Terms
& Conditions
Introduction:
Loveholidays is a trading name of We Love Holidays
Ltd, with registered office at 5th Floor, 3 Shortlands, Hammersmith, London, W6 8DA (“we”, “us” or “our”). References to “you”
and “your” in these terms means you,
the customer and any other person in your party.
Our role in your booking
We act
only as an agent or sub-agent in respect of all bookings we take and/or make on
your behalf including but not limited to flights, hotels, and transfers (“Travel Service”). When making your
booking, our service is only to arrange for you to enter into a contract with
the individual provider of the Travel Service in question (the "Service Provider"), and to agree
payment terms between you and that Service Provider. We act as the agent of the
Service Provider, except where we state to the contrary in these Terms and
Conditions. The Service Provider will either be the principal supplier of the Travel
Service, and therefore the party supplying the Travel Service to you, or the
agent of the principal. When the Service Provider is acting as an agent, its
role will be to enter you into a contract with the principal supplier of the Travel
Service. The terms and conditions of the Service Provider will also apply to
your booking.
Your booking through us (either online or via telephone) is subject to these
Terms and Conditions and the specific booking conditions of the relevant
Service Provider you have chosen to contract with - a list of these booking
conditions can be found at the end of this document. You must read both
carefully and accept them in full prior to booking. The Service Provider’s
terms and conditions (as well as any applicable International Conventions) may
limit and/or exclude their liability to you. Copies of applicable conditions
will be available to you prior to booking via our website and on your request
to us.
Package holidays
Some of
the arrangements which we help you organise amount to "Packages", as this term is defined
in Directive (EU) 2015/2302 (the "Package
Travel Directive"). In general,
a Package will exist if you are resident within the EEA and you book a
combination of at least two of the following Travel Services in a single
booking with us, where the arrangement covers a period of more than 24 hours or
includes overnight accommodation: (a) transport; (b) accommodation; (c) hire of
motor vehicles; or (d) other tourist services.
If you
buy a combination which includes 'other tourist services' and only one of (a),
(b) or (c) above, then this will only be a Package if the 'other tourist
services':
·
are not
intrinsic to (a), (b) or (c) above;
·
are not
purchased after the start of performance of (a), (b) or (c) above; and
·
either
account for a significant proportion of the value of the Package (at least 25%
of the value of the Package), or otherwise represent an essential feature of
the Package.
When you
book a Package, we will still be acting as an agent or sub-agent in the way
described above and you will still be entering into separate contracts with the
Service Provider(s) or principal supplier(s) of each individual Travel
Service. However, because we help you
organise the Package, the Package Travel Directive require us to assist you in
certain situations, which we will do as described in these Terms and
Conditions.
1.
Booking and payment
By making a booking with us, you agree that:
A. all passenger details on the
booking are full and accurate (please ensure that names are exactly as stated
in the relevant passport);
B. you have read all the terms and
conditions set out on this webpage and agree (on behalf of yourself and all
other persons named on the booking) to be bound by them and any applicable
Service Provider's booking conditions;
C. you have read our Privacy
Policy and confirm that you will provide our Privacy
Policy to each named person on the booking; and
D. when making a booking, you are
over 18 years of age, and where placing an order for services with age
restrictions, you declare that you and members of your party are of the
appropriate age of purchase for those services.
Confirmation
of your chosen Travel Service(s) will be conditional on you making such initial
payment as is agreed by us on behalf of the Service Provider, or payment in
full, including applicable fees and charges. Your booking is confirmed and a contract
between you, us and the Service Provider will only exist when we send you
confirmation by e-mail on their behalf, which contains a valid Service Provider
reference number (“Booking Confirmation”).
Please check your Booking Confirmation carefully and report any incorrect or
incomplete information to us immediately where we will try to assist you.
In any instance, where multiple bookings are made, they shall not constitute a
“group” booking. Unless bookings are all made under the same booking reference,
they will be treated independently (i.e. as separate individual bookings).
If you
have chosen the option to spread the cost of your booking(s), all instalments
must be paid by the date specified at the time of making the booking. Unless
otherwise specified, we will automatically (if possible) take payment from the
same debit/credit card used to pay your deposit. If full payment is not
received (for whatever reason) by the Balance Due Date, we will notify the
Service Provider who may cancel your booking and charge the cancellation fees
set out in their booking conditions. In the event of non-payment, the
booking(s) may be cancelled – please refer to the cancellation policy. It is
always your responsibility to ensure your balance is paid by the Balance Due
Date.
We accept payment by debit/credit card (Visa, MasterCard, Maestro and American
Express). We do not charge you a fee for using your card, however your bank or
card issuer may apply an additional foreign transaction fee for non-UK
registered cards.
