TERMS AND CONDITIONS 2021
Below you will find our Booking Conditions on which we will arrange a booking for your flight, accommodation, transfer, excursion, ticket or holiday requirements (the ‘Arrangements’):
The combination of travel arrangements offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Travelodeal Limited will be fully responsible for the proper performance of the package as a whole.
We are Travelodeal Limited (hereinafter known as Travelodeal),a limited company incorporated in England trading as a Travel Organiser and Travel agent (company number 09061889) whose registered office address: 8th Floor, Becket House, 36 Old Jewry, London, EC2R 8DD, United Kingdom (“we”, “us”, “our”). We hold an Air Travel Organiser's Licence (ATOL) number 11601 granted by the Civil Aviation Authority ('CAA').Travelodeal.com is a trading name of Travelodeal Limited.
References to “you” and “your” in these terms means you, the traveller or purcahser of Travel and any other person in your party. It is your responsibility to read the carefully as they set out respective rights and obligation. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Our role in your booking
We have created a package where we act as a Travel Organisor and where a single receipt is issued to you for the total package price. Once your package holiday has been confirmed by us, we will accept responsibility for it in accordance with these Booking Conditions as a Travel Organisor and such package will be called “ Single Package Contract”.
We act as an agent where you make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 4 below for further information as to the circumstances in which we will still be acting as a Package Organiser).
As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and whether you book a “Single Element Booking” or a “Multi-Contract Package” and we have tried to set them out below as clearly as possible.
References to “Travel Arrangement(s)” in these Terms and Conditions are to the accommodation, flights, transport, activities, excursions and other services we feature on our website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements, including but not limited to accommodation providers, transfer providers, car hire companies, airlines, tour operators and attraction providers.
For bookings with most airlines we will act only as your agent in making your booking. For all other bookings we act as agent on behalf of the Supplier/Principal.
You can book hotel only with us as a single element booking. This will differ from a package holiday and have no rights or protections of package holidays according to Package Travel and Linked Travel Arrangements Regulations 2018. We shall always act as an agent on account of the provider or principal of the accommodation for single element bookings.
As an organiser, we may create our own packages as agent for the various travel service suppliers. In that case these Terms should be read in conjunction with our Package Holiday Booking Conditions and the Terms and Conditions of the travel service suppliers.
Your holiday booking
A booking will exist as soon as we issue our confirmation invoice. This booking is made on the terms of these booking conditions. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
When making your booking for your package holiday we will arrange for you to enter into contracts with the principal(s) or other supplier(s) (e.g. tour operator/airline/accommodation Company) that are providing your travel services, named on your confirmation(s), for whom we act as agent. We are the package organiser, with responsibilities to you as set out in these Booking Conditions.
As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 4 for further information), in which case we will accept responsibility for those Travel Arrangements as Package Organiser.
Prior to booking, you will be advised who is the organiser of the travel arrangements and who is fully responsible for the proper performance of the package. The organiser may be Travelodeal Limited or a tour operator whereby Travelodeal may act as an agent on your behalf.
1. Application of These Booking Conditions
Your booking through us (either online or via telephone) is subject to these terms and conditions. A binding contract will come into existence between us once we will receive your appropriate payments (see clause 6 below) and we have issued you with the booking confirmation that will confirm the details of your booking and will be sent by email or if no email has been provided, the confirmation for the booking will be sent to you by first class post. If any part of our contract with you is found to be invalid or unenforceable, then the remainder of it will not be affected and will remain valid and enforceable.
When making your booking for your package holiday we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (airline/cruise company/accommodation company) named on your confirmation(s) for whom we act as agent. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them other than as set out in these Booking Conditions. The principal’s(s’) or supplier’s(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.
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions and agree on behalf of everyone travelling in your party to be bound by them. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the 'lead name' for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.
Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted these booking conditions.
No variations or alterations to these Booking Conditions shall be valid unless agreed by us in writing.
You will be required at the time of booking to pay us a non-refundable deposit, typically 20% of the quoted holiday price, and the full holiday price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 20%. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 8.3).
