The following Booking Conditions apply only to holidays or travel arrangements provided by Flexibletrips. Any booking made with another tour operator will be subject to the Booking Conditions of that tour operator which can be viewed on this website when you are paying for/confirming a booking.
Flexibletrips Booking Conditions | Spectrum Cruise Booking Conditions | Airline Condition of Carriage
Please read the following booking conditions carefully as they set out the terms and conditions of the contract between you and Thomas Cook Tour Operations Limited,
trading as Flexibletrips ("we", "us" and "our"). Our obligations to you will vary depending upon whether or not what you book with us is a "Package" as defined by the
Package Travel, Package Holidays and Package Tours Regulations 1992.
Section A below explains in detail what is a Package and contains the booking conditions which apply particularly to a Package.
Section B (under the heading "Single Components") contains the booking conditions which apply particularly to non-Package bookings. There are certain terms which apply to any type of booking and these are detailed in Section C.
Section A below explains in detail what is a Package and contains the booking conditions which apply particularly to a Package.
Section B (under the heading "Single Components") contains the booking conditions which apply particularly to non-Package bookings. There are certain terms which apply to any type of booking and these are detailed in Section C.
The terms set out below, together with the terms set out in Section C, apply when you book a package.
A1. Your Contract/Financial Protection
The financial bonding requirements of ABTA The Travel Association or of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our CAA ATOL number is 1179 and our ABTA membership number V6896. The flight inclusive package holidays provided by us as Principal are financially protected by the ATOL scheme, since we hold an ATOL granted by the Civil Aviation Authority. When you buy a package holiday from us you will receive an ATOL Certificate which lists the travel services included in that package holiday that are financially protected, where you can get information on what this means for you and who to contact if things go wrong - see www.atol.org.uk for more details. We will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative in accordance with our contractual/legal obligations to you). In the unlikely event we are unable to do so due to our insolvency, an alternative ATOL holder may provide you with the travel services you have purchased 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 may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). For further information visit the ATOL website at www.atol.org.uk.
Bookings are made with us via a travel agent, and payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Our registered office is The Thomas Cook Business Park, Coningsby Road, Peterborough PE3 8SB, and our company registration number is 3772199 England.
A2. Price Changes
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your Package may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges. ou will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place.
A3. Changes Made By Us Before Travel
From time to time we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before your Package, if there is time. Changes we will tell you about include:
If you do not want to accept a significant change, which we will tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Unless the change is as a result of circumstances listed in the paragraph below headed 'Circumstances Beyond our Control', we will pay you compensation as shown in the table below. If you accept the significant change or amend to a different Package offered for sale by us you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.
Compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on 'free child places', 'free group places' or infants.
A4. Minor Changes Made By Us Before Travel
Any change which is not deemed to be significant, as outlined in the Section entitled "Changes made by us before travel", will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of this change.
A5. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Package after departure, or we, or our suppliers, cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development).
A6. Changes Made After Travel
If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
A7. Cancellation By Us
We can cancel your Package and any other holiday we operate. On rare occasions, we may need to cancel your Package if there is insufficient demand for your particular Package. If we have to cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 8 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen, where we could not avoid the results of those circumstances even after taking all reasonable care. (See 'Circumstances Beyond Our Control' above) No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
A8. Flight Delays
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the airline. If you have taken out our recommended travel insurance or a comparable policy you should have cover against delays.
A9. Our Liability To You
(i) Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers', obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Package not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the Package. This maximum will only be payable when every aspect of your Package has gone wrong and you have not received any benefit from your Package. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
(iv) For claims which involve death or personal injury as a result of an activity forming part of your Package (excluding Overseas Booked Excursions see Section entitled "Excursions"), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation.
(v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(vi) If any International Convention applies to or governs any of the services or facilities included in your Package arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your Package. Any applicable Protocols or amendments shall apply to all such International Conventions.
(vii) International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
(viii) The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) ("the Athens Convention") apply to the Cruise element of your Package as well as the process of getting on or off the ship concerned.
(ix) Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
(x) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have A Complaint".
(xi) Should you become ill while on your Package, you must, in addition to reporting your illness to our representative, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
(xii) If you or any member of your party suffers during your Package any difficulty through misadventure as a result of any activity which does not form part of your contracted Package arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
(xiii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
A10. Baggage
The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in the above Section A9. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier's conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount.
A1. Your Contract/Financial Protection
The financial bonding requirements of ABTA The Travel Association or of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our CAA ATOL number is 1179 and our ABTA membership number V6896. The flight inclusive package holidays provided by us as Principal are financially protected by the ATOL scheme, since we hold an ATOL granted by the Civil Aviation Authority. When you buy a package holiday from us you will receive an ATOL Certificate which lists the travel services included in that package holiday that are financially protected, where you can get information on what this means for you and who to contact if things go wrong - see www.atol.org.uk for more details. We will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative in accordance with our contractual/legal obligations to you). In the unlikely event we are unable to do so due to our insolvency, an alternative ATOL holder may provide you with the travel services you have purchased 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 may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). For further information visit the ATOL website at www.atol.org.uk.
Bookings are made with us via a travel agent, and payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Our registered office is The Thomas Cook Business Park, Coningsby Road, Peterborough PE3 8SB, and our company registration number is 3772199 England.
A2. Price Changes
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your Package may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges. ou will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place.
A3. Changes Made By Us Before Travel
From time to time we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before your Package, if there is time. Changes we will tell you about include:
- Change of your UK departure point
- Significant change of your destination
- A change of more than 12 hours to the time you leave the UK or your destination
- If we downgrade your accommodation by a lower official rating
- If the swimming pool will not be available for an extended period during your Package and no alternative pool is available either at the property or nearby
If you do not want to accept a significant change, which we will tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Unless the change is as a result of circumstances listed in the paragraph below headed 'Circumstances Beyond our Control', we will pay you compensation as shown in the table below. If you accept the significant change or amend to a different Package offered for sale by us you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.
| Period of notice we give you or your travel agent before departure | Compensation for each full fare paying passenger | |
| Option 1 | Option 2 | |
| More than 70 days | £0 | £0 |
| 70-43 days | £10 | £5 |
| 42-29 days | £20 | £10 |
| 28-11 days | £30 | £15 |
| 10-0 days | £40 | £25 |
Compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on 'free child places', 'free group places' or infants.
A4. Minor Changes Made By Us Before Travel
Any change which is not deemed to be significant, as outlined in the Section entitled "Changes made by us before travel", will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of this change.
A5. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Package after departure, or we, or our suppliers, cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development).
A6. Changes Made After Travel
If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
A7. Cancellation By Us
We can cancel your Package and any other holiday we operate. On rare occasions, we may need to cancel your Package if there is insufficient demand for your particular Package. If we have to cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 8 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen, where we could not avoid the results of those circumstances even after taking all reasonable care. (See 'Circumstances Beyond Our Control' above) No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
A8. Flight Delays
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the airline. If you have taken out our recommended travel insurance or a comparable policy you should have cover against delays.
A9. Our Liability To You
(i) Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers', obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Package not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the Package. This maximum will only be payable when every aspect of your Package has gone wrong and you have not received any benefit from your Package. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
(iv) For claims which involve death or personal injury as a result of an activity forming part of your Package (excluding Overseas Booked Excursions see Section entitled "Excursions"), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation.
(v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(vi) If any International Convention applies to or governs any of the services or facilities included in your Package arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your Package. Any applicable Protocols or amendments shall apply to all such International Conventions.
(vii) International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
(viii) The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) ("the Athens Convention") apply to the Cruise element of your Package as well as the process of getting on or off the ship concerned.
(ix) Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
(x) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have A Complaint".
(xi) Should you become ill while on your Package, you must, in addition to reporting your illness to our representative, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
(xii) If you or any member of your party suffers during your Package any difficulty through misadventure as a result of any activity which does not form part of your contracted Package arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
(xiii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
A10. Baggage
The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in the above Section A9. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier's conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount.
The terms set out below, together with the terms set out in Section C, apply to non-Package bookings, such as, only accommodation or only a flight.
B1. Price Changes
Price increases may occur any time prior to full payment being received from you, and you will be liable to pay any such increases in full.
B2. Transfer of Bookings
In the case of a scheduled flight only booking, transfer to another person will involve cancelling the original booking, thereby incurring any relevant cancellation charges and then making a new booking, which will be subject to availability and any additional price increase. Transfer of any other type of booking is subject to the supplier's own terms and conditions and the applicable amendment or cancellation charges.
B3. Cancellation/Amendment of Bookings by You
Bookings may be amended or cancelled in accordance with the relevant supplier's terms and conditions and subject to the supplier's amendment and cancellation charges. In many cases our flight suppliers may impose charges of up to 100% of the cost of the travel arrangements and these will be passed onto you. Please refer to Section D7 for more details on changing your booking.
B4. Changes Made to Your Booking
Where a supplier makes a change to a non-Package booking you do not have the same legal rights as with a Package booking. If we are aware of any change which we believe will materially affect your booking we will tell you as soon as reasonably practicable but you must appreciate that we will only have an obligation to tell you if we have been told in the first place by the supplier. It is the responsibility of the supplier to make alternative arrangements; it is not our responsibility. Where, however, we believe a change has a significant effect on your booking, we will endeavour to arrange with the supplier(s) to provide you with suitable alternative arrangements. If suppliers impose additional costs for any alternative arrangements you will be obliged to pay those.
B5. Our Liability to You
Our responsibility is to make arrangements for the provision by the relevant suppliers (including air carrier of air transport, accommodation owner/supplier, car hire provider, attraction ticket/excursion provider) of the components you book, but we do not have any responsibility for the operation of the component itself.
We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your use of the single component unless we have negligently failed to select a normally competent provider of the relevant component. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the single component you have booked with us.
Please note, with the exception of flight only bookings which are ATOL protected under our ATOL Licence 1179, in the unlikely event of our collapse/insolvency, any money you have paid us for any other components is not protected by a scheme of financial protection. If this is important to you, we recommend you book a Flexibletrips Package or obtain suitable travel insurance.
B6. International Conventions
If any International Convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to); in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Any applicable Protocols or amendments shall apply to all such International Conventions. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your travel arrangements.
B1. Price Changes
Price increases may occur any time prior to full payment being received from you, and you will be liable to pay any such increases in full.