Cards are accepted subject to security and fraud checks and we reserve the
right to reject/cancel your Travel Service(s) should your booking request fail
any element of these checks.
Please note that booking requests can take up to 72 hours to process. A booking
is only confirmed when we send you a Booking Confirmation with a valid booking
reference number for each Travel Service. On rare occasions, we will be unable
to confirm a booking, for example if the payment fails. In the unlikely event
this occurs, our team will attempt to rebook the affected Travel Service at the
same price. If this is not possible, for example because the payment is blocked
or there has been a change in the price or availability of the booking, we will
contact you via telephone or e-mail to discuss next steps. Unfortunately, there
are times when the cost will have increased during this period
of time. Any cost increases will need to be paid by you, as per your
contract with each Service Provider.
2. Prices & Pricing Errors
We endeavour to ensure that all pricing and other information on the website is
accurate. However, it is always possible that despite our efforts there may be
times when obvious errors occur such as the price or some other detail
displayed being incorrect. We and each Service Provider reserve the right to
amend advertised prices at any time prior to confirmation. We will normally
check prices before confirming your booking so that, where the booking's correct
price at your booking date is less than our stated price at your booking date,
we will charge the lower amount. If the booking's correct price at your booking
date is higher than the price stated to you, we will contact you by telephone
or e-mail for your instructions before we confirm your booking.
If we confirm and process your booking where a pricing or other error is
obvious and could reasonably have been recognised by you as a mistake, we may
terminate the contract and refund you any sums you have paid us.
In
relation to Package bookings, we may change the price of your Package after we
have issued our booking confirmation in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from
the cost of fuel or other power sources; (ii) the level of taxes or fees on the
Travel Services included in your booking imposed by third parties other than
the Service Providers, including tourist taxes, landing taxes or embarkation or
disembarkation fees at ports and airports; or (iii) the exchange rates relevant
to the Package. 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.
If the
price of your Package is increased by more than 8% of its total price, then you
may:
·
accept
and pay for the price increase;
·
reject
the price increase and terminate your Package with a full refund; or
·
reject
the price increase, terminate your Package and take an alternative one if we
decide to offer this. If you decide to
take an alternative Package, we will inform you of its impact on the price of
your booking. If the alternative Package
is of a lower quality or cost, you may be entitled to a price reduction in
accordance with paragraph 13 below.
We will
give you a reasonable period of time to make your
decision, which will usually be 7 days from notification of the price
increase. If we do not hear from you
within this timeframe, we shall send a reminder to you, following which we
shall be entitled to terminate the Package and provide you with a refund.
If you
decide to reject the price increase and terminate your Package with a full
refund, you may also be entitled to compensation in accordance with paragraph 13
below.
You will
be entitled to a price reduction for your Package booking corresponding to any
decrease in the costs described above which occur after you have booked but
before the start of your Package, although we will be entitled to deduct our
administrative expenses of this process.
You will be entitled to ask for a breakdown of these administrative
expenses.
3. Low
deposit/ Pay Monthly Payment Options
A Service Provider may in some instances offer low deposit and instalment plan
options for payment of your booking and the full details will be displayed,
including payment dates, at the time of booking.
Low Deposits: The initial low deposit is due per person and will be
shown at the time of booking. Depending on the Travel Service(s) you choose, we
will attempt to take the outstanding second deposit automatically from the same
credit/debit card used to pay the initial deposit and you will be informed of
the due date before booking. In the event of cancellation before the due date
of the second deposit, you will still remain liable
for the full deposit amount (i.e. both the first and second deposit).
Pay Monthly: Where you opt for the monthly payment plan, after payment
of the deposit, we will attempt to take the remaining balance in monthly
instalments with the final payment being taken on the date specified in your
Booking Confirmation before your departure. In the event of cancellation after
the second instalment, we/the Service Providers reserve the right to keep all
payments made by you to date to cover administration charges.
We will attempt to take all payments automatically from the same credit/debit
card used to pay the initial deposit. If you need to arrange for the remainder
of the instalments to be collected from a different card, please notify us at collections@loveholidays.com at least
five working days before the due date to avoid payment being collected from the
original card.
Although we will attempt to take payments automatically where possible, it
remains your responsibility to ensure all payments are received by us and the
full balance is paid by the date specified in your Booking Confirmation prior
to your departure.
Payment options are subject to availability and we reserve the right to end any
such offers at any time without prior notice or explanation.