The Travel Providers whose services make up your Arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement 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 these terms and conditions will be sent to you with your email confirmation documentation. Please note that the terms and conditions we send with single-contract packages are to supplement and elaborate on these terms where necessary; but those that we send with multi-contract and single element bookings form the basis of your contract for the supply of your Arrangements.
2.Law and Jurisdiction
This contract is governed by English Law and the exclusive jurisdiction of the English courts. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.
3. Financial ProtectionWe provide full financial protection for our package holidays booked through us:
(a) Book with confidence. When you buy an ATOL protected flight or flight inclusive package through 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. We provide financial protection for your monies when you buy a flight or flight inclusive package organized by Travelodeal.
Many of the flights and flight-inclusive holidays found on this website are financially protected by the ATOL scheme. But this ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive and ATOL Certificate but all parts of your trip are not listed on it, those parts will not be ATOL protected.
(b) We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
(c) 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For avoidance of doubt, we act as an agent on behalf of the suppliers. However we assure that financial protection is fully provided as per our obligation under the regulation.
(d) Please note when you buy a package holiday that does not include a flight, your financial security will be provided by way of a bond held with ABTA.
If you buy a holiday other than a package holiday organized by us, your monies may not be financially protected. Please ask us for further details.
A copy of the Package Travel and Linked Travel Arrangements Regulations 2018 can be found at http://www.legislation.gov.uk/uksi/2018/634/contents/made
If after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, we will not be responsible for the proper performance of the individual travel services. In case of problems, please contact the relevant service provider.
However, if you book any additional travel services during the same visit to or contact with our company, the travel services will become part of a linked travel arrangement. In that case we have, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to us for services not performed because of us insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
4. Where we act as an agent
We will be acting as an agent in respect of following types of booking:
(A) When you have made your own flight or other travel arrangement without our assistance which is called “Accommodation only”.
(B) Package holiday where all the elements of that package holiday have been put together by a disclosed Tour Operator or disclosed supplier.
(C) Flights, accommodation or any other services which have been purchased separately from different disclosed suppliers at your request, which would be a Linked Travel Arrangement (LTA), or if purchased at the same time, a Multiple Contract Package.
Where your booking is for a Multi-Contract Package, 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 Agency Terms of Business.
A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:
(a) transport; or
(b) accommodation; or
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and
(d) any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website and 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 “package” or a similar term.
This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, Travelodeal Limited, will accept responsibility for this booking as a Package Organiser.
IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:
do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Element” bookings and will not be afforded the benefit of the rights under the PTRs.
Where you have booked a Multi-Contract Package, we will be acting as an agent on behalf of the Supplier/Principals of your chosen Travel Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser.
We are a Member of ABTA and our membership number is P8297. We are obliged to maintain a high standard of service to you according to ABTA's Code of Conduct. All the package holidays we sell are covered by a scheme protecting your money if the supplier fails. Other services such as hotels only or flights on their own may not be protected and you should ask us what protection is available. We can 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. 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.
6. Pricing and Payment for bookings
You will be notified at the time of booking of the price of your holiday. What this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.
6.1 Payment for bookings
You will be required at the time of booking to pay us a non-refundable deposit, typically 20% of the quoted holiday price, and the full holiday price of a booking should be made at least 13 weeks prior to departure. In certain circumstances full payment is required if you are booking within 13 weeks of departure or if full payment is required at the time of booking due to the terms of the deal. We reserve the right to return your deposit/full payment and decline to issue a confirmation at our absolute discretion. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 8.3). Please note that an administration fee will be applied to every payment you make under the deposit and instalment schemes and these are non-refundable in the event of any cancellation by you. Each separate payment will incur an administration fee of £2.90.
6.2 Changes to the Price
TRAVELODEAL LIMITED EXPRESSLY RESERVES THE RIGHT TO AMEND ADVERTISED PRICE AT ANY TIME PRIOR TO CONFIRMATION AND CORRECT ERRORS IN THE PRICES OF CONFIRMED HOLIDAYS.
We will do our best to ensure that all pricing and other information are accurate. However, it is always possible that prices quoted on our websites may vary from those quoted over the phone for the same package or product you enquired with us as they are constantly updated online. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 16.