B2. Transfer of Bookings
In the case of a scheduled flight only booking, transfer to another person will involve cancelling the original booking, thereby incurring any relevant cancellation charges and then making a new booking, which will be subject to availability and any additional price increase. Transfer of any other type of booking is subject to the supplier's own terms and conditions and the applicable amendment or cancellation charges.
B3. Cancellation/Amendment of Bookings by You
Bookings may be amended or cancelled in accordance with the relevant supplier's terms and conditions and subject to the supplier's amendment and cancellation charges. In many cases our flight suppliers may impose charges of up to 100% of the cost of the travel arrangements and these will be passed onto you. Please refer to Section D7 for more details on changing your booking.
B4. Changes Made to Your Booking
Where a supplier makes a change to a non-Package booking you do not have the same legal rights as with a Package booking. If we are aware of any change which we believe will materially affect your booking we will tell you as soon as reasonably practicable but you must appreciate that we will only have an obligation to tell you if we have been told in the first place by the supplier. It is the responsibility of the supplier to make alternative arrangements; it is not our responsibility. Where, however, we believe a change has a significant effect on your booking, we will endeavour to arrange with the supplier(s) to provide you with suitable alternative arrangements. If suppliers impose additional costs for any alternative arrangements you will be obliged to pay those.
B5. Our Liability to You
Our responsibility is to make arrangements for the provision by the relevant suppliers (including air carrier of air transport, accommodation owner/supplier, car hire provider, attraction ticket/excursion provider) of the components you book, but we do not have any responsibility for the operation of the component itself.
We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your use of the single component unless we have negligently failed to select a normally competent provider of the relevant component. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the single component you have booked with us.
Please note, with the exception of flight only bookings which are ATOL protected under our ATOL Licence 1179, in the unlikely event of our collapse/insolvency, any money you have paid us for any other components is not protected by a scheme of financial protection. If this is important to you, we recommend you book a Flexibletrips Package or obtain suitable travel insurance.
B6. International Conventions
If any International Convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to); in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Any applicable Protocols or amendments shall apply to all such International Conventions. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your travel arrangements.
For all bookings as described in Sections A or B above, a contract will exist between you and us when we issue a confirmation invoice/receipt/e-mail.
If you are booking on the internet or over the phone the lead name on the booking must be a minimum age of 18. If you are under 18 and travelling without an adult we will only allow you to book at a high street travel agent provided your parent/legal guardian is present and subject to you satisfying our suppliers' conditions of travel. The parent/guardian will be required to sign the booking form in front of the travel agent and a contract will then exist between the parent/legal guardian and us. The lead name (or parent/guardian) is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information on our websites (as applicable).
C1. Payment Terms
For all bookings, you must pay either: (i) the full fare (depending on our suppliers' conditions for the travel arrangements in question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in question, the amount of which will be advised at the time of booking. Followed by the final balance of the cost by a specified date.
For all bookings, if full payment was not made at the time of booking, any outstanding balance must be reach us no later than 12 weeks before your date of departure. Bookings made within 12 weeks of departure will always be subject to full payment at the time of booking.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION. If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
C2. Method of Payment
If you book online at www.flexibletrips.com, our booking agent, Thomas Cook Retail Ltd, will take payment on our behalf on the following terms:
Credit Cards: Payment can be made by Barclaycard/Visa or MasterCard. Customers choosing to pay by credit card will be subject to a credit card handling fee, the amount of which will be advised at the time of booking. Debit Cards: Most forms of debit card can be accepted and there will not be a handling fee for payment by this method.
Prevention of Fraud: You will be asked to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We or our booking agent reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied. To help combat fraudulent activity, random checks may be carried out, including checks of the electoral roll, and you may be requested to either fax or post to our booking agent proof of your address and a copy of the credit card and recent statement before any tickets are issued to you.
C3. Insurance
It is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities which you expect to take part in. For a no obligation quote, please visit your local Thomas Cook or Going Places travel agent or visit the website www.thomascookinsurance.com .
C4. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
C5. Ticketing
Your tickets and any other documents relating to your booking will be sent to the address which you give at the time of booking, or may be delivered by e-mail in the form of an e-ticket if you supplied an e-mail address at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to departure. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
For bookings made within 7 days of departure, it is necessary for us to use a courier company which guarantees next day delivery and any charges will be passed on to you at the time of booking. In such cases, tickets will either be sent to you or to the departure airport, and this will be advised at the time of booking. Please note that the delivery charge is non-refundable.
C6. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before you leave the UK, certain airlines will not authorise us to issue a replacement. You would then be required to purchase a new ticket and there may be a delay of up to 12 months before we receive authority from the airline to make any refund to you. If the airline concerned does allow us to issue a replacement ticket, we will require payment of an administration fee from you. It is most important that you contact us as soon as you realise that your ticket is missing. If your ticket is lost or stolen after you have left the UK, certain airlines will not issue a duplicate. You will need to purchase a new ticket locally, at the local fare. When you return to the UK you can apply to us for a refund on your lost ticket, but any refund will be entirely at the discretion of the airline and it can take up to 12 months before we receive authority from the airline to make any refund.
C7. Changes You Make Before Travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of the transport or accommodation providers'.
For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.
The following tables set out the charges for changes you make to bookings, this is in addition to any difference in the price for the changed arrangements.
You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.
Changes to Accommodation
Please note that the majority of our flight, car hire, Eurostar and transfer providers do not typically allow changes to be made to tickets after bookings have been made. The tickets we sell are very restrictive and our charges reflect the charges imposed by our suppliers.
Changes such as name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price, in addition to any difference in price for the changed arrangements and, you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges".
Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
Our Charges
In addition to any charges applied by the transport providers, we will also apply a maximum charge of £25 for each person on the booking and for each item you want to change to cover our costs of administering the change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Changes to Transport
C8. Cancellation By You
The lead name on the booking must give to your travel agent or to us directly, notice to cancel. We will apply charges from the date we receive the instruction from you or your travel agent. For cancellations you make to accommodation, the charges set out in the table below will apply, in addition to any difference in price for the changed arrangements. The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
Please note, in some cases we negotiate special offer rates with our accommodation providers, such rates may not allow cancellations of accommodation – any such changes will incur up to 100% charges. Where this applies, you will be advised at the time of booking. For all other cancellations you make to accommodation the following charges apply.
The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. The tickets we sell are very restrictive and our cancellation charges reflect the charges imposed by our flight providers and Eurostar. Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Cancellation of Flight Only or Eurostar tickets
When we sell you a Package, the cancellation charges imposed on us by our suppliers are usually restrictive. Whilst our deposits usually cover most of the costs we incur if you cancel, some of the arrangements we sell are non-refundable. Our cancellation charges for Packages therefore significantly increase within 56 days of departure. Within 7 days of departure any cancellation you make incurs 100% charges and the price of your Package is non-refundable.
*Please note, in some cases we negotiate special offer rates with our providers, such rates will not allow any refund on cancellation of packages. This applies to all bookings made through flash sale sites such as Secret Escapes, Groupon and Travel Zoo.
Cancellation of Packages
When we refer to 'Optional Extras', we mean anything you choose to add to your booking that is additional to the inclusive transport and accommodation arrangements you book. For example, park tickets, event tickets, pre-bookable excursions or car hire. If you cancel any Optional Extras for which there is a cost, we will pass on any costs imposed by the provider of the service, in addition, we will charge up to £25 to cover our costs of administering the change. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.
C9. Suppliers' Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers' Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers' Conditions and our conditions, the Suppliers' Conditions will prevail, save to the extent that any term in the Suppliers' Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers' Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be available for inspection at the office or on the website of the relevant supplier.
C10. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
C11. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport – Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements.
Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
C12. Denied Boarding
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
C13. Complaints
If you are not satisfied with any aspect of your travel arrangements please complain as soon as possible to the relevant person (for example, the hotel management). If they cannot help you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to our offices in the UK within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone.
The address to send complaints to is:
Customer Relations Department
Flexibletrips
Thomas Cook Tour Operations Ltd
2/4 Godwin Street
Bradford
BD1 2ST
We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact CEDR Solve within 18 months of returning from your trip.
C14. Travel Advise
For up to date UK Government health & travel advice (including passport and visa requirements) please contact the Foreign & Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit www.fco.gov.uk. Alternatively call 0845 8502829. See our website for further information.
C15. Passport & Visas (British Citizens and Health Requirements
It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. General information on passport and visa requirements for British Citizens is available through our website or within the details sent to you. However, passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. We will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations, and you will have to pay to us any costs which we incur through helping you because of any such failure on your part.
C16. General Information
Joint Services: Please note that two airlines may share the same services; therefore a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
C17. Special Requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
C18. Disabled Travellers and Passengers with Reduced Mobility
We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact our Special Needs Team on 0800 916 0655. This is a dedicated telephone line for special needs enquiries and we are unable to transfer calls to other departments.
If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
Overseas accommodation and services:
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
C19. Excursions
Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based 'shore' excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort ("Overseas Booked Excursions") or pre-booked and paid for when you book with us ("Pre-booked Excursions"). All excursions are supplied by third party suppliers and are subject to the section entitled "Suppliers' Conditions" above. We accept, subject to the Sections entitled "Suppliers' Conditions" and "Our Liability to You" above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your booking with us and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also.
C20. Flight Detail
If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
C21. Information Accuracy
Descriptions of accommodation, facilities and services we provide are based on information obtained from our suppliers. Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
C22. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via a web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Company Secretary, Thomas Cook Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
C23. Your Responsibility
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result.
If your behaviour or the behaviour of any members of your travelling party causes any aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.
We cannot accept liability for the behaviour of others in your accommodation, flight, or for any facilities/services withdrawn as a result of their action.
C24. Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.
If you are booking on the internet or over the phone the lead name on the booking must be a minimum age of 18. If you are under 18 and travelling without an adult we will only allow you to book at a high street travel agent provided your parent/legal guardian is present and subject to you satisfying our suppliers' conditions of travel. The parent/guardian will be required to sign the booking form in front of the travel agent and a contract will then exist between the parent/legal guardian and us. The lead name (or parent/guardian) is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information on our websites (as applicable).
C1. Payment Terms
For all bookings, you must pay either: (i) the full fare (depending on our suppliers' conditions for the travel arrangements in question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in question, the amount of which will be advised at the time of booking. Followed by the final balance of the cost by a specified date.
