Travel Package Booking Terms and Conditions
Bookings made from 1st December 2024
For Ashes Travel Package Booking Terms and Conditions, click here.
These Booking Conditions, together with the Barmy Army Privacy Policy, Membership Code of Conduct and Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Destination Sport Limited, trading as Barmy Army Travel, a company registered in England with company number 09564446 and registered office address of 4th Floor Churchgate House 56 Oxford Street Manchester M1 6EU (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Definition of a Travel Package
Where your booking is for a travel package that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in these Booking Terms and Conditions.
A “Travel Package” exists if you book a combination of two of the following separate travel services:
transport;
accommodation;
rental of cars, motor vehicles or motorcycles (in certain circumstances);
any other tourist service not intrinsically part of one of the above travel services, including tickets to sporting events;
provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “travel package”, or a similar term.
2. Booking & Paying for Your Arrangements
A booking is made with us when you pay us a deposit (or full payment, if you are advised that full payment is required at the time of booking) and we issue you with a booking confirmation.
We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
Names on travel documents must exactly match those in your passports. Unless we are responsible for the mistake, we will not accept liability if an airline or other supplier refuses boarding, or your participation in any activities, because the name(s) shown in your passport differ from those on your ticket.
The balance of the cost of your arrangements (including any applicable surcharge) is due within the time frames notified to you, at the time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Your booking, whether with Barmy Army Travel or an authorised agent will include membership of the Barmy Army and you will receive correspondence from us with respect to your membership. However, when you book your holiday through an authorised travel agent, all communication about your travel package between you and us will be made through that agent, as such please contact your agent in the first instance, as no changes can be made to your booking unless they are done through your agent.
3. Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
4. Accuracy of Advertising Material
We endeavour to ensure that all the information and prices both on our website and in our advertising material are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
5. Travel Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
7. Special Requests
If you have any special request, you must advise us in writing at the time of booking e.g. diet, room location, a particular facility at a hotel or seat at an event etc. You should then confirm your requests in writing. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your booking confirmation or any other documentation is not confirmation that the request will be met.
Unless and until specifically confirmed, all special requests are subject to availability. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as ‘standard’ bookings subject to the above provisions on special requests.
8. Complaints
We make every effort to ensure that your travel package runs smoothly, but should you have any complaints about any aspect of your booked arrangements, you must inform the relevant supplier (e.g. your hotelier) and /or our local representative (where applicable) immediately who will endeavour to put things right. If your complaint is not resolved locally, please call us on 01932 770077 or alternatively e-mail us via in**@ba*******.com or, where we will look to resolve your complaint.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us via e-mail to in**@ba*******.com, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 13 for further details.
9. Disabilities and Medical Problems
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
10. Excursions
Excursions or other tours that you may choose to book or pay for whilst you taking part in your booked arrangements are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
11. Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your travel package. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine -readable passports. Please check https://uk.usembassy.gov. For European itineraries you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non-British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
12. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control (see clause 6).
13. ABTA
We are a Member of ABTA, membership number Y6767. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes 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 www.abta.com.
14. Pricing of Travel Packages
We reserve the right to amend the price of unsold travel packages at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:
the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees chargeable for services applicable to the travel package imposed by third parties not directly involved in the performance of the travel package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
the exchange rates relevant to the travel package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents) and any other transport providers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
However, if this means that you have to pay an increase of more than 8% of the price of your confirmed travel package (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another travel package 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 cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
Should the price of your travel package go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. 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.
There will be no change made to the price of your confirmed travel package within 20 days of your departure nor will refunds be paid during this period.
15. If you Change or Transfer your Travel Package
If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £10 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 17.
16. Transfer of Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
that person is introduced by you and satisfies all the conditions applicable to the travel package;
we are notified not less than 7 days before departure;
you pay any outstanding balance payment, an amendment fee of £10 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 17 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements such as airline tickets may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
17. If you Cancel your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person booking price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
| Period before departure date on which you notify us | Cancellation Charge |
| More than 56 days | Loss of Deposit or 25% of booking cost (whichever is greater) |
| 56 to 29 days (inclusive) | 75% of booking cost |
| 28 days or less | 100% of booking cost |
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
18. Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed booking before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your travel package destination or its immediate vicinity and significantly affecting the performance of the booking or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
19. If we change or cancel your booking
As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your booking, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the travel package maybe subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
A change of accommodation area for the whole or a significant part of your time away*.