Once we have sent you a booking confirmation, we will only change the price of your holiday if there is a change or increase
In any one or more of the following:
(a) Transportation costs (including flight supplements and the Cost of fuel);
(b) Dues, taxes or fees payable, such as landing taxes or embarkation or disembarkation fees at ports and airports or
(c) Increase or decrease or our costs increase or decrease as a result of any adverse or favorable changes in the exchange rates which have been used to calculate the cost of your arrangements.
(d) In the event of a significant change including any alteration of your outward/return flights by more than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. We will only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your Package, together with a calculation and an explanation for this change.
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 and/or any additional services or travel arrangements. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of your confirmed holiday prices, 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, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements.
Should you decide to cancel: 1) you must do so within the time period shown 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 the cost of your holiday increases by more than 10% you may cancel the holiday, provided that you notify us within seven days from the date you receive the confirmation or invoice with the increased amount. We will refund you the full amount paid by you to Travelodeal Limited towards your booking.
The Company is under no obligation to give a breakdown of the costs involved in a holiday
7. Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we and your travel agent 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. We must pass the information on to relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. 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 on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities, or dietary / religious requirements. If we cannot pass this 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. Where information is also held by your travel agent, this is subject to your agent’s 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. We may make a small charge for providing this to you.
8.Changes or Cancellation by You
8.1. Changes by You
You may transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing at least seven days prior to your due date of departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer. We will charge an administration fee as set out in (c) below for arranging the transfer and other costs or additional fees may also arise, which you will have to agree to pay before the transfer can be made. For example, certain airlines and other Travel Providers treat changes as a cancellation and charge accordingly - up to 100% of the cost for that part of the arrangement. Where applicable, these charges will be passed on to you. Any Travel Provider charges are in addition to the charges we levy as an amendment fee as detailed below.
Please Note: Certain suppliers, and in particular airlines, will treat a name change as a cancellation and require a new booking to be made at the prevailing prices and administration charge.
(b) Other changes
If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. Since we and the Travel Providers incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below and/or as shown in the applicable Travel Provider’s booking conditions. We require your authority in writing before we can make any change. If a change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
When changing your holiday booking details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking.
Some arrangements cannot be removed once they have been added to your booking. Certain extras, such as excursions, theme park tickets may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking.
Where we and the travel supplier are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
(c) Administration fee
In each of the above circumstances, an administration charge will be payable of £50 per person where your request is received by us 60 days or more prior to your date of departure and £75 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable. If amendments are required within 60 days of departure cancellation charges may apply in addition to an administration charge of up to £75 per person. Where the request is received less than 7 days prior to your date of departure, 100% cancellation charges will apply.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing, or in the case of a group booking, the authority in writing of the lead name to do so.
Our cancellation charges will apply (see the table 'cancellation charges' at paragraph 8.3 below). These are calculated with reference to the date on which we receive your authority in writing.
If you cancel your booking, we may charge the cancellation charges outlined in their terms and conditions (which may be 100% of the cost of the travel arrangements) along with our administration fee as detailed in this clause. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.
In the event that you do cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph, you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
8.3. Cancellation charges
Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price):
|More than 80 days||Loss of deposit|
|45–80 days before departure||50% of holiday cost|
|16 – 44 days before departure||75% of holiday cost|
|7 – 15 days before departure||90% of holiday cost|
|7 days or less before departure||100% of holiday cost|
Non refundable rooms cancelled will incur a 100 % charge from the time of booking along with our administration fee as detailed out in this clause.
Flight bookings will incur 100% cancellation charges from the time of booking along with our administration fee as detailed out in this clause3.
9. If We Have to Change or Cancel Your Holiday
9.1 Cancellation by Us
Whilst we always endevour to avoid changes or cancellations, we reserve the right to cancel your booking on behalf of the travel supplier(s). We will not cancel less than 8 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn't been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled.
If your holiday is cancelled, you can either have a refund of all the monies paid or accept an alternative holiday of comparable standard from other services we offer (we will refund any price difference if the alternative is of a lower value).
9.2 Changes to the Price
We can change your holiday price after you've booked but only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 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. If this results in an increase equivalent to more than 8% 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 (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all money paid, except for any amendment charges.