For all bookings, if full payment was not made at the time of booking, any outstanding balance must be reach us no later than 12 weeks before your date of departure. Bookings made within 12 weeks of departure will always be subject to full payment at the time of booking.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION. If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
C2. Method of Payment
If you book online at www.flexibletrips.com, our booking agent, Thomas Cook Retail Ltd, will take payment on our behalf on the following terms:
Credit Cards: Payment can be made by Barclaycard/Visa or MasterCard. Customers choosing to pay by credit card will be subject to a credit card handling fee, the amount of which will be advised at the time of booking. Debit Cards: Most forms of debit card can be accepted and there will not be a handling fee for payment by this method.
Prevention of Fraud: You will be asked to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We or our booking agent reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied. To help combat fraudulent activity, random checks may be carried out, including checks of the electoral roll, and you may be requested to either fax or post to our booking agent proof of your address and a copy of the credit card and recent statement before any tickets are issued to you.
C3. Insurance
It is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities which you expect to take part in. For a no obligation quote, please visit your local Thomas Cook or Going Places travel agent or visit the website www.thomascookinsurance.com .
C4. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
C5. Ticketing
Your tickets and any other documents relating to your booking will be sent to the address which you give at the time of booking, or may be delivered by e-mail in the form of an e-ticket if you supplied an e-mail address at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to departure. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
For bookings made within 7 days of departure, it is necessary for us to use a courier company which guarantees next day delivery and any charges will be passed on to you at the time of booking. In such cases, tickets will either be sent to you or to the departure airport, and this will be advised at the time of booking. Please note that the delivery charge is non-refundable.
C6. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before you leave the UK, certain airlines will not authorise us to issue a replacement. You would then be required to purchase a new ticket and there may be a delay of up to 12 months before we receive authority from the airline to make any refund to you. If the airline concerned does allow us to issue a replacement ticket, we will require payment of an administration fee from you. It is most important that you contact us as soon as you realise that your ticket is missing. If your ticket is lost or stolen after you have left the UK, certain airlines will not issue a duplicate. You will need to purchase a new ticket locally, at the local fare. When you return to the UK you can apply to us for a refund on your lost ticket, but any refund will be entirely at the discretion of the airline and it can take up to 12 months before we receive authority from the airline to make any refund.
C7. Changes You Make Before Travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of the transport or accommodation providers'.
For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.
The following tables set out the charges for changes you make to bookings, this is in addition to any difference in the price for the changed arrangements.
You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.
- Accommodation Changes
Changes to Accommodation
| Accommodation | Notice given more than 8 days | Notice given 7 days or less |
| Name Changes | £10 per name change | Up to 100% of the accommodation cost |
| Changes of Accommodation | £15 per change per booking | Up to 100% of the accommodation cost |
| Change to arrival/departure date | £15 per change per booking | Up to 100% of the accommodation cost |
- Transport Changes
Please note that the majority of our flight, car hire, Eurostar and transfer providers do not typically allow changes to be made to tickets after bookings have been made. The tickets we sell are very restrictive and our charges reflect the charges imposed by our suppliers.
Changes such as name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price, in addition to any difference in price for the changed arrangements and, you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges".
Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
Our Charges
In addition to any charges applied by the transport providers, we will also apply a maximum charge of £25 for each person on the booking and for each item you want to change to cover our costs of administering the change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Changes to Transport
| Transport Services (Flights, Eurostar, Car Hire, Transfers) | Suppliers' Charges | Our Charges |
| Any change including name changes, destination, date and time changes. | Up to 100% of the cost as advised to us by the transport provider(s) | Up to £25 per person per change. |
C8. Cancellation By You
The lead name on the booking must give to your travel agent or to us directly, notice to cancel. We will apply charges from the date we receive the instruction from you or your travel agent. For cancellations you make to accommodation, the charges set out in the table below will apply, in addition to any difference in price for the changed arrangements. The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
- Cancellation of Accommodation
Please note, in some cases we negotiate special offer rates with our accommodation providers, such rates may not allow cancellations of accommodation – any such changes will incur up to 100% charges. Where this applies, you will be advised at the time of booking. For all other cancellations you make to accommodation the following charges apply.
| Time we receive your notice to cancel before departure | Accommodation Only Cancellation charge |
| More than 56 days | Loss of Deposit |
| 56-35 days | 20% of Accommodation cost (or loss of deposit if greater) |
| 34-15 days | 30% of Accommodation cost (or loss of deposit if greater) |
| 14-8 days | 50% of Accommodation cost (or loss of deposit if greater) |
| 7 days or fewer | 100% of Accommodation cost |
- Flight Only or Eurostar Only Cancellations
The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. The tickets we sell are very restrictive and our cancellation charges reflect the charges imposed by our flight providers and Eurostar. Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Cancellation of Flight Only or Eurostar tickets
| Flight Only or Eurostar Only Cancellation Charge |
| 100% of the cost you have paid us when you give notice to cancel |
- Cancellation of Packages
When we sell you a Package, the cancellation charges imposed on us by our suppliers are usually restrictive. Whilst our deposits usually cover most of the costs we incur if you cancel, some of the arrangements we sell are non-refundable. Our cancellation charges for Packages therefore significantly increase within 56 days of departure. Within 7 days of departure any cancellation you make incurs 100% charges and the price of your Package is non-refundable.
*Please note, in some cases we negotiate special offer rates with our providers, such rates will not allow any refund on cancellation of packages. This applies to all bookings made through flash sale sites such as Secret Escapes, Groupon and Travel Zoo.
Cancellation of Packages
| Time we receive your notice to cancel before departure | Package Cancellation charge |
| More than 56 days | Loss of Deposit for each person cancelling. |
| 56-8 days | 80% of the total Package cost for each person cancelling. |
| 7 days or fewer | 100% of the total Package cost for each person cancelling. |
- Cancellation of Optional Extras
When we refer to 'Optional Extras', we mean anything you choose to add to your booking that is additional to the inclusive transport and accommodation arrangements you book. For example, park tickets, event tickets, pre-bookable excursions or car hire. If you cancel any Optional Extras for which there is a cost, we will pass on any costs imposed by the provider of the service, in addition, we will charge up to £25 to cover our costs of administering the change. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.
C9. Suppliers' Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers' Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers' Conditions and our conditions, the Suppliers' Conditions will prevail, save to the extent that any term in the Suppliers' Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers' Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be available for inspection at the office or on the website of the relevant supplier.
C10. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
C11. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport – Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements.
Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
C12. Denied Boarding
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
C13. Complaints
If you are not satisfied with any aspect of your travel arrangements please complain as soon as possible to the relevant person (for example, the hotel management). If they cannot help you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to our offices in the UK within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone.
The address to send complaints to is:
Customer Relations Department
Flexibletrips
Thomas Cook Tour Operations Ltd
2/4 Godwin Street
Bradford
BD1 2ST
We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact CEDR Solve within 18 months of returning from your trip.
C14. Travel Advise
For up to date UK Government health & travel advice (including passport and visa requirements) please contact the Foreign & Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit www.fco.gov.uk. Alternatively call 0845 8502829. See our website for further information.
C15. Passport & Visas (British Citizens and Health Requirements
It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. General information on passport and visa requirements for British Citizens is available through our website or within the details sent to you. However, passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. We will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations, and you will have to pay to us any costs which we incur through helping you because of any such failure on your part.
C16. General Information
Joint Services: Please note that two airlines may share the same services; therefore a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
C17. Special Requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
C18. Disabled Travellers and Passengers with Reduced Mobility
We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact our Special Needs Team on 0800 916 0655. This is a dedicated telephone line for special needs enquiries and we are unable to transfer calls to other departments.
If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
Overseas accommodation and services:
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
C19. Excursions
Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based 'shore' excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort ("Overseas Booked Excursions") or pre-booked and paid for when you book with us ("Pre-booked Excursions"). All excursions are supplied by third party suppliers and are subject to the section entitled "Suppliers' Conditions" above. We accept, subject to the Sections entitled "Suppliers' Conditions" and "Our Liability to You" above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your booking with us and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also.
C20. Flight Detail
If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
C21. Information Accuracy
Descriptions of accommodation, facilities and services we provide are based on information obtained from our suppliers. Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
C22. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via a web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Company Secretary, Thomas Cook Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
C23. Your Responsibility
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result.
If your behaviour or the behaviour of any members of your travelling party causes any aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.
We cannot accept liability for the behaviour of others in your accommodation, flight, or for any facilities/services withdrawn as a result of their action.
C24. Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.
Please read the following booking conditions carefully as they set out the terms and conditions of the contract between you and
Co-op Group Travel 1 Ltd, trading as Spectrum Cruise (we, us and our). When we refer to a Package in these conditions, we mean a package
holiday as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992. Our obligations will vary depending on whether or not you
have booked a Package.
1. Your Contract/Financial Protection
The financial bonding requirements of ABTA The Travel Association or of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our CAA ATOL number is 6613 and our ABTA membership number is V4015. The flight inclusive Package holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL granted by the Civil Aviation Authority. When you buy a Package holiday from us on or after 1 October 2012 you will receive an ATOL Certificate which lists the travel services included in that package holiday that are financially protected, where you can get information on what this means for you and who to contact if things go wrong - see www.atol.org.uk for more details.
We will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative in accordance with our contractual/legal obligations to you). In the unlikely event we are unable to do so due to our insolvency, an alternative ATOL holder may provide you with the travel services you have purchased 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 may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). For further information visit the ATOL website at www.atol.org.uk.
Where you book with us via a travel agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Our registered office is The Thomas Cook Business Park, Coningsby Road, Peterborough PE3 8SB, and our company registration number is 07413801 England.
2. Your Booking
For all bookings a contract will exist between you and us when we issue a confirmation invoice/receipt/e-mail.
The lead name on the booking must be a minimum age of 21. The lead name is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information on our websites (as applicable).
If you are booking a cruise and require more than one stateroom, cruise operators may stipulate minimum passenger ages for each stateroom so please make the appropriate enquiries with us before you book. Most cruise operators will refuse permission for children aged 6 months or less (in some cases 12 months or less) to board the ship. Neither we nor the cruise operator shall have any liability for any consequences of such a refusal.
3. Payment Terms
For all bookings, you must pay either:-
(i) the full fare (depending on our supplier's conditions for the travel arrangements in question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in question, the amount of which will be advised at the time of booking.
