so your contract will be directly with us. For a Package Booking sections A and C of these booking conditions will apply.
Please read the following booking conditions carefully as you will be bound by them. We recommend you print off a copy and keep them with your booking confirmation. It is your responsibility to make sure you have read and understood all information contained within these booking conditions. If there is anything within these booking conditions which you do not understand or wish to have clarified then please contact us at contactus@nirvanaeurope.com and we will be happy to assist you. Alternatively, you can seek third party advice.
Section A: Applicable to all bookings
1. Accuracy
1.1 Although all reasonable efforts have been made to ensure the accuracy of the information (including prices) in our brochures, on our website (www.nirvanaeurope.com), in our email newsletters and quotes, and in our promotional material and printed media, regrettably changes, updates and errors occasionally occur. Therefore, all details and information relating to your chosen break are only deemed confirmed once have received written confirmation from us in the form a booking confirmation email.
2. Price and Payment
2.1 We reserve the right to alter the price of any sporting break, not limited to any pricing error, and we will advise you of the current price of the sporting break before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
2.2 A per person, non-refundable deposit is required at the time the booking is made. The balance of the price of your break must be paid no later than 8 weeks before the date your sporting break is due to commence (the “Balance Due Date”). In some cases, and on request from us, bookings may require full payment more than 8 weeks in advance of your sporting break, in particular, bookings which include flights, payment requirements will be advised to you at the time of booking. All bookings made via our online booking facility require a deposit at the time of booking. Bookings made within the Balance Due Date must be paid in full at the time of booking. If the deposit, balance or final balance (as applicable) is not paid by the Balance Due Date, we, or where we are acting as agent, the hotel reserves the right to cancel your booking and retain your deposit paid. We are not responsible for obtaining a replacement hotel, but should you wish for us to try and find a replacement on your behalf we will use reasonable endeavors to see what alternatives are available. Cancellations between the Balance Due Date and the date of travel will not be refunded.
2.3 The cost of your accommodation does not include any services which you may use or purchase whilst at the accommodation other than those specifically in writing confirmed as included in the price of your break as set out in your booking confirmation. You shall be solely responsible for paying the hotel directly for such additional services. These may include spa treatments, purchases from shops, any meals and drinks not stated in writing and confirmed to be included in the price of your break.
2.4 All sums payable for your booking can be paid in GB Pounds Sterling, Euro, US Dollar, Swiss Franc, Swedish Krona Australian Dollars at the published rate of exchange of the Bank of England on the day of booking.
2.5 By providing and maintaining a valid credit card on file, you agree to authorise and permit Nirvana Europe to automatically charge this card for any applicable fees, charges, or recurring payments associated with the products or services provided. You understand that this card information will be securely stored and used in accordance with our privacy and security policies. It is your responsibility to ensure the accuracy of the card information and to promptly update any changes. Nirvana Europe reserves the right to update or modify the terms of this agreement with notice provided to you. Failure to maintain a valid card on file may result in the suspension or termination of services. Our card-on-file agreement can be found here
3. Payment methods
3.1 Payments can be made online through our secure customer portal using both debit and credit cards: including PayPal, MasterCard, Visa and American Express (Amex transactions are only available in Sterling payments, or over the telephone through our sales and customer service teams. We also accept bank transfers and cheques, made payable to Nirvana Europe Limited, if we receive them within our normal payment terms stated in section 2. Please clearly use your booking number as a reference for bank transfers or on the back of a cheque.
3.2 There are no surcharges for using personal debit or credit cards.
3.3 By entering your payment details, you confirm that the credit or debit card that is being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be able to process your booking. We are not responsible for any failure on the part of your card issuer to process your payment or any missed deadline caused by such failure. In light of this, we strongly recommend making payments in reasonable time prior to the Balance Due Date leaving ample time to resolve any issues should they arise.
4. Booking and Confirmation of Booking
4.1 You can make a booking for a sporting break by either telephoning our Sales office on +44 (0)191 257 1750, sending us an enquiry about a break through our “Contact” page or using our online booking facility which enables you to book and pay online. You must be 18 years or over to make a booking and all bookings are strictly subject to availability and compliance with these booking conditions.
4.2 If you send us an enquiry about a break using our Contact page, we will acknowledge receipt of your enquiry as soon as possible and then telephone or email you with availability and any other details you require. If you want to go ahead and book your break, we will take payment over the telephone.