Should you decide to cancel :
(1) You must do so within the time period shown on your final invoice
(2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.
9.3 Changes other than the price
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant 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.
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
We will contact you and you will have the choice of accepting the change or having a refund of all money paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
Please note, the above options are not available where any change is minor one.
10. Our Liability to You
We have a liability to you for the performance of the Travel Services included in your Package booking under the Package Travel Regulations, irrespective of the fact that such Travel Services are to be performed by the Service Providers or the principal suppliers.
(a) You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or by the travel service suppliers and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or reasonable compensation or both subject to clause C and clause D of this clause. Please note that it is your responsibility to show that we or the Travel Providers(s) have been negligent in performing or arranging the Arrangements if you wish to make a claim against us.
(b) Where you have booked a travel services on its own as a Single element booking or you have booked package holiday where all the elements of package holiday have been put together by disclosed Tour operator or disclosed supplier, your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel 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 the commission we earn on 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.
(c) We will not be responsible, make a price reduction or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from: We will not be responsible, make a price reduction 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 acts and/or omissions of the person affected; or (ii) the acts and/or omission of a third party unconnected with the provision of the travel services in the package and which were unforeseeable; or (iii) Force Majeure (as defined in clause 16)
We will not be responsible, make a price reduction or pay compensation (i) 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 while away, or any service or facility which your hotel or any other supplier agrees to provide for you; OR (ii) 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 arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
(d)We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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 assumed to have adequate insurance in place to cover any losses of this kind.
(ii) Claims covered by an International Convention
When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions and those 'Conditions of Carriage'. The extent of or the conditions under which compensation is to be paid or liability accepted 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 us for copies of these Conventions. Please contact us for the same. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. 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.
Please note: 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.
(iii) Any other claims not falling under (i) & (ii) above and which don’t involve injury, illness, death or damage caused by us or any Travel Provider intentionally or negligently; or other liability that can’t be limited by law
(iv) If you are granted compensation or a price reduction by another party in relation to the same Failure which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.
(v) Our liability will also be limited in accordance with the contractual terms of the Service Providers which provide the transportation element of your Package Holiday and in an identical manner as if such limitations applied directly to us.
(vi) The maximum amount we will have to pay you in respect of all such claims relating to bookings of Holiday Packages where we act as a Principal is three times the price paid by or on behalf of the person(s) affected in total. The maximum amount we will have to pay you in respect of all such claims relating to bookings which we act as an agent is and amount equivalent to the price paid by or on behalf of the person(s) affected in total. These maximum amounts will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your Arrangements.
11. Holiday Insurance
We clearly instruct all our travelers to have Travel Insurance prior to travel; we recommend this is purchased along with your holiday for immediate coverage. It is a requirement when booking your holiday that you either accept the travel insurance recommended by us or alternatively at that time you must arrange a policy providing at least comparable cover. You must be satisfied that your insurance fully covers all your personal requirement including pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in the event of accident or illness. Insurance purchased through us is non-refundable and is excluded from cancellation. All claims must be sent directly to claims department‘s address shown on your insurance certificate.
If you choose 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.
12. Your Responsibility
(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. 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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Some countries (particularly in Southern Africa) require your passport to have two blank pages for a visa stamp. As a result, if you are travelling in more than one country that requires this you will need to have more blank pages - for example, if you visit South Africa and Namibia, both of which require two free pages, and re-enter South Africa to fly home, you would need six blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport.
(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor's certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet any requirements.
13. Your Behaviour
You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of your holiday if you or any member of your party is drunk or under the influence of drink or drugs; if we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or If in our opinion or in the opinion of any Travel Provider or other person in authority, cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation in any manner whatsoever which presents a risk to you or others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in the UK or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organization which is running the activities which you do while on holiday. It is possible that such organizations will require you to sign a waiver form in respect of the activity being carried out.