4. Online Content
We take all practical steps possible to ensure that the details displayed on
the website are accurate and up-to-date, but we do rely upon the information
given to us by the Service Provider(s) and are intended to present a general
idea of the services and facilities being offered. Sometimes – and particularly
at the beginning and end of the season – certain facilities may be withdrawn
for reasons such as maintenance, bad weather or lack of demand from guests or
low occupancy. Some advertised activities or facilities, for example
water-sports, may not be available all year round. There may be local charges
for some facilities, for example, TVs, safety deposit boxes, sun-loungers,
parasols, spa access, tennis courts, pool tables and air-conditioning. Unless
specifically confirmed in your room type or board basis, you must assume some,
if not all facilities will be payable locally. If your Service Providers advise
us about significant changes to descriptions or about the withdrawal of any
significant facility, we will endeavour to pass this information to you.
Transfer times quoted by the Service Provider for travel between airport and
resort are approximate and, depending on circumstances, the journey time to
your own chosen destination may be longer. It is your responsibility to notify
the transfer Service Provider of any delays in other travel arrangements, such
as flights, and the transfer provider reserves the right to alter or cancel the
service as per their terms and conditions in these circumstances.
If you have booked a shuttle transfer, please note that these run to a set timetable. If you are not present to board your shuttle at the scheduled time (due to a flight delay, schedule change or passport checks for example), the shuttle will not be able to wait for you. Your Service Provider may arrange for you to be transported on the next available shuttle (at their sole discretion). Where this is not possible or the last shuttle has already departed, you must make your own transfer arrangements at your own cost. You will not be entitled to a refund if you miss your scheduled shuttle transfer.
5. Flights
When booking a flight, we will act as your booking agent on criteria specified
by you. In relation to such bookings, you appoint us to source those flights on
your behalf and you are our principal. We will arrange for you to enter into a
contract directly with the airline concerned, and with us, on these terms. You
will be subject to the airline's terms and conditions which you must refer to
on the relevant airline's website. You are advised to read these carefully
prior to requesting us to book your flight. By making a booking for which we
are acting as your agent, you specifically agree to the terms of this clause.
Except where the flight forms part of a Package (see paragraph 12 below), we
accept no liability in relation to any contract you enter into with the
airline, or their acts or omissions, or for the flight service itself.
The airline may provide a booking confirmation directly to you by e-mail and in
such cases we will be unable to access or alter your
booking. As such, any amendments to your booking must be made by you, directly
with them, except where we state to the contrary in these Terms and Conditions.
We will issue a confirmation invoice that details our charges for the use of
this booking service (if any).
Monies paid to us for such flight services are held by us on your behalf until
they are paid to the airline in question. Please note that payment by you to us
does not constitute payment to the airline until we make that payment on your
behalf, but if we collect monies from the airline on your behalf, their
liability to pay that money to you is discharged.
Charter flights: When you book your charter flight through us, we act as
agent for the charter flight provider. The contract will be between you and the
charter flight provider based upon their terms and conditions; a copy of which
will be available to you prior to booking and is available on request.
In all other cases, we act as an agent for the relevant Service Provider in
booking your flight service(s).
Operating Carrier Information: : In accordance with EU directive (EC)
no. 2111/2005, Article 9, we are required to bring to your attention the
existence of a 'Community list' which contains details of air carriers that are
subject to an operating ban within the EU Community. The Community list is
available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm.
In accordance with EU Directive we are required to advise you of the operating
carrier(s) (or, if the operating carrier(s) is not known, the likely
carrier(s)) that will operate your flight(s) at the time of booking. Where we
are only able to inform you of the likely carrier(s) at the time of booking, we
will inform you of the identity of the operating carrier(s) as soon as we
become aware of this. Any change to the operating carrier(s) after your booking
has been confirmed will be notified to you as soon as possible. Any change in
the identity of the airline, flight timings and/or aircraft type will not
entitle you to cancel or change to other flight arrangements without paying
charges, except where specified.
Flight times can change for a number of different
reasons. You should always look to reconfirm your flights 48 hours prior
departure to ensure that no changes to your flight schedule has occurred.
6. Data Protection
We will ensure appropriate security measures are in place to protect your
personal information. The information you provide us will only be passed onto
the Service Providers of your travel arrangements or other organisations
necessary for the provision and performance of your Travel Services. Certain
information may also be passed on to security or credit checking companies to
detect and prevent fraud.
By making a booking with us you agree to the use
and disclosure of the information you provide for the following purposes: to
enable us to process and fulfil your bookings (when it may be transferred
abroad and /or to the Service Provider), if you purchase insurance we may
process your information and pass it to insurers, for market research and
analysis, to avoid fraud and to enable us or our representatives to contact you
by letter, telephone or e-mail. You may unsubscribe from further contact at any
time by clicking on the relevant link in any emails we send you.
For more information on how we use your personal data, please see our Privacy
Policy and Cookie Policy.
7. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are
in order and that you arrive in plenty of time for checking in at the airport.