4.3 For bookings made and paid for online, we will send you an acknowledgement of receipt of your booking request together with a booking reference by email. This email of receipt does not constitute final booking confirmation, please see section 4.4 below.
4.4 After we have taken payment, we will then email you (or send by post, if requested) a booking confirmation, which will set out full details of your booking and show any remaining balance to be paid by the Balance Due.
4.5 For Hotel Bookings, whether by telephone, by e-mail or online, a contract between you and the hotel will only come into existence and bind the parties when we issue the booking confirmation. Please check the booking confirmation carefully.
4.6 For Flight Only Bookings, whether by telephone, by e-mail or online, a contract between you and the airline will only come into existence and bind the parties when we issue the booking confirmation. Please check the booking confirmation carefully.
4.7 For Package Bookings, whether by telephone, by email or online, a contract between you and Nirvana Europe will only exist when we issue the booking confirmation. Please check the booking confirmation carefully.
Please contact us within 72 hours of receiving the booking confirmation if any information appearing on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later. You have an ongoing obligation to make sure all information provided to us is correct, accurate and up to date. Should any of the information provided to us change then you should notify us immediately.
Group Bookings:
4.8 Where your booking is for more than one person, the lead name will be responsible for the entire booking. As lead name you warrant and represent that you have the authority to accept on behalf of your party the terms of these Booking Conditions. The lead name will be responsible for making all payments due in accordance with the contract. The lead name is also responsible for keeping all members of his/her party informed as to the booking details and informing us in writing of any amendments to or cancellations of the booking. As the lead name on a booking you are ultimately responsible for the compliance of the whole group with these booking conditions.
5. If you have a Complaint
5.1 If you have a complaint or experience any problems during your break, please inform the hotel or supplier concerned as soon as possible who will endeavour to put things right. If the matter cannot be resolved locally, please contact us by emailing mailto:contactus@nirvanaeurope.comor phone +44 (0) 191 257 1750 allowing us to assist on your behalf. If you fail to follow this procedure, the local team hosting the event (and we) will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights. Alternatively, please write to our Customer Services Department at Nirvana Europe Ltd, Osprey House, Kingfisher Way, Silverlink Business Park, Wallsend, NE28 9NX, United Kingdom or contactus@nirvanaeurope.com, giving your booking reference and all other relevant information within 28 days of returning home. Please also see clause 29 below regarding the role of ABTA.
5.2 Dealing with complaints. If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted. Details of this scheme are available from The Travel Industry Arbitration Service, administered by:
Dispute Settlement Services
9 Savill Road
Lindfield
West Sussex
RH16 2NY
E-mail: admin@disputesettlementservices.co.uk
This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.
6. Insurance
6.1 We consider adequate travel insurance to be essential. You are not obliged to take out the specially arranged Nirvana Europe Limited insurance cover if you do not wish to do so. If you decide not to purchase this insurance, or it is unavailable, you must ensure that any alternative policy you purchase covers as a minimum the cost of cancellation by you or, the full costs that could be incurred in the event of you suffering an accident or illness, including repatriation.
6.2 A majority of general travel insurance policies and those insurance policies provided by us will not cover certain elements unique to a sporting break such as insurance for dangerous activities or safe passage of sporting equipment. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check insurance policies. Please read your policy details carefully and take them with you on your break. We do not accept any liability for any possible loss that you suffer as a result of your failure to take out an adequate insurance policy.
7. Special Requests and Medical Issues
7.1 If you have any special requests, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are strictly subject to availability.
7.2 If you or any member of your party has any medical issue or disability which may require assistance, please tell us before you book or, if diagnosed after you confirm your booking, as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
8. Delays
8.1 In the event of delays to your transportation, the provision of assistance and refreshments is governed by the individual operator’s policy or in the case of flight delays, by European regulations.
8.2 We cannot accept liability for any delays due to arrangements you make for air travel or any other transportation not booked with us. Where you have booked your flights through us as part of your booking, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party (see Section 27.5 below for further details).
9. Unavoidable and Extraordinary Circumstances
9.1 In these booking conditions, “unavoidable and extraordinary circumstances” means a situation beyond the control of the party seeking to rely on such a situation the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include, without limitation: war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics, pandemics or any such crisis which may impact human health (guidance of which shall be taken from the World Health Organisation), airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights) and the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace).