You will be advised at the time of booking whether a deposit or full payment is required. If you pay only a deposit, you will be advised at the time of booking the date at which your final balance must reach us. The final balance date will usually be 17 weeks but may vary depending on our agreement with the cruise supplier.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION. If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
4. Method of Payment
Credit Cards: We accept Barclaycard/Visa, Access/MasterCard. Customers choosing to use this method of payment will be subject to a credit card handling fee of which will be advised at the time of booking. Debit Cards: we accept payment by most forms of debit card. We will not charge a handling fee for payment by this method.
Prevention of Fraud: We will ask you to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied to us. To help combat fraudulent activity, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any tickets.
5. Special Requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room or cruise ship state room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
6. Disabled Travellers and Passengers with Reduced Mobility
We cannot be held responsible if you fail to tell us about a special needs/requirements that will affect your holiday experience and this means we will not compensate you if an incident does occur. This must be discussed prior to doing the booking with the sales agent so all detail can be looked into before the booking is confirmed.
We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary before the booking is made.
Overseas accommodation and services
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
Cruises
(i) We and our third party cruise suppliers reserve the right to require you to produce medical evidence of fitness to travel on cruises.
(ii) If you (or a member of your party) have a physical or mental disability or any other condition which may require special treatment or assistance (including those who use wheelchairs) you must advise us in writing before you make a booking. If you (or any member of your party) use a wheelchair, you must furnish your own standard size wheelchair and you must be accompanied by a travelling companion fit and able to assist you. Cruise ships' wheelchairs are for emergency use only. We and our third party cruise suppliers reserve the right to refuse passage to you if you fail to notify us and our third party cruise suppliers of such disabilities or need for assistance or who in our opinion is unfit for travel or whose condition may constitute a danger to themselves or others on board.
You acknowledge that medical care while on a cruise ship may be limited or delayed and that the ship may travel to destinations where medical care is unavailable. Certain international safety requirements, shipbuilding requirements and/or applicable regulations may cause difficulty for mobility-impaired persons or persons with severely impaired sight and/or hearing. If you require the use of a wheelchair you must provide your own as any wheelchairs available on cruise ships are for emergency use only. For convenience and comfort collapsible wheelchairs are strongly recommended. Standard cabins on cruise ships are not designed to be barrier free and wheelchair accessible. You must be physically fit to undertake the holiday. You must be self sufficient and/or must travel with a companion able to provide any assistance needed during the holiday. You may not be able to participate in certain activities or programs either on board the ship or onshore at ports of call if to do so would create a risk of harm to yourself or any other person.
7. Pregnancy
Cruise ships do not have adequate medical facilities for childbirth on board. Cruise ships will not carry you if you have entered or passed your 24th - 28th week of pregnancy at any point in your cruise - the exact timing depends upon the cruise ship operator. You must, therefore, check with us at the time of booking. All pregnant women should produce a doctor's or midwife's letter stating that mother and baby are in good health, fit to travel and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery (EDD) as calculated from both the last menstrual period (LMP) and ultrasound if this has been performed. We cannot accept a booking or subsequently carry you unless you comply with this section. If you are pregnant and made a booking (or made a booking on behalf of a pregnant passenger) before it could reasonably have been known that you or the passenger would not be able to join the cruise because you have entered or passed the 24th - 28th (as the case may be) week of pregnancy, if we can obtain a refund or part refund of the cruise element of your booking from the cruise operator, we will pass this onto you, but we shall otherwise have no liability whatsoever to you, to provide a refund of other arrangements you have booked with us (such as flights or accommodation). We and our third party cruise suppliers expressly reserve the right to refuse passage on board to you if you appear to be in an advanced state of pregnancy and we shall not have any liability whatsoever in respect of either such refusal and/or your carriage.
8. Surcharges - Price Increases After Booking
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your Package may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place.
9. Changes Made By Us Before Travel
From time to time we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before your Package, if there is time. Changes we will tell you about include:
If you do not want to accept a significant change, which we will tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Unless the change is as a result of circumstances listed in the paragraph below headed 'Circumstances Beyond our Control', we will pay you compensation as shown in the table below. If you accept the significant change or amend to a different Package offered for sale by us you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.
Compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on 'free child places', 'free group places' or infants.
10. Minor Changes Made By Us Before Travel
Any change which is not deemed to be significant, as outlined in the Section entitled "Changes made by us before travel", will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of this change.
11. Cancellation By Us
We can cancel your Package and any other holiday we operate. On rare occasions, we may need to cancel your Package if there is insufficient demand for your particular Package. If we have to cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 8 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen, where we could not avoid the results of those circumstances even after taking all reasonable care. (See 'Circumstances Beyond Our Control' above). No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
12. Changes You Make Before Travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of the transport or accommodation providers'.
For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.
The following tables set out the charges for changes you make to bookings, this is in addition to any difference in the price for the changed arrangements. You are not permitted to change all the names on any booking and at least one of the passengers (over 21) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.
Changes to Accommodation
Transport Changes (including changes to cruise)
Please note that the majority of our flight, cruise, car hire, Eurostar and transfer providers do not typically allow changes to be made to tickets after bookings have been made. The tickets we sell are very restrictive and our charges reflect the charges imposed by our suppliers.
Changes such as name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price, in addition to any difference in price for the changed arrangements and, you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges".
Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
Our Charges
In addition to any charges applied by the transport providers, we will also apply a maximum charge of £25 for each person on the booking and for each item you want to change to cover our costs of administering the change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Changes to Transport
13. Cancellation By You
The lead name on the booking must give to your travel agent or to us directly, notice to cancel. We will apply charges from the date we receive the instruction from you or your travel agent. For cancellations you make to accommodation, the charges set out in the table below will apply, in addition to any difference in price for the changed arrangements. The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. For cancellations of cruises the tickets we sell are restrictive, we will pass on to you the charges imposed by the suppliers of these services plus an additional charge to cover our administration of the cancellation.
If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
Cancellation of Accommodation
Please note, in some cases we negotiate special offer rates with our accommodation providers, such rates may not allow cancellations of accommodation - any such changes will incur up to 100% charges. Where this applies, you will be advised at the time of booking. For all other cancellations you make to accommodation the following charges apply.
Cancellation of Your Cruise and/or Your Flight
Cancellation of a cruise and/or flight is subject to the conditions of our cruise suppliers. The tickets we sell for our cruise / flight providers can be restrictive. The cruise /flight operator may impose charges of up to 100% of the cost of the cruise or flight, regardless of the notice you give for cancellation. We will pass on to you the cost imposed by the cruise / flight operator, which could be up to 100% of the ticket price and you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges" below. For any other arrangements that form part of your cruise booking, such as accommodation, please refer to the relevant section of these conditions for details.
Our Charges
In addition to any charges applied by our cruise providers, we will also apply a maximum charge of £75 for each person on the booking who wants to cancel, to cover our costs of we what we have incurred in handling your booking up to the day of cancellation and the cost of administering the cancellation.
Cancellations You Make to Cruises/Flights
Cancellation of Optional Extras
When we refer to 'Optional Extras', we mean anything you choose to add to your booking that is additional to the inclusive transport and accommodation arrangements you book. For example, park tickets, event tickets, pre-bookable excursions or car hire. If you cancel any Optional Extras for which there is a cost, we will pass on any costs imposed by the provider of the service, in addition, we will charge up to £25 to cover our costs of administering the change. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.
14. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
15. Flight Detail
If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
Joint Services: Please note that two airlines may share the same services; therefore a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
16. Changes Made After Travel
If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
17. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Package after departure, or we, or our suppliers, cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development). Cruise ships shall also be at liberty to deviate from the advertised route and to call (or omit to call) at any port or place to tow and assist vessels and to offer or render assistance to preserve life or property or for any other reason or purpose which in the judgment of the Master of the ship (whether alone or acting on advice from others) is reasonable including, but not limited to, weather conditions, operational matters, the medical condition of anyone on board or the safety, comfort or convenience of Guests. Such deviation shall not give rise to any liability on our part and shall not represent a significant change to the Package.
18. Contagious or Infectious Diseases Affecting Your Cruise
At any port or place the Cruise operator may refuse to embark or may disembark any customer who, in the opinion of the Master, ship's medical personnel or other authorised ship's officer, might be excluded from landing at destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other customers or the crew. In such cases you shall not be entitled to any refund of the Package cost or compensation of any kind. Additionally, we will have no liability for any costs or expenses you incur as a result. In cases of quarantine of the ship involving your detention, you must bear all risk and expense thereby caused and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the ship, and for all other quarantine fees and expenses assessed or incurred by you.
19. Our Liability To You - Package Holidays
(i) Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers', obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Package not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the Package. This maximum will only be payable when every aspect of your Package has gone wrong and you have not received any benefit from your Package. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
(iv) For claims which involve death or personal injury as a result of an activity forming part of your Package (excluding Overseas Booked Excursions see Section entitled "Excursions"), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation.
(v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(vi) If any International Convention applies to or governs any of the services or facilities included in your Package arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your Package. Any applicable Protocols or amendments shall apply to all such International Conventions.
(vii) International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
(viii) The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) ("the Athens Convention") apply to the cruise element of your Package as well as the process of getting on or off the ship concerned.
(a) We limit our liability, where applicable, by the Conventions referred to in this Section and by the terms detailed in Section A9.
(b) All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier (which may be our third party cruise supplier or their sub-contractor). Such terms may limit or exclude liability, are expressly incorporated into these booking conditions and also form the terms and conditions of separate contracts between you and the particular carrier as contained in the carrier's ticket which is provided to you before your scheduled departure date. You can get copies of the relevant terms and conditions if you ask us.
(c) Carriage of passengers and their luggage by sea is governed by the Athens Convention. You can get copies of this Convention if you ask us. The Athens Convention is expressly incorporated into these booking conditions and our liability for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be determined accordingly. In most cases, the Athens Convention limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to you unless you give us or the cruise operator written notice.
(i) in the case of apparent damage, before or at the time of disembarkation or redelivery of luggage;
(ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damages payable by us up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by you and by the maximum amount deductible as specified in Article 8 (4) of the Athens Convention.
(d) Notwithstanding that the cruise is performed on a cruise ship not owned by us, it is agreed that we shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976 (as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time), and so are entitled to limit our liability under its terms.
(ix) Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
(x) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have A Complaint".