You must reconfirm your flight details within 48 hours of departure by checking
your airline's website for any travel updates, including any possible schedule
changes or cancellations. If your flight time has changed, please ensure you
travel to the airport with enough time to accommodate this change. Except as
otherwise stated in these Terms and Conditions, if you have transfers booked
you must also notify your Service Provider(s) of these changes. We accept no
liability in regard to flight schedule changes as
these are managed solely by your relevant Service Provider or airline who in
turn only accept liability for any schedule changes or cancellations in line
with their specific booking terms and conditions.
If you have booked a shuttle transfer, please note that these run to a set timetable. If you are not present to board your shuttle at the scheduled time (due to a flight delay, schedule change or passport checks for example), the shuttle will not be able to wait for you. Your Service Provider may arrange for you to be transported on the next available shuttle (at their sole discretion). Where this is not possible or the last shuttle has already departed, you must make your own transfer arrangements at your own cost. You will not be entitled to a refund if you miss your scheduled shuttle transfer.
8. Amendments by you
Any amendment to your Travel Service will incur an administration charge of €75
per booking plus any charges levied by the Service Provider. No changes can be
made less than 7 days before departure.
These charges include but are not limited to:
·
Change of
destination
·
Change of
hotel
·
Change of
name
If you wish to make an amendment to your booking please click here to submit
your request through 'Manage My Booking'. Please note that any changes to an element of your
confirmed booking(s) will incur charges as stated above even if this is for
example one letter in a name. Amendments can only be accepted in accordance
with the terms and conditions of the Service Provider(s) of your Travel Service(s).
The Service Provider may charge amendment charges which may be as much as 100%
of the cost of the Travel Service and will normally increase closer to the date
of departure. Whilst we will try to
assist, we cannot guarantee that such requests to make changes can or will be
met.
At the time of booking you may have the option to select rooms or services
which are available at a special rate as they are non-refundable,
non-changeable and/or non-transferable from point of sale. This means that from
the time the booking is confirmed, no amendments whatsoever (including names,
dates and duration) can be made and the only option available is to cancel.
Cancellations of this room type may be charged a 100% cancellation fee by the
Service Provider. These rooms are advertised as “Non-Refundable” and may require
full payment at time of booking.
Amendment charges are subject to change at any time. Please note that amendment
fees are non-refundable and can only be requested by the lead passenger on the
booking.
In relation to Package bookings only, you may transfer your Package to
another person who satisfies all the conditions applicable to the Package,
subject to you and the other person accepting that you will both be liable,
jointly and individually, for full payment of any balance due to be paid and
any fees, charges or other costs arising from the transfer. You should be aware that many Service
Providers do not allow a free transfer and treat it as a cancellation and
rebooking (at current prices), for which there is a 100% cancellation charge. Additionally, some Service Providers may give
priority to other customers for cancelled arrangements, which means that you
may not be able to transfer the exact same booking. In this circumstance, we will do our best to
secure a suitable alternative so that the Package can continue and be
transferred to the new person. We shall
notify you of the arrangements, and the costs of transfer, upon receipt of your
request to transfer. You will need to
give us reasonable notice of this change so that we can make the necessary
arrangements, but 7 days or more before departure shall be
considered to be reasonable.
9. Cancellations by you
You may cancel your booking at any time prior to
departure upon payment of a termination fee as set out in this paragraph.
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 (e.g. because you have chosen a low deposit option), you must
pay any difference between the amount you have paid
and the cancellation charge applied. In accepting these Terms & Conditions
you give your authority for us to automatically charge the payment card used by
you when securing the booking (or any other card used by you in connection with
this booking) at that time.
Any cancellation will incur a cancellation
processing fee of €75 per Package booking and €25 for hotel-only bookings plus any charges from the Service Provider(s)
as follows:
Flight: 100% of the value of the flights is non-refundable from the point of booking
(including baggage, insurance, etc.).
Accommodation: Cancellation charge will depend on whether you
have booked a refundable or a non-refundable product. Cancellation charges will
be specified to you at the time of booking and vary from one Service Provider
to another. You should check your Booking Confirmation and any documentation
for details of your specific cancellation terms.
Non-Refundable products may have been paid for in
full at the time of booking and no refunds are given in the event of
cancellation as per section 8 above.
Transfers: 100% of the value of the transfers is non-refundable from the point of booking.
All requests to cancel must be submitted via Manage My Booking where you will be made aware of any cancellation charges and you must agree to these charges in order to proceed with the cancellation.
In
relation to Package bookings only, in addition to the cancellation rights set
out above, you shall have the right to cancel your booking before the start of
the Package without paying any cancellation charge in the event of unavoidable
and extraordinary circumstances (which is described in paragraph 14 below) (“Unavoidable and Extraordinary Circumstances”)
occurring at the place of destination or its immediate vicinity and we have
confirmed to you that they will significantly affect the performance of the
Package, or they significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we
shall provide you will a full refund of any payments made in relation to your
booking, but you will not be entitled to compensation or any of the rights set
out in paragraph 13 below.