10. Data Protection and Privacy
10.1 When you make a booking for a sporting break, we will need to use your personal data such as name, address, contact details, date of birth and passport details to make the travel arrangements for your break and otherwise as necessary to ensure that your booking contract is performed. This will usually require us to pass your personal data on to relevant third party suppliers of your travel arrangements such as hotels, airlines, transport providers, ground agents and destination management companies so that they can fulfil their part of your travel arrangements.
10.2 Any personal information we collect about you will be handled in accordance with our Privacy Policy. A copy of the Privacy Policy can be viewed here and is incorporated into these booking conditions. It is your responsibility to periodically review the Privacy Policy and inform yourself of any updates
made to the Privacy Policy.
11. Governing Law and Jurisdiction
11.1 This contract and any dispute, claim or other matter of any description which arises out of or in connection with this contract is governed by and shall be construed in accordance with English law.
11.2 The Parties irrevocably agree for the exclusive benefit of you that the courts of England shall have jurisdiction over any claim or matter arising under or in connection with these booking conditions (or any agreement or document entered into pursuant to these booking conditions) and that, accordingly, any proceedings in respect of any such claim or matter may be brought in such courts, except that you may elect to choose resolution under the ABTA Scheme (if the Scheme is available for the claim in question). Nothing in this clause shall limit your right to take proceedings against us in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
12. Non-waiver
12.1 No delay, indulgence or omission in exercising any right, power or remedy provided by these booking conditions or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.
13. Further Assurance
13.1 Each Party shall from time to time (both during the term of any agreement under these booking conditions and after) do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of these booking conditions.
14. Entire Agreement
14.1 These booking conditions and any agreement or document entered into pursuant to these booking conditions constitutes the entire agreement between the Parties and supersedes any previous agreement or arrangement between the Parties relating to a booking.
15. Variation
15.1 No variation of these booking terms or any agreement or document entered into pursuant to these booking conditions shall be valid unless it is in writing and signed by or on behalf of each of the Parties.
16. Third Party Rights
16.1 No person who is not a party to these booking terms shall have any right to enforce these booking terms (or any agreement or document entered into pursuant to these booking terms) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17. Severance
17.1 If any provision of these booking conditions is or becomes illegal, invalid, or unenforceable under the law of any jurisdiction, that shall not affect or impair:
17.1.1 the legality, validity or enforceability in that jurisdiction of any other provision of these booking conditions; or
17.1.2 the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these booking conditions.
18. General
18.1 You must comply with all notices and communications provided before and during your booking. Final package details and tickets will be provided to you approximately 14-21 days before the date of travel. Children under 18 and those unable to look after themselves should always be supervised by an adult member of your party. You must not commit or attempt to commit any illegal act. You must use your accommodation and other facilities with care and on departure leave it in a clean and tidy condition. We reserve the right to invoice you for any costs incurred in you not complying with these requirements. We reserve the right to recover from you the costs of:
(a) any damage caused by you to accommodation or other property made available to you;
(b) any compensation we may pay to others, where caused by you or any member of your party; and/or
(c) resolving any acts or omissions of you or any member of your party or as a result of a breach of any of these Booking Conditions.
Section B – Applicable only to Hotel Bookings
19. Your Contract with the hotel
19.1 When you make a Hotel Booking, we will act as an agent in the booking of your hotel accommodation. Your contract will be with the hotel provider/owner (referred to from now on as the hotel) and their booking conditions will be provided to you and are incorporated into these booking conditions. We advise you to obtain and read those. As an agent, we accept no responsibility for the provision of the accommodation by the hotel (including its facilities and services) with whom you have a contract. All hotel accommodation that we provide or that is sold through us is not an offer by us to sell any accommodation, but an invitation to you to make an offer to the hotel. We are authorised to accept that offer on behalf of the hotel or to reject it.
20. Amendment or cancellation by you
20.1 If once the booking confirmation has been issued, you wish to change your booking in any way or cancel your booking, the person who originally booked the break (the lead name) must notify us in writing by email or post. All amendments are subject to availability and whilst we will do our utmost to make your requested changes, it may not always be possible to fulfil your request.
20.2 The hotel may charge the cancellation or amendment charge shown in their booking conditions (which may be as much as 100% of the cost of the booking). Please contact us at mailto:contactus@nirvanaeurope.com or the allocated customer service agent assigned by us prior to confirming your break in order to find out your hotel or sporting event’s specific amendment and cancellation policy.