(xi) Should you become ill while on your Package, you must, in addition to reporting your illness to our representative, Cruise Customer Relations Desk, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
(xii) If you or any member of your party suffers during your Package any difficulty through misadventure as a result of any activity which does not form part of your contracted Package arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
(xiii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
20. Baggage
The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in the above and below sections on 'Our Liability to You'. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier's conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount.
21. Our Liability to You - Non-Package Holidays
The following applies to bookings which are not a Package, such as single components. Our responsibility is to make arrangements for the provision by the relevant suppliers (including air carrier of air transport, accommodation owner/supplier, car hire provider, attraction ticket/excursion provider) of the components you book, but we do not have any responsibility for the operation of the component itself. We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your use of the single component unless we have negligently failed to select a normally competent provider of the relevant component. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the single component you have booked with us. Please note, with the exception of flight only bookings which are ATOL protected under our ATOL License 6613, in the unlikely event of our collapse/insolvency, any money you have paid us for any other components is not protected by a scheme of financial protection. If this is important to you, we recommend you book a Package or obtain suitable travel insurance.
If any International Convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to); in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Any applicable Protocols or amendments shall apply to all such International Conventions. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your travel arrangements.
22. Suppliers' Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers' Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers' Conditions and our conditions, the Suppliers' Conditions will prevail, save to the extent that any term in the Suppliers' Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers' Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be available for inspection at the office or on the website of the relevant supplier.
23. Insurance
It is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities which you expect to take part in. For a no obligation quote, please visit your local Thomas Cook or Going Places travel agent or visit the website. www.thomascookinsurance.com.
24. Ticketing
Your tickets and any other documents relating to your booking will be sent to the address which you give us at the time of booking, or may be delivered by e-mail in the form of an e-ticket if you supplied an e-mail address at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to departure. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
For bookings made within 7 days of departure, it is necessary for us to use a courier company which guarantees next day delivery and any charges will be passed on to you at the time of booking. In such cases, tickets will either be sent to you or to the departure airport, and this will be advised at the time of booking. Please note that the delivery charge is non-refundable.
25. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before you leave the UK, certain airlines will not authorise us to issue a replacement. You would then be required to purchase a new ticket and there may be a delay of up to 12 months before we receive authority from the airline to make any refund to you. If the airline concerned does allow us to issue a replacement ticket, we will require payment of an administration fee from you. It is most important that you contact us as soon as you realise that your ticket is missing. If your ticket is lost or stolen after you have left the UK, certain airlines will not issue a duplicate. You will need to purchase a new ticket locally, at the local fare. When you return to the UK you can apply to us for a refund on your lost ticket, but any refund will be entirely at the discretion of the airline and it can take up to 12 months before we receive authority from the airline to make any refund.
26. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
27. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport - Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements.
Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
28. At the Cruise Terminal - Advance Registration and Check-in
To comply with Government and security requirements, cruise ship operators will require you to register your details with them in advance of travel and may also ask you to complete an online check-in process. We will include details of advance registration and online check-in procedures (as applicable to each cruise operator) on your confirmation invoice or with your tickets where known but it is your responsibility to check the relevant cruise operator's registration and check in process. Failure to submit the requested information accurately and in full may result in delays at the cruise terminal and you may be denied boarding onto the cruise ship. We accept no responsibility for such consequences.
Please also note carefully information regarding embarkation times and departure times of your cruise ship. You are advised to be onboard the ship a minimum of 2 hours before the departure time (in some cases 1 hour before departure time is permitted at ports of call but check with the cruise operator first). If you do not arrive to embark on time at any port or place then we shall have no liability in respect of the consequences. In respect of cruises, the cruise operators shall not be obliged to delay or deviate from the intended itinerary and you must bear any and all costs arising as a result. Costs associated with transportation to rejoin the cruise ship such as, but not limited to, Government fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be borne by you.
29. Gratuities and Service Charges
The cruise operators' policies regarding onboard gratuities and/or service charges for the services provided by their staff vary. Most cruise operators apply one or more of the following policies:
Gratuities or Service Charges may be left to your discretion;
A daily charge may be automatically added to your onboard account which can be removed on request;
A charge may be included in the price of our cruise Packages, which you pay in advance of travel. Where this applies it may be possible to ask for the charge to be removed and added to your onboard ship account.
Some cruise operators may apply a compulsory daily service charge to your onboard account but do not expect you to tip at all during the cruise.
Whichever scheme the cruise operator uses, you will be required to abide by their gratuity / service charge policy and must settle your account in full before disembarking the ship at the end of your cruise. Where we are made aware of a cruise operators policy on gratuities or service charges details will be provided either at the time of booking, on our invoices or with the cruise operators tickets.
30. Travel Advice
For up to date UK Government health & travel advice (including passport and visa requirements) please contact the Foreign & Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit www.fco.gov.uk. Alternatively call 0845 8502829. See our website for further information.
31. Passports & Visas (British Citizens) and Health Requirements
It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. General information on passport and visa requirements for British Citizens is available through our website or within the details sent to you. However, passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. We will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations, and you will have to pay to us any costs which we incur through helping you because of any such failure on your part.
32. Your Responsibility, Safety and Security
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result.
If your behaviour or the behaviour of any members of your travelling party causes any aircraft or cruise ship to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.
We cannot accept liability for the behaviour of others in your accommodation, cruise ship or flight, or for any facilities/services withdrawn as a result of their action.
Your Safety and Security
(i) We expect at all times that you conduct yourself in a proper manner and with due regard for the health, safety, comfort, enjoyment and general well-being of all persons both on board the cruise ship and involved in the provision of any service or facility forming part of the cruise or any Excursion (including Overseas Booked Excursions or Pre-booked Excursions), and, by booking with us, you expressly agree to this. If it appears that your conduct, behaviour or health is such as to be a breach of this requirement or your behaviour, health or conduct is likely to endanger your own health or safety or that of any other passenger or crew or may make you likely to be refused permission to go ashore at any port or may make us liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then we and our third party cruise suppliers and/or the cruise ship's Master shall have the right to take any one or more of the following measures as may appear to be reasonable and appropriate in the particular circumstances -
1. refuse to embark or to disembark you at any port or other place of call;
2. disembark you;
3. transfer you to another berth;
4. confine you to a particular stateroom or to the cruise ship's medical centre;
5. through the cruise ship's doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine you to a hospital or any similar institution at any port as the cruise ship's doctor may consider necessary.
(ii) In the event of any action taken pursuant to this section of the Booking Conditions, neither you nor (at our and our third party cruise supplier's discretion) any other person travelling with you (whether or not under the same booking) shall be entitled to make a claim against us for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the UK or to any other place or for any other form of loss or expense whatsoever. Where you are repatriated pursuant to this section at our expense, we reserve the right to recover our costs.
33. Excursions
Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based 'shore' excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort or on cruise ships ("Overseas Booked Excursions") or pre-booked and paid for when you book with us ("Pre-booked Excursions"). All excursions are supplied by third party suppliers and are subject to the section entitled "Suppliers' Conditions" above. We accept, subject to the Sections entitled "Suppliers' Conditions" and "Our Liability to You" above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your booking with us and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also.
34. Information Accuracy
Descriptions of accommodation, facilities and services and cruise facilities and itineraries we provide are based on information obtained from our suppliers. Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
35. Complaints
If you are not satisfied with any aspect of your travel arrangements please complain as soon as possible to the relevant person (for example, the hotel management, Customer Relations Desk on board the cruise ship). If they cannot help you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to our offices in the UK within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone.
The address to send complaints to is:
Customer Relations Department
Spectrum Stay & Cruise
2/4 Godwin Street
Bradford
BD1 2ST
We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact CEDR Solve within 18 months of returning from your trip.
36. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Company Secretary, Thomas Cook Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
37. Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.
1. Your Contract/Financial Protection
The financial bonding requirements of ABTA The Travel Association or of the Civil Aviation Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our CAA ATOL number is 6613 and our ABTA membership number is V4015. The flight inclusive Package holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL granted by the Civil Aviation Authority. When you buy a Package holiday from us on or after 1 October 2012 you will receive an ATOL Certificate which lists the travel services included in that package holiday that are financially protected, where you can get information on what this means for you and who to contact if things go wrong - see www.atol.org.uk for more details.
We will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative in accordance with our contractual/legal obligations to you). In the unlikely event we are unable to do so due to our insolvency, an alternative ATOL holder may provide you with the travel services you have purchased 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 may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). For further information visit the ATOL website at www.atol.org.uk.
Where you book with us via a travel agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Our registered office is The Thomas Cook Business Park, Coningsby Road, Peterborough PE3 8SB, and our company registration number is 07413801 England.
2. Your Booking
For all bookings a contract will exist between you and us when we issue a confirmation invoice/receipt/e-mail.
The lead name on the booking must be a minimum age of 21. The lead name is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto and confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions, and all other information on our websites (as applicable).
If you are booking a cruise and require more than one stateroom, cruise operators may stipulate minimum passenger ages for each stateroom so please make the appropriate enquiries with us before you book. Most cruise operators will refuse permission for children aged 6 months or less (in some cases 12 months or less) to board the ship. Neither we nor the cruise operator shall have any liability for any consequences of such a refusal.
3. Payment Terms
For all bookings, you must pay either:-
(i) the full fare (depending on our supplier's conditions for the travel arrangements in question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in question, the amount of which will be advised at the time of booking.
You will be advised at the time of booking whether a deposit or full payment is required. If you pay only a deposit, you will be advised at the time of booking the date at which your final balance must reach us. The final balance date will usually be 17 weeks but may vary depending on our agreement with the cruise supplier.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION. If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
4. Method of Payment
Credit Cards: We accept Barclaycard/Visa, Access/MasterCard. Customers choosing to use this method of payment will be subject to a credit card handling fee of which will be advised at the time of booking. Debit Cards: we accept payment by most forms of debit card. We will not charge a handling fee for payment by this method.
Prevention of Fraud: We will ask you to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied to us. To help combat fraudulent activity, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any tickets.
5. Special Requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room or cruise ship state room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
6. Disabled Travellers and Passengers with Reduced Mobility
We cannot be held responsible if you fail to tell us about a special needs/requirements that will affect your holiday experience and this means we will not compensate you if an incident does occur. This must be discussed prior to doing the booking with the sales agent so all detail can be looked into before the booking is confirmed.