10.
Changes and Cancellations to your Travel Services
We and the Service Providers reserve the right to make changes to your Travel
Services at any time. Most changes are minor changes and we and the Service
Providers will endeavour to pass on information to you in
regards to any minor changes before you depart. However, occasionally we
have to notify you of a significant change that we or
the Service Providers are constrained to make to the main characteristics of
the booking.
We will
inform you as soon as reasonably practicable if we or the Service Provider
needs to make a significant change to your confirmed Travel Service, or to
cancel them entirely. We will also liaise between you and the Service Provider
in relation to any alternative arrangements offered by the Service Provider
and/or any compensation offered. If we or any of the Service Providers are
prevented from performing the Travel Service because of Unavoidable and Extraordinary
Circumstances, we or the Service Providers may terminate your booking and
provide you a full refund. We will not be liable to you for any additional
compensation in such cases.
In
relation to Package bookings only, in the unlikely event that we or your
Service Providers have to make a significant change to
your Package, we will tell you as soon as reasonably possible. You will then
have the option to:
·
accept
the proposed change. If this results in
a Package of lower quality or cost, you may be entitled to a price reduction in
accordance with paragraph 13 below;
·
reject
the proposed change, terminate your Package and take an alternative one if we
decide to offer this. If you decide to
take an alternative Package, we will inform you of its impact on the price of
your booking. If the alternative Package
is of a lower quality or cost, you may be entitled to a price reduction in
accordance with paragraph 13 below, or
·
reject
the proposed change and terminate your Package with a full refund.
We will
give you a reasonable period of time to make your
decision, which will usually be 7 days from notification of the proposed
change. If we do not hear from you
within this timeframe, we will send a reminder to you, following which we shall
be entitled to terminate the Package and provide you with a refund.
If you
decide to reject the proposed change and terminate your Package with a full
refund, you may also be entitled to compensation in accordance with paragraph 13
below.
On rare
occasions, we or the Service Providers may have to cancel your Package and we
reserve the right to do so. If we or the
Service Providers have to do so, we will notify you as
soon as possible. We will also offer you
an alternative Package if we are able to do, and
inform you of its impact on the price of your booking. If the alternative Package is of a lower
quality or cost, you may be entitled to a price reduction in accordance with
paragraph 13 below. If we cannot offer
you an alternative, or even if you just prefer, we will provide you with a full
refund of any payments made for the Package.
You may
be entitled to compensation as a result of our
cancellation of your Package in accordance with paragraph 13 below, except
where we are prevented from providing the Package because of Unavoidable and
Extraordinary Circumstances and we notify you of the cancellation without undue
delay before the start of your Package.
11. Our
Service Charges
In certain circumstances we apply service charges which will be shown on your
booking confirmation as follows:
|
SERVICE |
CHARGE |
|
Cancellation or amendment |
As per clauses 8 & 9* |
|
Monthly Payment Plan Administration Fee |
€2.95 per payment |
|
Low Deposit Payment Plan Administration Fee |
€4.95 per payment |
|
Standard Deposit Payment Plan Administration Fee |
€4.95 per payment |
|
Service Charge*** |
Variable |
*Please note that cancellation and amendment fees are non-refundable.
12. Our responsibility for your booking
Non-Package Bookings
Your contract
for the Travel Service is with the Service Provider who will be the principal or the agent of the principal and their booking
conditions apply, subject to such payment terms we have negotiated. As agent,
we accept no responsibility for the actual provision of the Travel Service. Our
responsibilities are limited to the booking service we provide to you. We
accept no responsibility for any information about the Travel Service that we
pass on to you in good faith if any errors in that information are beyond our
reasonable control (e.g. because they are solely due to the fault of the
Service Provider).
We are
not responsible for any loss or damage that is not foreseeable. Loss or damage
is foreseeable if either it is obvious that it will happen or if, at the time
the contract was made, both we and you knew it might happen, for example, if
you discussed it with us during the sales process. We only supply our services
for domestic, non-commercial and private use. We do not therefore accept
liability for any business losses (e.g. loss of profit, loss of business,
business interruption or loss of business opportunity).
We also accept no responsibility for the behaviour or actions of third-parties related
to your accommodation, transfer or flight, or for any facilities/services
withdrawn as a result of their actions.
In the event that we are found liable to you on any
basis whatsoever, our maximum liability to you is limited to three times the
cost of your affected Travel Services (or the appropriate proportion of this if
not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that
arises as a result of our negligence or that of any of
our employees, agents or subcontractors whilst acting in the course of their
employment or engagement, liability for fraud or fraudulent misrepresentation
or any other liability that cannot be excluded or limited by law.