20.3 In addition, we may incur losses and costs in amending or cancelling confirmed bookings, particularly if such amendments or cancellations occur close to the departure date, and in these circumstances, you will be charged an amendment or cancellation fee reflecting the losses and costs we incur. If you cancel your break or the number in your group booking reduces before the departure date, we have the right to retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. If you wish to transfer or change your Hotel Booking an amendment fee of £25 per person will be charged plus any additional costs or loses incurred in making the amendment.
20.4 Note that if the reason for your cancellation is covered under the terms of your personal travel insurance policy (see Section 6), you may be able to reclaim these charges.
20.5 You understand that any sporting event is just one element of your sporting break and we are not responsible for any cancellation or amendment by the third-party suppliers of the sporting event. We have no responsibility for any such cancellation and any cancellation shall have no effect on your booked travel arrangements, accommodation or any other element of your sporting break arranged by us. It is therefore important that you review the sporting event’s specific amendment and cancellation policy.
21. Amendment or cancellation by the hotel
21.1 In the event of an amendment or cancellation by the hotel, we will inform you as soon as reasonably possible. If the hotel offers alternative accommodation or a refund, you will need to let us know your choice within the time frame stipulated by the hotel. If you fail to do so the hotel is entitled to assume you wish to receive a full refund.
22. Our liability to you
22.1 Your contract is with the hotel and its booking conditions apply. As agent, we accept no responsibility for the provision of the accommodation (including all facilities and services) by the hotel. Our responsibilities are limited to making the booking in line with your instructions. We also do not accept responsibility for any information about the hotel that we pass on to you in good faith.
22.2 To the extent permitted by applicable law, we will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in these booking conditions will limit or exclude our liability to you for personal injury or death caused directly by our negligence.
22.3 In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to three times the cost of your booking or the appropriate proportion of this if not everyone on the booking is affected.
Section C – Applicable only to Package Bookings
23. Your Contract with us
23.1 When you make a Package Booking with us, your contract will be with us.
23.2 Your package contract includes all the travel arrangements that we make for you including your hotel stay, transport and transfers and any other travel services that are stated on your booking confirmation (see Section 4 “Booking and Booking Confirmation”).
23.3 You can make bookings for car hire, transfers, bike transport, airport parking and equipment hire, insurance and flights with some leading travel providers using our links to the websites of these providers in the Additional Services section of our website. Please see our Terms of Use, which apply in relation to the third-party websites listed. Any bookings you make with these providers are made directly with the providers via their websites. They do not form part of your booking with us and are governed by the terms and conditions of the third-party provider which are on the website of the provider or available from the provider on request. We do not have any liability whatsoever in relation to any services that you book with these third-party providers.
24. Price
24.1 After your booking is confirmed, we may vary the price of your break directly as a consequence of variations in: (i) the cost of carriage of passengers resulting from the cost of fuel or other power sources, (ii) the level of taxes (including VAT) or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) the exchange rates applied to your break. No price variation will be made less than 20 days before the start of your break.
24.2 If any price variation means that you have to pay an increase of more than 8% of the price of your package, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value) or cancelling and receiving a full refund of all monies paid.
24.3 If you do not respond to our notification of price change, we shall be entitled to terminate your contract and provide you with a full refund. You may be entitled to additional compensation pursuant to clause 21 if you do not accept a substitute holiday and cancel the contract.
24.4 Should the cost of your holiday go down due to the cost variations mentioned above that occur prior to the start of the package, then you have a right to a price reduction corresponding to any decrease in such costs. 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.
25. Cancellations/Amendments by You
25.1 If once the booking confirmation has been issued, you wish to change your booking in any way (for instance to the numbers of persons in your group booking, transfer your break to another person) or cancel your break, the person who originally booked the break (the lead name) must notify us in writing by email or post.
25.2 We may incur losses and costs in cancelling confirmed bookings, particularly if cancellations occur close to the departure date, and in these circumstances, you will be charged a cancellation fee reflecting the losses and costs we incur.
If you cancel your break or the number in your group booking reduces before the Balance Due Date, we have the right to retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee.
If you cancel on or after the Balance Due Date we may charge you a cancellation fee which is up to an amount equal to the balance of the price of your break depending on the cancellation costs we incur to our suppliers, how close your cancellation is to your departure date and our ability to resell cancelled
bookings.