We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary before the booking is made.
Overseas accommodation and services
The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied.
Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
Cruises
(i) We and our third party cruise suppliers reserve the right to require you to produce medical evidence of fitness to travel on cruises.
(ii) If you (or a member of your party) have a physical or mental disability or any other condition which may require special treatment or assistance (including those who use wheelchairs) you must advise us in writing before you make a booking. If you (or any member of your party) use a wheelchair, you must furnish your own standard size wheelchair and you must be accompanied by a travelling companion fit and able to assist you. Cruise ships' wheelchairs are for emergency use only. We and our third party cruise suppliers reserve the right to refuse passage to you if you fail to notify us and our third party cruise suppliers of such disabilities or need for assistance or who in our opinion is unfit for travel or whose condition may constitute a danger to themselves or others on board.
You acknowledge that medical care while on a cruise ship may be limited or delayed and that the ship may travel to destinations where medical care is unavailable. Certain international safety requirements, shipbuilding requirements and/or applicable regulations may cause difficulty for mobility-impaired persons or persons with severely impaired sight and/or hearing. If you require the use of a wheelchair you must provide your own as any wheelchairs available on cruise ships are for emergency use only. For convenience and comfort collapsible wheelchairs are strongly recommended. Standard cabins on cruise ships are not designed to be barrier free and wheelchair accessible. You must be physically fit to undertake the holiday. You must be self sufficient and/or must travel with a companion able to provide any assistance needed during the holiday. You may not be able to participate in certain activities or programs either on board the ship or onshore at ports of call if to do so would create a risk of harm to yourself or any other person.
7. Pregnancy
Cruise ships do not have adequate medical facilities for childbirth on board. Cruise ships will not carry you if you have entered or passed your 24th - 28th week of pregnancy at any point in your cruise - the exact timing depends upon the cruise ship operator. You must, therefore, check with us at the time of booking. All pregnant women should produce a doctor's or midwife's letter stating that mother and baby are in good health, fit to travel and that the pregnancy is not high-risk. The letter must also include the estimated date of delivery (EDD) as calculated from both the last menstrual period (LMP) and ultrasound if this has been performed. We cannot accept a booking or subsequently carry you unless you comply with this section. If you are pregnant and made a booking (or made a booking on behalf of a pregnant passenger) before it could reasonably have been known that you or the passenger would not be able to join the cruise because you have entered or passed the 24th - 28th (as the case may be) week of pregnancy, if we can obtain a refund or part refund of the cruise element of your booking from the cruise operator, we will pass this onto you, but we shall otherwise have no liability whatsoever to you, to provide a refund of other arrangements you have booked with us (such as flights or accommodation). We and our third party cruise suppliers expressly reserve the right to refuse passage on board to you if you appear to be in an advanced state of pregnancy and we shall not have any liability whatsoever in respect of either such refusal and/or your carriage.
8. Surcharges - Price Increases After Booking
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your Package may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place.
9. Changes Made By Us Before Travel
From time to time we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before your Package, if there is time. Changes we will tell you about include:
- Change of your UK departure point
- Significant change of your destination
- A change of more than 12 hours to the time you leave the UK or your destination or, a change of time of embarkation or disembarkation by more than 12 hours
- A significant change of itinerary missing out two or more ports altogether
If you do not want to accept a significant change, which we will tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Unless the change is as a result of circumstances listed in the paragraph below headed 'Circumstances Beyond our Control', we will pay you compensation as shown in the table below. If you accept the significant change or amend to a different Package offered for sale by us you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.
| Period of notice we give you or your travel agent before departure | Compensation for each full fare paying passenger | |
| Option 1 | Option 2 | |
| More than 112 days | £0 | £0 |
| 112-43 days | £10 | £5 |
| 42-29 days | £20 | £10 |
| 28-11 days | £30 | £15 |
| 10-0 days | £40 | £25 |
Compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on 'free child places', 'free group places' or infants.
10. Minor Changes Made By Us Before Travel
Any change which is not deemed to be significant, as outlined in the Section entitled "Changes made by us before travel", will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of this change.
11. Cancellation By Us
We can cancel your Package and any other holiday we operate. On rare occasions, we may need to cancel your Package if there is insufficient demand for your particular Package. If we have to cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In these circumstances, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose another offered for sale by us and pay, or receive a full refund of, any price difference. Or, if you prefer, you can receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. However, we will not cancel your Package within 8 weeks of departure except if we are forced to do so because of unusual circumstances we could not have foreseen, where we could not avoid the results of those circumstances even after taking all reasonable care. (See 'Circumstances Beyond Our Control' above). No compensation will be payable in these circumstances, whenever they happen, and we will only have to offer you the above choices. We can also cancel if you fail to make payment for your booking on time.
12. Changes You Make Before Travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of the transport or accommodation providers'.
For any changes that can be made, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
The lead name on the booking must give to your travel agent or to us directly, notice to change. We will apply charges from the date we receive the instruction from you or your travel agent.
The following tables set out the charges for changes you make to bookings, this is in addition to any difference in the price for the changed arrangements. You are not permitted to change all the names on any booking and at least one of the passengers (over 21) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.
Changes to Accommodation
| Accommodation | Notice given more than 8 days | Notice given 7 days or less |
| Name Changes | £10 per name change | Up to 100% of the accommodation cost |
| Changes of Accommodation | £15 per change per booking | Up to 100% of the accommodation cost |
| Change to arrival/departure date | £15 per change per booking | Up to 100% of the accommodation cost |
Transport Changes (including changes to cruise)
Please note that the majority of our flight, cruise, car hire, Eurostar and transfer providers do not typically allow changes to be made to tickets after bookings have been made. The tickets we sell are very restrictive and our charges reflect the charges imposed by our suppliers.
Changes such as name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price, in addition to any difference in price for the changed arrangements and, you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges".
Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
Our Charges
In addition to any charges applied by the transport providers, we will also apply a maximum charge of £25 for each person on the booking and for each item you want to change to cover our costs of administering the change. Any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
Please note that the price of your flight includes the amount (currently £2.50 per person) which we are required to pay to the CAA as part of the ATOL Protection Contribution ("the APC Sum"). In the event that you choose to cancel your flight the APC Sum is not refundable in any circumstances.
Changes to Transport
| Transport Services (Flights, Cruises, Eurostar, Car Hire, Transfers) | Suppliers' Charges | Our Charges |
| Any change including name changes, destination, date and time changes | Up to 100% of the cost as advised to us by the transport provider(s) | Up to £25 per person per change. |
13. Cancellation By You
The lead name on the booking must give to your travel agent or to us directly, notice to cancel. We will apply charges from the date we receive the instruction from you or your travel agent. For cancellations you make to accommodation, the charges set out in the table below will apply, in addition to any difference in price for the changed arrangements. The flights and Eurostar tickets we sell are 100% non-refundable in the event you want to cancel your booking in full or in part. For cancellations of cruises the tickets we sell are restrictive, we will pass on to you the charges imposed by the suppliers of these services plus an additional charge to cover our administration of the cancellation.
If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
Cancellation of Accommodation
Please note, in some cases we negotiate special offer rates with our accommodation providers, such rates may not allow cancellations of accommodation - any such changes will incur up to 100% charges. Where this applies, you will be advised at the time of booking. For all other cancellations you make to accommodation the following charges apply.
| Time we receive your notice to cancel before departure | Accommodation Only Cancellation Charge |
| More than 56 days | Loss of deposit |
| 56-35 days | 20% of Accommodation cost (or loss of deposit if greater) |
| 34-15 days | 30% of Accommodation cost (or loss of deposit if greater) |
| 14-8 days | 50% of Accommodation cost (or loss of deposit if greater) |
| 7 days or fewer | 100% of Accommodation cost |
Cancellation of Your Cruise and/or Your Flight
Cancellation of a cruise and/or flight is subject to the conditions of our cruise suppliers. The tickets we sell for our cruise / flight providers can be restrictive. The cruise /flight operator may impose charges of up to 100% of the cost of the cruise or flight, regardless of the notice you give for cancellation. We will pass on to you the cost imposed by the cruise / flight operator, which could be up to 100% of the ticket price and you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges" below. For any other arrangements that form part of your cruise booking, such as accommodation, please refer to the relevant section of these conditions for details.
Our Charges
In addition to any charges applied by our cruise providers, we will also apply a maximum charge of £75 for each person on the booking who wants to cancel, to cover our costs of we what we have incurred in handling your booking up to the day of cancellation and the cost of administering the cancellation.
Cancellations You Make to Cruises/Flights
| Cancellation of Cruise/Flights | Suppliers' Charge | Our Charges |
| Cancellation of Cruise/Flights | Up to 100% of the cost advised to us by the cruise operator(s) | Up to £75 per person cancelling |
Cancellation of Optional Extras
When we refer to 'Optional Extras', we mean anything you choose to add to your booking that is additional to the inclusive transport and accommodation arrangements you book. For example, park tickets, event tickets, pre-bookable excursions or car hire. If you cancel any Optional Extras for which there is a cost, we will pass on any costs imposed by the provider of the service, in addition, we will charge up to £25 to cover our costs of administering the change. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.
14. Flight Reconfirmation
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK.
15. Flight Detail
If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
Joint Services: Please note that two airlines may share the same services; therefore a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket.
Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
16. Changes Made After Travel
If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
17. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Package after departure, or we, or our suppliers, cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development). Cruise ships shall also be at liberty to deviate from the advertised route and to call (or omit to call) at any port or place to tow and assist vessels and to offer or render assistance to preserve life or property or for any other reason or purpose which in the judgment of the Master of the ship (whether alone or acting on advice from others) is reasonable including, but not limited to, weather conditions, operational matters, the medical condition of anyone on board or the safety, comfort or convenience of Guests. Such deviation shall not give rise to any liability on our part and shall not represent a significant change to the Package.
18. Contagious or Infectious Diseases Affecting Your Cruise
At any port or place the Cruise operator may refuse to embark or may disembark any customer who, in the opinion of the Master, ship's medical personnel or other authorised ship's officer, might be excluded from landing at destination by Immigration or other Governmental Authorities or who may be suffering from contagious or infectious disease or whose presence, in the opinion of the Master, may be detrimental to the comfort or safety of other customers or the crew. In such cases you shall not be entitled to any refund of the Package cost or compensation of any kind. Additionally, we will have no liability for any costs or expenses you incur as a result. In cases of quarantine of the ship involving your detention, you must bear all risk and expense thereby caused and will be charged for food and accommodation during the period of detention, payable day by day, if maintained on board the ship, and for all other quarantine fees and expenses assessed or incurred by you.