Package Bookings
We have a
liability to you for the performance of the Travel Services included in your
Package booking under the Package Travel Directive, irrespective of the fact
that such Travel Services are to be performed by the Service Providers or the
principal suppliers.
However,
you must tell us immediately of any failure to perform or improper performance
of your Travel Service (“Failure”). This will give us the opportunity to resolve
the Failure whilst you are on your holiday. If we refuse to do so, or if it is
necessary to remedy the Failure immediately, then you may resolve the Failure
yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if
remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek
a price reduction or compensation in accordance with paragraph 13.
If a
significant proportion of the Travel Services included in your Package cannot
be provided as agreed in the booking, we shall offer, at no extra cost to you,
suitable alternative arrangements for the continuation of the Package. The alternative arrangements shall, where
possible, be of equivalent or higher quality than those specified in your
booking. Where they are of lower quality
you will be entitled to a price reduction as described in paragraph 13
below. You may only reject the
alternative arrangements we offer to you if they are not comparable to what was
agreed in the booking or if the price reduction is inadequate. If you do reject the alternative
arrangements, or if we are not able to offer them, then you may, where
appropriate, be entitled to a price reduction and/or compensation in accordance
with paragraph 13.
If a
Failure substantially affects the performance of the Package, and we have failed
to remedy it within a reasonable period of time, you
may decide to continue with your Package or terminate your booking without
paying a termination fee. If you decide to terminate, then if your Package
included carriage to the destination, we will also repatriate you with
equivalent transport without undue delay back to your place of departure and at
no extra cost to you. You may, where
appropriate, be entitled to a price reduction and/or compensation in accordance
with paragraph 13.
If we are
unable to ensure your return to your place of departure as agreed in your
Package because of Unavoidable and Extraordinary Circumstances, we shall bear
the cost of necessary accommodation, if possible of equivalent category, for a
period not exceeding three nights per passenger. This limitation shall not apply to persons
with reduced mobility and any person accompanying them, pregnant women and
unaccompanied minors, as well as persons in need of specific medical
assistance, provided that we had been notified of their
particular needs at least 48 hours before the start of the Package.
If a
longer period of accommodation than that referred to above is provided for in
Union passenger rights legislation (as described in the Package Travel Directive)
concerning your mode of return transport, or such legislation does not allow
the transport provider to limit its obligations as described above in the event
of Unavoidable or Extraordinary Circumstances, then the limits set out in such
legislation will apply instead.
Finally, we shall provide you with appropriate
assistance without undue delay if you are in difficulty whilst on holiday, in particular by providing appropriate information on health
services, local authorities and consular assistance; and by helping you make
distance communications and helping you find alternative travel
arrangements. Typically, we do not
charge for this assistance, although we do reserve the right to charge a
reasonable fee for such assistance if the difficulty has been caused
intentionally by you or through your negligence.
13.
Package Bookings: Price Reduction and Compensation for Damages
You will be entitled to an appropriate price
reduction for any period during which there is a Failure (as described in
paragraph 12 above), unless the Failure is attributable to you.
You shall be entitled to receive appropriate
compensation from us for any damage you sustain as a result
of a Failure except where the Failure is:
·
attributable to you;
·
attributable to a third party unconnected with the
provision of the Travel Services included in the Package and is unforeseeable
or unavoidable; or
·
due to Unavoidable and Extraordinary Circumstances.
We shall not be liable to pay compensation to you in
connection with your Package where there are international conventions which
limit the extent or the conditions under which compensation would have to be
paid by one of the Service Providers.
These same limitations will apply to us and in an identical manner as if
such limitations applied directly to us.
These international conventions include (but are not limited to) the
Montreal Convention in respect of travel by air (and all earlier related
conventions), the Athens Convention in respect of travel by sea, the Berne
Convention in respect of travel by rail (Convention concerning International
Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of
travel by road and the Paris Convention in respect of the provision of
accommodation. We shall have the full
benefit of any limitation of compensation which is contained in these
conventions and any other international conventions which govern the travel
arrangements which make up the Package. Please ask us for copies of these
international conventions if you would like to see them.
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.
Our liability to you in connection with your Package
shall be limited to a maximum of three times the cost of your Package, except
in cases involving death, injury or illness where we or the Service Providers
have caused such damage intentionally or with negligence.
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.
Except as set out above, we accept no liability for
any claims, losses, expenses, damages or liability for your Package, except in
cases involving death, injury or illness where we have caused such damage with
negligence.
14. Unavoidable
and Extraordinary Circumstances
In these Terms and Conditions, where we refer to
Unavoidable and Extraordinary Circumstances, it means a situation beyond the
control of the party who invokes such a situation and the consequences of which
could not have been avoided even if all reasonable measures had been
taken.