If you have already paid your balance at the time of cancellation, we will be entitled to retain the cancellation amount from the balance paid and will refund to you the difference (if any).
Please contact mailto:contactus@nirvanaeurope.com or your allocated customer service agent assigned by us prior to confirming your break in order to find out your hotel or sporting events specific cancellation policy. Note that if the reason for your cancellation is covered under the terms of your personal travel insurance policy (see Section 6), you may be able to reclaim these charges.
25.3 All amendments are subject to availability and whilst we will do our utmost to make your requested changes, it may not always be possible to fulfil your request. We will try to facilitate a transfer of your booking to another person provided that we receive 14 days’ notice prior to the departure date and that the person to whom you wish to transfer satisfies all the conditions of the break. We may require satisfactory evidence before agreeing to the transfer. For all amendments and transfers, you will require you to pay any additional fees, charges or other costs arising from such amendment or transfer. 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. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply. If you wish to transfer or change your Package Booking, an amendment fee of £25 per person will apply.
25.4 You may cancel your break due to Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity and which significantly affect (a) the performance of the package or (b) the carriage of passengers to the destination, without liability for cancellation charges.
26. Cancellations/Amendments by Us
26.1 Occasionally, we have to make changes to, and correct errors published in our brochures and on our website both before and after bookings have been confirmed, as well as cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will not cancel your booking after the Balance Due Date, except due to Unavoidable and Extraordinary Circumstances (as defined in Section 9) or failure by you to pay the final balance by the Balance Due Date.
26.2 Most changes are minor and we will advise you of them at the earliest possible date. Occasionally, we have to make a “significant change” and we will tell you of any such change as soon as reasonably possible. Examples of a significant change include, but are not limited to, change of date of the sporting break, change of venue of the sporting break, change of the sporting event itself or the removal of certain elements of the sporting break. If we make a significant change to your break or cancel your break, we will offer you the choice of the following options:
(a) accepting the changed arrangements (with a price reduction if appropriate); or
(b) purchasing an alternative break from us, if available. (We will try to offer you an alternative break of equivalent or higher standard for which you will not be asked to pay any more than the price of the original break. If we can only offer you an alternative which is cheaper than the original one, we will refund the price difference); or
(c) cancelling (or accepting our cancellation) in which case you will receive a full refund of all monies you have paid to us.
26.3 In addition, if we have to make a significant change to or cancel your booking, we will pay you additional compensation, if appropriate. However, additional compensation will not be payable where we are forced to make a change or cancel as a result of Unavoidable and Extraordinary Circumstances (as defined in Section 9); if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time); or if we state in the contract that a minimum number of persons is required in order to operate the break and we do not reach that minimum number within the period specified.
26.4 Any amendment or cancellation fees you incur in terms of other agreements you have made with other providers under separate contracts are not claimable from us.
26.5 If any air arrangements included in your booking with us are altered due to Unavoidable and Extraordinary Circumstances (as defined in Section 9), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type or seating plan of the aircraft utilised will be the same as originally booked.
26.6 You understand that any sporting event is just one element of your sporting break and we are not responsible for any cancellation or amendment by the third-party suppliers of the sporting event. We have no responsibility for any such cancellation and any cancellation shall have no effect on your booked travel arrangements, accommodation or any other element of your sporting break arranged by us. It is therefore important that you review the sporting event’s specific amendment and cancellation policy.
27. Our Liability to You
27.1 We promise to make sure that the travel services comprising your package that we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted booking arrangements and, in the case of your contracted booking arrangements not being provided as promised or proving to be deficient, that this has affected your enjoyment of your break. Please note it is your responsibility to show that reasonable skill and care has not been used and that your enjoyment of the break has been affected if you wish to make a claim against us. You must also notify us without undue delay of any lack of conformity that you perceive during the performance of your package travel contract. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
27.2 We will not be liable to pay compensation for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description if we prove that the lack of conformity claimed is:
(a) attributable to you (or any member(s) of your party);
(b) attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or
(c) due to Unavoidable and Extraordinary Circumstances.
(d) However, in these circumstances, we will still provide you with prompt assistance if you are in difficulty (see sub-paragraph (8) below).
27.3 We do not accept responsibility or liability for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website or in any of our brochures as being included in the price of your break and we have not agreed to arrange them. This also includes services that you have purchased or booked with a third-party provider through the Additional Services section of our website.