19. Our Liability To You - Package Holidays
(i) Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers', obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraph (i) above and (v) below, should any part of your Package not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs (iii), (vi), (vii), (viii), (ix) and (x) below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the Package. This maximum will only be payable when every aspect of your Package has gone wrong and you have not received any benefit from your Package. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
(iv) For claims which involve death or personal injury as a result of an activity forming part of your Package (excluding Overseas Booked Excursions see Section entitled "Excursions"), we have liability subject to paragraph (i) above and (v) below. If we accept liability, we will, subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below, pay you reasonable compensation.
(v) We accept liability in accordance with paragraphs (i), (ii) and (iv) above and subject to paragraphs (vi), (vii), (viii), (ix), (x) and (xi) below except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(vi) If any International Convention applies to or governs any of the services or facilities included in your Package arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraphs (vii), (viii) and (ix) below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your Package. Any applicable Protocols or amendments shall apply to all such International Conventions.
(vii) International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
(viii) The provisions of the Convention Relating to the Carriage of Passengers and Their Luggage by Sea 1974 (as amended) ("the Athens Convention") apply to the cruise element of your Package as well as the process of getting on or off the ship concerned.
(a) We limit our liability, where applicable, by the Conventions referred to in this Section and by the terms detailed in Section A9.
(b) All carriage (by land, air and sea) is subject to the terms and conditions of carriage of the actual carrier (which may be our third party cruise supplier or their sub-contractor). Such terms may limit or exclude liability, are expressly incorporated into these booking conditions and also form the terms and conditions of separate contracts between you and the particular carrier as contained in the carrier's ticket which is provided to you before your scheduled departure date. You can get copies of the relevant terms and conditions if you ask us.
(c) Carriage of passengers and their luggage by sea is governed by the Athens Convention. You can get copies of this Convention if you ask us. The Athens Convention is expressly incorporated into these booking conditions and our liability for death or personal injury or for loss of or damage to luggage arising out of carriage by sea shall be determined accordingly. In most cases, the Athens Convention limits the carrier's liability for death or personal injury or loss of or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to you unless you give us or the cruise operator written notice.
(i) in the case of apparent damage, before or at the time of disembarkation or redelivery of luggage;
(ii) in the case of damage which is not apparent or of loss, within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place.
Any damages payable by us up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by you and by the maximum amount deductible as specified in Article 8 (4) of the Athens Convention.
(d) Notwithstanding that the cruise is performed on a cruise ship not owned by us, it is agreed that we shall at all times nevertheless be deemed a ship owner for the purposes of the Convention on Limitation of Liability for Maritime Claims 1976 (as amended by the Protocol of 1996 or otherwise and as in force in any relevant jurisdiction from time to time), and so are entitled to limit our liability under its terms.
(ix) Other International Conventions which may apply include in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.
(x) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have A Complaint".
(xi) Should you become ill while on your Package, you must, in addition to reporting your illness to our representative, Cruise Customer Relations Desk, local agent or Duty Office, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
(xii) If you or any member of your party suffers during your Package any difficulty through misadventure as a result of any activity which does not form part of your contracted Package arrangements, we will offer you prompt assistance. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1,000 per booking and is subject to you notifying us that you require such assistance within 30 days of the incident. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
(xiii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
20. Baggage
The amount of compensation we will pay for any loss or damage to luggage is limited in accordance with the Conventions listed in the above and below sections on 'Our Liability to You'. For claims for missing or damaged baggage you must follow the rules on the back or your ticket or contained within the carrier's conditions of carriage. Please note time limits apply within which to notify us or the carrier and make a claim. We will not accept liability for high-value items which you should insure for the appropriate amount.
21. Our Liability to You - Non-Package Holidays
The following applies to bookings which are not a Package, such as single components. Our responsibility is to make arrangements for the provision by the relevant suppliers (including air carrier of air transport, accommodation owner/supplier, car hire provider, attraction ticket/excursion provider) of the components you book, but we do not have any responsibility for the operation of the component itself. We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage which results from your use of the single component unless we have negligently failed to select a normally competent provider of the relevant component. Further, we have no liability to you in any event for any consequential loss which you may suffer in relation to any arrangements which you book to coincide with the single component you have booked with us. Please note, with the exception of flight only bookings which are ATOL protected under our ATOL License 6613, in the unlikely event of our collapse/insolvency, any money you have paid us for any other components is not protected by a scheme of financial protection. If this is important to you, we recommend you book a Package or obtain suitable travel insurance.
If any International Convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to); in respect of rail travel, the COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of carriage by sea, the Athens Convention 1974 (as amended); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Any applicable Protocols or amendments shall apply to all such International Conventions. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your travel arrangements.
22. Suppliers' Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers' Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers' Conditions and our conditions, the Suppliers' Conditions will prevail, save to the extent that any term in the Suppliers' Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers' Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be available for inspection at the office or on the website of the relevant supplier.
23. Insurance
It is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities which you expect to take part in. For a no obligation quote, please visit your local Thomas Cook or Going Places travel agent or visit the website. www.thomascookinsurance.com.
24. Ticketing
Your tickets and any other documents relating to your booking will be sent to the address which you give us at the time of booking, or may be delivered by e-mail in the form of an e-ticket if you supplied an e-mail address at the time of booking. Provided you have paid the total cost of the travel arrangements, we will endeavour to dispatch your tickets to you at least 2 weeks prior to departure. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
For bookings made within 7 days of departure, it is necessary for us to use a courier company which guarantees next day delivery and any charges will be passed on to you at the time of booking. In such cases, tickets will either be sent to you or to the departure airport, and this will be advised at the time of booking. Please note that the delivery charge is non-refundable.
25. Lost/Stolen Flight Tickets
If you lose your flight ticket or it is stolen before you leave the UK, certain airlines will not authorise us to issue a replacement. You would then be required to purchase a new ticket and there may be a delay of up to 12 months before we receive authority from the airline to make any refund to you. If the airline concerned does allow us to issue a replacement ticket, we will require payment of an administration fee from you. It is most important that you contact us as soon as you realise that your ticket is missing. If your ticket is lost or stolen after you have left the UK, certain airlines will not issue a duplicate. You will need to purchase a new ticket locally, at the local fare. When you return to the UK you can apply to us for a refund on your lost ticket, but any refund will be entirely at the discretion of the airline and it can take up to 12 months before we receive authority from the airline to make any refund.
26. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
27. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations.
At the Airport - Check-in
If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements.
Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
28. At the Cruise Terminal - Advance Registration and Check-in
To comply with Government and security requirements, cruise ship operators will require you to register your details with them in advance of travel and may also ask you to complete an online check-in process. We will include details of advance registration and online check-in procedures (as applicable to each cruise operator) on your confirmation invoice or with your tickets where known but it is your responsibility to check the relevant cruise operator's registration and check in process. Failure to submit the requested information accurately and in full may result in delays at the cruise terminal and you may be denied boarding onto the cruise ship. We accept no responsibility for such consequences.
Please also note carefully information regarding embarkation times and departure times of your cruise ship. You are advised to be onboard the ship a minimum of 2 hours before the departure time (in some cases 1 hour before departure time is permitted at ports of call but check with the cruise operator first). If you do not arrive to embark on time at any port or place then we shall have no liability in respect of the consequences. In respect of cruises, the cruise operators shall not be obliged to delay or deviate from the intended itinerary and you must bear any and all costs arising as a result. Costs associated with transportation to rejoin the cruise ship such as, but not limited to, Government fees, visa fees, subsistence, lodging, air fare, launch fare, car hire or agency fees shall be borne by you.
29. Gratuities and Service Charges
The cruise operators' policies regarding onboard gratuities and/or service charges for the services provided by their staff vary. Most cruise operators apply one or more of the following policies:
Gratuities or Service Charges may be left to your discretion;
A daily charge may be automatically added to your onboard account which can be removed on request;
A charge may be included in the price of our cruise Packages, which you pay in advance of travel. Where this applies it may be possible to ask for the charge to be removed and added to your onboard ship account.
Some cruise operators may apply a compulsory daily service charge to your onboard account but do not expect you to tip at all during the cruise.
Whichever scheme the cruise operator uses, you will be required to abide by their gratuity / service charge policy and must settle your account in full before disembarking the ship at the end of your cruise. Where we are made aware of a cruise operators policy on gratuities or service charges details will be provided either at the time of booking, on our invoices or with the cruise operators tickets.
30. Travel Advice
For up to date UK Government health & travel advice (including passport and visa requirements) please contact the Foreign & Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit www.fco.gov.uk. Alternatively call 0845 8502829. See our website for further information.
31. Passports & Visas (British Citizens) and Health Requirements
It is your responsibility to ensure that you and all those travelling with you have a valid passport and any necessary visa and that you have obtained any necessary vaccinations to gain entry to any country you are visiting. It can often take some time to obtain a passport or visa therefore you should apply well in advance. In peak periods it is advisable to allow at least 4 weeks. General information on passport and visa requirements for British Citizens is available through our website or within the details sent to you. However, passport and visa regulations and health requirements can change at any time, therefore, we recommend that you check passport/visa requirements with the Embassy or Consulate of the country you intend to visit and that you consult your GP or the Foreign Office (www.fco.gov.uk) regarding health requirements or visit websites such as www.nathnac.org and www.hpa.org.uk for information. We will have no liability to you if you or any member of your party travel without the correct passport and visa or without the necessary vaccinations, and you will have to pay to us any costs which we incur through helping you because of any such failure on your part.
32. Your Responsibility, Safety and Security
We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result.
If your behaviour or the behaviour of any members of your travelling party causes any aircraft or cruise ship to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.
We cannot accept liability for the behaviour of others in your accommodation, cruise ship or flight, or for any facilities/services withdrawn as a result of their action.