This may cover for example warfare, other serious
security problems such as terrorism, significant risks to human health such as
the outbreak of a 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 destination as agreed in the booking.
Except as
set out in these Terms and Conditions, we and the Service Providers shall have
no responsibility or liability to you for any failure to perform, or a delay in
performing, any obligations owed to you which are caused by Unavoidable and
Extraordinary Circumstances.
15. Complaints
If you are in difficulty or wish to make a complaint whilst on holiday, this
must be reported to us and the Service Provider or their local representative without
undue delay. You must, as a strict condition of your booking, obtain a written
record of your complaint from the Service Provider or their representative at
the time the issue arose. If you are unable to speak to the Service Provider or
their representative whilst on holiday, you should contact our In-Resort
Assistance team on 00 44 (0) 203 870 6830 (Monday to Sunday 9am to 5pm GMT.
Outside of these hours, we provide an on-call “emergency” service only). You
may also email us at inresort@loveholidays.com .
If you fail to follow this reasonable procedure there will be less opportunity
for us or the Service Provider to investigate and rectify your complaint. Any
compensation you may be entitled to could be reduced or extinguished as a
consequence.
Please note that we do not currently have our own representatives
and nor have we authorised anyone else to be our representatives in resort.
Therefore, it is imperative that if you cannot speak to the Service Provider or
their representative at the time, you contact the In-Resort Assistance team
above.
If you wish to complain when you return home, please send a detailed complaint
including your written report from the Service Provider or their representative
and any additional information supporting your claim to AfterYourHoliday@loveholidays.com
. Please send your complaint within 28 days of your return as the sooner we
receive it the easier it is for us and the Service Provider to investigate it
accordingly
Complaints received outside of 28 days of your return may mean we and/or your
Service Providers are unable to offer a detailed response, nor offer any
compensation or may lead to the rejection of your complaint entirely.
We will manage the complaint process on your behalf aiming to provide you a
full response within 28 days. If the matter cannot be resolved and it involves
our booking service, or another ABTA member, then it should be referred to the
ABTA approved Arbitration Scheme in the first instance. See paragraph 16 below.
16. ABTA
We are a member of ABTA and our membership number is P6847.
We are obliged to maintain a high standard of service to you by ABTA’s Code of
Conduct. We can offer you an Alternative Dispute Resolution service for the
resolution of disputes arising out of, or in connection with your booking known
as the “Arbitration Scheme”. Further information on the Code and Arbitration
Scheme can be found at https://abta.com/about-us/code-of-conduct
and https://abta.com/holiday-help-and-complaints/abtas-adr-scheme.
The Arbitration Scheme is approved by ABTA and administered independently by
CEDR. It provides for a simple and inexpensive method of arbitration on
documents alone with lower costs than if you went to Court or through
solicitors. Full details will be provided on request or can be obtained from
the ABTA website.
The Arbitration Scheme does not apply to claims for an amount greater than
£5,000 per person. There is also a limit of £25,000 per booking form. The
Scheme can however deal with compensation claims which include an element of
minor injury or illness subject to a limit of £1,500 on the amount the Arbitrator
can award per person in respect of this element.
The application for Arbitration and Statement of Claim must be received by the
Chartered Institute of Arbitrators within eighteen (18) months of the date of
return from the holiday or the intended return date. Outside this time limit
Arbitration under the Scheme may still be available if we agree, but the ABTA
Code does not require such agreement.
For injury and illness claims, you should use the ABTA / Chartered Institute of
Arbitrators Mediation Procedure before taking legal action. The aim is to help
resolve your dispute in a quick and cost effective
way. Further details on request or from www.abta.com/holiday-help-and-complaints/abtas-adr-scheme.
17.
Travel Advice: visa, passport and health requirements
We suggest you check out your visa & passport requirements before
travelling at: https://www.dfa.ie/travel/know-before-you-go/
.
We also
recommend you always look at the Travel Advice section of the Department of
Foreign Affairs & Trade and the UK Foreign & Commonwealth Office
website prior to travelling abroad: www.dfa.ie/travel/travel-advice/
and www.gov.uk/foreign-travel-advice
to check for the most up-to-date information on your destination.
You confirm
that all members of your party are UK or Irish residents and hold passports
valid for at least 6 months after the duration of the Travel Service you chose
to purchase. General information on visa, passport and health requirements
(where given and applicable) is so given solely on this basis. Requirements may
change and you are therefore strongly recommended to
check the up to date position with the Service Provider(s) of the Travel
Service(s), Passport Office, appropriate embassy or consulate or your doctor as
applicable prior to booking and in good time before departure.