A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away*.
A change of outward departure time or overall length of your arrangements by more than 12 hours.
A change of UK departure airport except between:
The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
The South Coast airports: Southampton, Bournemouth and Exeter
The Southwestern airports: Cardiff and Bristol
The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
The Northern airports: Liverpool, Manchester and Leeds Bradford
The North Eastern airports: Newcastle and Teesside
The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
A significant change to your tour itinerary, missing out one or more event entirely.
Cancellation: We may cancel your travel arrangements for reasons including but not limited to
Events Beyond Our Control or failure by you to pay the final balance.
We may cancel your booking if the minimum number of clients required for a particular travel arrangement is not reached. Where we cancel due to a failure to obtain minimum numbers we will do so no later than the following dates:
in the case of trips lasting more than 6 days, 20 days before the start of the travel package;
in the case of trips lasting between 2 and 6 days, 7 days before the start of the travel package;
in the case of trips lasting less than 2 days, 48 hours before the start of the travel package.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
- (for significant changes) accepting the changed arrangements; or
- having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative travel arrangements (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
20. Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
If we cancel your booking and no alternative arrangements are available.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
| Period before departure in which we notify you | Amount you will receive from us (per person)* |
| More than 56 days | £20 |
| 56 to 29 days (inclusive) | £30 |
| 28 days or less | £40 |
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
where we make a minor change;
where cancellation is due to a failure to obtain minimum numbers, within the timeframes set out above;
where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
where we have to cancel your arrangements as a result of your failure to make full payment on time;
where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 6).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
21. Our Responsibility for your Booking
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your booking confirmation. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your travel package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your travel package. 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.
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:
the acts and/or omissions of the person affected; or
the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
Events Beyond Our Control (as defined in clause 6).
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) 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 up to three times 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.
Claims in respect of international travel by air, sea and rail, 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.
In any circumstances in which a carrier is liable to you by virtue of the EC Regulation 261/2004 (denied boarding and flight disruption), 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.
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 us 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.
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; or
relate to any business;
indirect or consequential loss of any kind.
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our travel packages. 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.
Where it is impossible for you to return to your departure point as per the agreed return date of your travel package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your tour. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
22. Financial Protection
We provide financial security for flight-inclusive travel packages by way of our Air Travel Organiser’s Licence number 12127, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: cl****@ca*.uk.
When you buy an ATOL protected product 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection for 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 and European Economic Area (EEA).
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
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.
We provide full financial protection for our Package holidays which don’t include flights, by way of a bond held by ABTA Ltd. The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk – Membership No’s: Y6767.
23. Conditions of Suppliers
Many of the services which make up your travel package 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.
24. Prompt Assistance for Travel Packages
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
25. Delays, Missed Transport Arrangements and other Travel Information
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.
Under UK/EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK/EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your booking price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 6 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown on our website and detailed on your booking confirmation are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
26. Your Conduct
We reserve the right to refuse to accept you as a travel customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, contravene the conditions set out in our membership code, or put any other traveller or our staff or agents in the UK or resort in any risk or danger, on the telephone, in writing or in person.
If the Captain of your flight or cruise ship, or any other third party supplier, or any of our resort staff or agents believes that you could be disruptive or that you are suffering from a contagious disease or fail to follow the requirements they have of you, they can also refuse to let you proceed with your travel arrangements, restrict your movements on board, disembark you from a ship or aircraft, or remove you from your accommodation or excursion.
If you are disruptive and prevented from boarding your outbound flight from the departure destination, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see clause 17). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
If you are refused carriage because of your behaviour, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you.
As a result of your behaviour during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
27. Law and Jurisdiction
Your contract with us and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or travel package, will be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings may be brought in the Courts of your home country if you wish to do so. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable. If you do not so choose, English law will apply.