Your Safety and Security
(i) We expect at all times that you conduct yourself in a proper manner and with due regard for the health, safety, comfort, enjoyment and general well-being of all persons both on board the cruise ship and involved in the provision of any service or facility forming part of the cruise or any Excursion (including Overseas Booked Excursions or Pre-booked Excursions), and, by booking with us, you expressly agree to this. If it appears that your conduct, behaviour or health is such as to be a breach of this requirement or your behaviour, health or conduct is likely to endanger your own health or safety or that of any other passenger or crew or may make you likely to be refused permission to go ashore at any port or may make us liable for the costs of any medical treatment and/or maintenance and support and/or repatriation, then we and our third party cruise suppliers and/or the cruise ship's Master shall have the right to take any one or more of the following measures as may appear to be reasonable and appropriate in the particular circumstances -
1. refuse to embark or to disembark you at any port or other place of call;
2. disembark you;
3. transfer you to another berth;
4. confine you to a particular stateroom or to the cruise ship's medical centre;
5. through the cruise ship's doctor and/or his staff, administer any drug, medicine or other substance of a similar nature, or admit and/or confine you to a hospital or any similar institution at any port as the cruise ship's doctor may consider necessary.
(ii) In the event of any action taken pursuant to this section of the Booking Conditions, neither you nor (at our and our third party cruise supplier's discretion) any other person travelling with you (whether or not under the same booking) shall be entitled to make a claim against us for any loss or expense incurred as a result of such action, whether for a full or partial refund of the price or for any other form of compensation or for the cost of returning to the UK or to any other place or for any other form of loss or expense whatsoever. Where you are repatriated pursuant to this section at our expense, we reserve the right to recover our costs.
33. Excursions
Excursions include, but are not restricted to, any sightseeing trips, events or other tours either attended in resort or land based 'shore' excursions for which additional payment is required. Excursions can either be booked and/or paid for in resort or on cruise ships ("Overseas Booked Excursions") or pre-booked and paid for when you book with us ("Pre-booked Excursions"). All excursions are supplied by third party suppliers and are subject to the section entitled "Suppliers' Conditions" above. We accept, subject to the Sections entitled "Suppliers' Conditions" and "Our Liability to You" above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your booking with us and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also.
34. Information Accuracy
Descriptions of accommodation, facilities and services and cruise facilities and itineraries we provide are based on information obtained from our suppliers. Outside of peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
35. Complaints
If you are not satisfied with any aspect of your travel arrangements please complain as soon as possible to the relevant person (for example, the hotel management, Customer Relations Desk on board the cruise ship). If they cannot help you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to our offices in the UK within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone.
The address to send complaints to is:
Customer Relations Department
Spectrum Stay & Cruise
2/4 Godwin Street
Bradford
BD1 2ST
We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact CEDR Solve within 18 months of returning from your trip.
36. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: The Company Secretary, Thomas Cook Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
37. Law and Jurisdiction
Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.
PASSENGERS ON A JOURNEY INVOLVING AN ULTIMATE DESTINATION OR A STOP IN A COUNTRY OTHER THAN THE COUNTRY OF DEPARTURE ARE ADVISED THAT INTERNATIONAL TREATIES KNOWN AS THE MONTREAL CONVENTION, OR ITS PREDECESSOR, THE WARSAW CONVENTION, INCLUDING ITS AMENDMENTS (THE WARSAW CONVENTION SYSTEM), MAY APPLY TO THE ENTIRE JOURNEY, INCLUDING ANY PORTION THEREOF WITHIN A COUNTRY. FOR SUCH PASSENGERS, THE APPLICABLE TREATY, INCLUDING SPECIAL CONTRACTS OF CARRIAGE EMBODIED IN ANY APPLICABLE TARIFFS, GOVERNS AND MAY LIMIT THE LIABILITY OF THE CARRIER.
Notice of Liability Limitations
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
Where the Montreal Convention applies, the limits of liability are as follows:
EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage. Where the Warsaw Convention system applies, the following limits of liability may apply:
Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.
Notice of Contract Terms Incorporated by Reference
YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.
GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.
DENIED BOARDING: Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities.
BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier.
Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier.
Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).
SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL: For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.
CHECK-IN TIMES. The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.
DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.
DANGEROUS GOODS: Do not pack or carry onboard the items pictured below without checking with your carrier.
DO NOT ENDANGER YOUR SAFETY OR THAT OF YOUR FELLOW PASSENGERS.
CONTACT YOUR CARRIER FOR MORE INFORMATION.
Notice of Liability Limitations
The Montreal Convention or the Warsaw Convention system may be applicable to your journey and these Conventions govern and may limit the liability of air carriers for death or bodily injury, for loss of or damage to baggage, and for delay.
Where the Montreal Convention applies, the limits of liability are as follows:
- 1. There are no financial limits in respect of death or bodily injury.
- 2. In respect of destruction, loss of, or damage or delay to baggage, 1,131 Special Drawing Rights (approximately EUR 1,200; US $1,800) per passenger in most cases.
- 3. For damage occasioned by delay to your journey, 4,694 Special Drawing Rights (approximately EUR 5,000; US $7,500) per passenger in most cases.
EC Regulation No. 889/2002 requires European Community carriers to apply the provisions of the Montreal Convention limits to all carriage by them of passengers and their baggage by air. Many non-European Community carriers have elected to do so in respect of the carriage of passengers and their baggage. Where the Warsaw Convention system applies, the following limits of liability may apply:
- 1. 16,600 Special Drawing Rights (approximately EUR 20,000; US $20,000) in respect of death or bodily injury if the Hague Protocol to the Convention applies, or 8,300 Special Drawing Rights (approximately EUR 10,000; US $10,000) if only the Warsaw Convention applies. Many carriers have voluntarily waived these limits in their entirety, and US regulations require that, for journeys to, from or with an agreed stopping place in the US, the limit may not be less than US $75,000.
- 2. 17 Special Drawing Rights (approximately EUR 20; US $20) per kg for loss of or damage or delay to checked baggage, and 332 Special Drawing Rights (approximately EUR 400; US $400) for unchecked baggage.
- 3. The carrier may also be liable for damage occasioned by delay.
Further information may be obtained from the carrier as to the limits applicable to your journey. If your journey involves carriage by different carriers, you should contact each carrier for information on the applicable limits of liability.
Regardless of which Convention applies to your journey, you may benefit from a higher limit of liability for loss of, damage or delay to baggage by making at check-in a special declaration of the value of your baggage and paying any supplementary fee that may apply. Alternatively, if the value of your baggage exceeds the applicable limit of liability, you should fully insure it before you travel.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Baggage claims: Written notice to the carrier must be made within 7 days of the receipt of checked baggage in the case of damage, and, in the case of delay, within 21 days from the date on which it was placed at the disposal of the passenger.
Notice of Contract Terms Incorporated by Reference
- 1. Your contract of carriage with the carrier that provides you with carriage by air, whether international, domestic or a domestic portion of an international journey is subject to this notice; to any notice or receipt of the carrier; and to the carrier’s individual terms and conditions (Conditions), related rules, regulations and policies (Regulations) and any applicable tariffs.
- 2. If your carriage is by more than one carrier, different Conditions, Regulations and any applicable tariffs may apply for each carrier.
- 3. The Conditions, Regulations and any applicable tariffs of each carrier are, by this notice, incorporated by reference into and made part of your contract of carriage.
- 4. The Conditions may include, but are not restricted to:
- Conditions and limits on the carrier’s liability for the bodily injury or death of passengers.
- Conditions and limits on the carrier’s liability for the loss of, damage to or delay of goods and baggage, including fragile or perishable goods.
- Rules for declaring a higher value for baggage and for paying any supplementary fee that may apply.
- Application of the carrier’s Conditions and limits of liability to the acts of the carrier’s agents, servants and representatives, including any person providing either equipment or services to the carrier.
- Claims restrictions, including time limits by which passengers must file claims or bring actions against the carrier.
- Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the carrier’s right to refuse carriage.
- Rights of the carrier and limits on the carrier’s liability for delay or failure to perform a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the carrier to notify passengers of the identity of the operating carrier or substituted aircraft.
- Rights of the carrier to refuse carriage to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
- 5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where transportation on the carrier is sold. Many carriers also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the carrier’s airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each carrier free of charge.
- 6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.
YOU CANNOT TRAVEL IF YOU DO NOT HAVE ALL REQUIRED TRAVEL DOCUMENTS, SUCH AS PASSPORT AND VISA.
GOVERNMENTS MAY REQUIRE YOUR CARRIER TO PROVIDE INFORMATION ON OR PERMIT ACCESS TO PASSENGER DATA.
DENIED BOARDING: Flights may be overbooked, and there is a slight chance that a seat will not be available on a flight even if you have a confirmed reservation. In most circumstances, if you are denied boarding involuntarily, you are entitled to compensation. When required by applicable law, the carrier must solicit volunteers before anyone is denied boarding involuntarily. Check with your carrier for the complete rules on payment of denied boarding compensation (DBC) and for information on the carrier’s boarding priorities.
BAGGAGE: Excess valuation may be declared on certain types of articles. Carriers may apply special rules for fragile, valuable, or perishable articles. Check with your carrier.
Checked Baggage: Carriers may permit a free checked baggage allowance, which is set by the carrier and may differ by class, and/or route. Carriers may apply extra charges for checked baggage in excess of their permitted allowance. Check with your carrier.
Cabin (Unchecked) Baggage: Carriers may permit a free cabin baggage allowance, which is set by the carrier and may differ by class, route, and/or aircraft type. It is recommended that cabin baggage be kept to a minimum. Check with your carrier. If more than one carrier is providing the transportation for your journey, each carrier may apply different rules on baggage (both checked and cabin).
SPECIAL BAGGAGE LIABILITY LIMITATIONS FOR US TRAVEL: For domestic travel wholly between US points, federal rules require any limit on a carrier’s baggage liability to be at least US$3300.00 per passenger, or the amount currently mandated by 14 CFR 254.5.
CHECK-IN TIMES. The time shown on the itinerary/receipt is the departure time of the aircraft. Flight departure time is not the same as the time you must check-in or the time you must be available for boarding. Your carrier may refuse you carriage if you are late. Check-in times, as advised by your carrier, are the latest times at which passengers can be accepted for travel; boarding times, as advised by your carrier, are the latest times at which passengers must present themselves for boarding.
DANGEROUS GOODS (HAZARDOUS MATERIALS). For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with your carrier.
DANGEROUS GOODS: Do not pack or carry onboard the items pictured below without checking with your carrier.
DO NOT ENDANGER YOUR SAFETY OR THAT OF YOUR FELLOW PASSENGERS.
CONTACT YOUR CARRIER FOR MORE INFORMATION.