14.1 If you have a problem or complaint during your holiday, please inform the relevant supplier (for example the hotel owner/local contact detailed on voucher) immediately. They will try and rectify the problem immediately. However, if the problem or complaint is not resolved to your satisfaction, please contact our customer services team by way of email or phone within 28 days of end of your holiday who will try to assist you on behalf of the suppliers. We cannot accept any complaints sent by fax, or received outside the 28 days period. Please keep your letter/email concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
14.2 In the event of a problem or complaint involving the negligence of any of our suppliers, subcontractors or agents (as opposed to any negligence on our part or on the part of any of our employees acting within the course of their employment) we cannot accept any liability, if you do not report the complaint during the tour, or to the supplier (in accordance with the procedure set out above).
14.3 We aim to respond to any complaints within 28 days, although this can sometimes take longer as we have to investigate and may need to wait for replies from suppliers or other third parties. Any dispute or claim which arises out of (or in connection with) your contract or holiday must be dealt with under the courts of England and Wales only. It is only these courts that will have any jurisdiction to hear any claims made under or relating to it.
14.4 Please note should your party leave a hotel earlier than the duration booked; you will receive no refund of the cost of the unused nights. In the unlikely event that you are not satisfied with the accommodation reserved on your behalf by Travelodeal, it is a strict booking condition that you contact our local agent immediately who will try to resolve the matter in resort. If the matter cannot be resolved locally, please contact our customer service team by way of email or phone and we will endeavour to make alternative arrangements (if applicable and/or possible.) No complaint can be considered upon return to the UK unless first reported to the local contact shown on your accommodation voucher.
14.4 If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on tour, and this will affect your rights under this contract.
14.5 If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the ABTA Alternative Dispute Resolution (ADR) scheme, accessed here www.abta.com or you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr.
15. Passport, Visa and Health Requirements
You should ensure that you allow sufficient time (please check with the relevant embassy for suggested application process time) to apply for a passport. As a guideline, a full British passport presently takes approximately 4-6 weeks to obtain. During peak periods, we may charge a supplement to process visas above and beyond what we have stated. It is the passenger’s responsibility to ensure that they possess all relevant travel documents prior to departure of their scheduled tour. If for any reason the tour participant is unable to travel/secure visas due to incomplete travel documentation or appointments after booking and confirmation of tour, the tour participant will be subject to the cancellation policy as stated in these terms and conditions.
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.
Information on health is contained in the Department of Health, leaflet T6 (Health Advice for Travelers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a completed and issued European Health Insurance Card (EHIC). Information on the EHIC is available at www.dh.gov.uk or from your local Department of Health office
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.
16. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or give you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken (“Force Majeure”). These events can include, but are not limited to war, threat of warfare, civil strife, act of terrorism (and its consequences or the threat of such activity),significant risk to human health such as outbreak of serious disease at the travel destination 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, lock closure, riot, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
Brexit Implications: Please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
17. Special Requests
If you have any special requests, you must advise us at the time of booking (e.g.diet, room location, a particular facility at a hotel etc.).Whilst we will endeavour to pass any reasonable requests on to the relevant Supplier, no guarantee that any request will be met can be given and we will have no liability to you if they are not.
If you request confirmation in writing that a special request has been noted or passed on to the Supplier or request the inclusion of the special request on your confirmation invoice or any other documentation please note this is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
18. Medical Problems and Disabilities
If you or any member of your party has any medical problem or disability which may affect your booking or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you make your booking so that we can do our utmost to cater for any special requirements you may have. In any event, you must give us full details in writing at the time of booking and also whenever any change in the condition or disability (if any) occurs. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. You must also promptly advise us if any medical problem or disability which may affect your arrangements develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, they reserve the right to decline the reservation or, if full details are not given at the time of booking or the problem / disability develops after booking, cancel when we become aware of these details.
19. COVID-19 Information Update
Please Note: In response to the ongoing COVID-19 pandemic, our accommodation suppliers may be required to implement various policies and procedures in an effort to limit the spread of COVID-19. These policies and procedures are put in place for the safety of guests and may result in some facilities that are ordinarily provided being subject to restrictions, changes or otherwise not being available at all (this may particularly be the case during peak times, where certain facilities would otherwise be busy). Where we are able to, we will provide you with information about any such changes as soon as reasonably possible after we become aware of the same. Please also note that any change to the availability of facilities at your chosen accommodation arising as a result of the COVID-19 pandemic will not be classed as a ‘significant change’ to your booking.