27.4 The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question were properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the UK laws and regulations that would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable customer to refuse to take the break in question.
27.5 Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. In addition, where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited in accordance with:
(a) the contractual terms of carriage of the companies that provide the transportation for your break (and such terms are incorporated into this contract); and
(b) any applicable international convention, for example, the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
27.6 Copies of the contractual terms of the suppliers of your break and the applicable international conventions are available from us on request.
27.7 Under European regulations, in the event of denied boarding, cancellation or delay to your flight after you have checked in, you may be entitled to compensation from your airline. If you are unhappy with your airline’s response, you may complain to the Air Transport User’s Council (telephone 0207 240 6061). Any entitlement to compensation from us shall be offset by any payment made to you by your airline or third party.
27.8 We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description which (a) on the basis of the information given to us by you concerning your booking prior to our confirming it, we could not have foreseen you would suffer or incur if we breached our contract with you and (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we do not accept liability for any business losses, including loss of profit.
27.9 You must provide us and our insurers with all the assistance that we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint (see Section 5 “Complaints” above). If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
27.10 Where you are in difficulty during your break, we will give you prompt assistance without undue delay, even if caused by Unavoidable and Extraordinary Circumstances, in particular by, providing appropriate information on health services, local authorities and consular assistance; and assisting you to make distance communications and helping you to find alternative travel arrangements.
27.11 You may be entitled to the cost of necessary accommodation pursuant to and in accordance with the limits set out in the Regulations where we are unable to ensure your return because of Unavoidable and Extraordinary Circumstances. Any entitlement to receive any such payment from us shall be offset by any payment made to you by your airline or third party.
28. Passports, Visas and Health
28.1 We offer guidance on our website on passport and visa requirements for British citizens, including approximate periods for obtaining visas. It is your responsibility to ensure that you have the correct travel documentation for your destination and we do not accept any liability if you are refused transportation by any carrier or entry into any country due to your failure to carry correct documentation for your travel requirements, including transportation of equipment for the sporting break.
28.2 If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
28.3 The Foreign and Commonwealth Office provides up to date information to help you make an informed decision about travelling abroad. Visit www.gov.uk/foreign-travel-advice for further information.
28.4 Health requirements for travelling abroad change, and you should check the up-to-date position in good time before departure by visiting the travel advice section on the Department of Health’s website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can advise you on any compulsory health requirements if you are travelling abroad for your break.
29. Your Financial Protection
ABTA Member
29.1 We are ABTA bonded. We are a member of ABTA (The Travel Association) with membership number Y1059, the UK’s premier trade association for tour operators and travel agents. Our membership of ABTA acts as an assurance to our customers of the high standards which we offer allowing you to book with confidence. All the package holidays we sell are covered by a scheme protecting your money in the event of our insolvency. Other services such as hotels or flights on their own may not be protected and you should ask us what additional protection and insurance cover is available. As a member of ABTA we are subject to the ABTA Code of Conduct. Please visit www.abta.com/about-us/code-of-conduct for further details.
29.2 We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct (www.abta.com/about-us/code-of-conduct). We can also offer you ABTA’s scheme for the resolution of disputes arising out of this contract which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on ABTA’s website at www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
29.3 Other packages: Excluding any monies paid towards your sporting event’s entry fee, all other monies that you pay to us for sporting breaks that do not include flights are financially protected in the event of our insolvency by a bond with ABTA – The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. This means that if, in the unlikely event of our insolvency, your package can’t be provided, you will receive a refund of any money that you have paid to us in advance of your booking, or if your break has started, arrangements will be made for you to be repatriated.
ATOL Protection – Applicable to any booking which includes a flight
29.4 We provide financial protection under the ATOL scheme. All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure everything you book (flights, hotels and other services) is correctly, accurately and completely listed on it. Please see our booking conditions below for further information or for more information about financial protection and the ATOL certificate you can visit www.caa.co.uk.
29.5 Flight packages: We provide full financial protection for our flight packages, by way of our Air Travel Organiser’s Licence number 6985, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk. When you buy an ATOL protected flight inclusive package 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.
29.6 We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on your ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the suppliers 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 to 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).
29.7 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 claimed under the ATOL scheme. For further information please visit the ATOL website at www.atol.org.uk.