Some of our Service Providers offer their low rates
on the basis that customers are resident in the UK and/or Ireland and citizens
of the country where the stay is taking place may not be eligible to stay at
that particular rate. In most circumstances, this does
not apply to citizens of EU countries staying in other EU countries. However,
issues may occur where customers that are booked to stay in the country where
the passport was issued. For example, Turkish nationals in Turkey, or Egyptian
nationals in Egypt.
If you think this may affect your booking, you must
call our New Bookings team to confirm your booking will be accepted by the
Service Provider as resolution once you are abroad will be very difficult and
may result in additional charges being levied to you or the cancellation of the
booking by the Service Provider. Occasionally Service Providers may ask that we
contact you prior to the departure date to ask for evidence of the residency of
the customers travelling. You must contact our Customer Service team in this
instance within the stated timeframe with this information in
order to confirm that the rates are eligible for all the customers
travelling. We cannot be held responsible for any additional costs incurred due
to these issues.
18.Taxes/Local
Charges and Resort Fees.
Certain countries/cities/airports/hotels impose additional taxes and charges such as departure, tourist or city tax or compulsory resort fees. These additional fees are payable directly to your accommodation or local authorities and are for maintenance of local facilities and services. These taxes cannot always be collected by us or your Service Providers in advance. You are wholly responsible for paying these taxes and charges locally prior to check out and they are subject to change by pronouncement of overseas governments. Airport departure taxes (under various names) are included in most air ticket prices by airlines, however certain countries will charge an additional local tax when you leave the country. Unless otherwise stated, they are not included in your booking. If in doubt, please enquire with us prior to booking. We have no liability to you for these taxes or charges and they are not included in your booking.
19. Accommodation Ratings and Standards.
Star ratings are used to symbolise the overall quality and level of standards
of each accommodation type and are typically based on criteria including the
range of standard facilities, the quality of the furnishings, the quality and
range of the food outlets, and the overall level of service. However, there is
no uniform and consistent method of star ratings and as such they can vary
significantly by country, and often within countries. Also, not all countries
have official rating systems. Therefore the rating
displayed is only an opinion and should only be used as a guide. If your
Service Provider provides an “official” tourist board rating, we will endeavour
to include that within the accommodation description. We cannot guarantee the
accuracy of any ratings given. All ratings are as provided via the relevant
Service Provider and are not our personal ratings.
20. Room Allocation
After registration/check-in at your accommodation, you will be allocated a
room. It is your responsibility to verify the check-in and check-out times
directly with the Service Provider. Please note that the fact that rooms appear
listed together on the same booking itinerary does not guarantee that they will
be adjacent to one another or otherwise in close proximity.
Passengers with Reduced Mobility: The majority of the Travel Services offered
are suitable for all persons, however it is your responsibility to advise us,
prior to booking, of any conditions/disabilities that may affect your holiday.
Where possible, we will inquire with the Service Provider about the suitability
of the Travel Service for you, however we can give no guarantees. It is
recommended that you make your own independent enquiries to ensure the Travel
Service of your choice is suitable for your particular
requirements before making your booking.
21. Building Work
From time to time, maintenance, renovation or refurbishment and its associated
noise are unavoidable at a hotel/accommodation. If we are notified of such
works, we will inform you before you make your booking or within a reasonable
time of us being notified.
Please note that municipal works (for example road works) and other third-party
building work in the vicinity of your accommodation is
not the responsibility of the accommodation or Service Provider.
22. Insolvency Protection
We provide full financial protection for our flight inclusive Package and ATOL protected flight only sales by way of our Air Travel Organiser's Licence number 10989 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone +44 (0)333 103 6350, email claims@caa.co.uk
When you buy an ATOL protected flight or flight inclusive Package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if you need to make a claim.
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).
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.
When you buy a Package that does not include a flight, protection is provided by way of an insurance policy held with Affirma Insurance, a trading brand of MGA Cover Services Limited. In the unlikely event you need to claim, please email claims@affirmainsurance.com or call 020 3540 4422.
Scheduled Airline Failure Insurance
We have taken out Scheduled Airline Failure Insurance, which provides our company with financial protection in the rare event of the insolvency of airline/flight consolidator, which in turn protects you financially giving you complete peace of mind.
23. Law
and Jurisdiction
These Terms and Conditions are governed by English law and the courts of
England and Wales have exclusive jurisdiction over any dispute or matter
arising out of these Terms and Conditions (unless you live in Scotland, Republic of Ireland or
Northern Ireland, in which case you can bring proceedings in your local court
under Scottish, Republic of Ireland or Northern Irish law, as applicable.)
24. Service Provider Terms and Conditions
These Terms & Conditions are
applicable from 01 July 2018.
Registered office address: 5th Floor, 3 Shortlands, Hammersmith, London, W6 8DA
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