BOOKING CONDITIONS FOR NETFEST
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any ATOL protected air package or flight that you buy from us by way of our Air Travel Organiser’s Licence number 9992, administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected air package or flight from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
We are a Member of ABTA, membership number Y2475. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct
YOUR TOUR CONTRACT
Bookings must be made in writing on our Booking Request Form and accompanied by the appropriate deposit as per our quotation letter, and the contract between us will be created when we send written confirmation in the form of our tour confirmation and invoice. For all bookings made within 8 weeks of departure, the holiday contract is confirmed as soon as either verbal or electronic confirmation of the booking is provided.
When making this booking, you warrant that you have the authority to enter into this contract on behalf of all other members of your party and that you are also responsible for ensuring due payment of all monies payable in respect of this booking, in the event of default by any member of the party.
All tours have been based upon a minimum number of passengers travelling together, as shown in our quotation. In the event of any cancellations, we reserve the right to provide a new quotation based on the new numbers as well as retain the deposits of those who have cancelled. 10 is the minimum ‘group’ size. Should numbers fall below this your booking is at risk and may have to be cancelled. If up to 8 weeks prior to departure tour numbers drop below 10 and you are unable to cover any additional costs incurred as a result, the booking will be treated as a cancellation.
The price of your tour is subject to surcharges if increases occur in transportation costs (including fuel), dues, taxes (such as increases in or imposition of VAT or other Government imposed taxes) or fees chargeable for services such as landing taxes, embarkation/ disembarkation fees at ports and at airports and currency fluctuation.
In the case of all surcharges we will endeavour to advise you as soon as possible and we will absorb an amount equivalent to 2% of the tour price which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged and we will forward an amendment invoice reflecting any changes made. However if the surcharge means paying more than 10% extra on the tour price you will be entitled to cancel your tour with a full refund of all monies paid with the exception of any monies paid to us in respect of insurance premiums and amendment charges. If you do decide to cancel because of this you must do so within 14 days of the date of issue of the amendment invoice. No surcharges will be applied within 30 days of your departure. Should the price of your tour go down due to the changes mentioned above, by more than 2% of your tour cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
Prices are in pounds sterling and have been calculated on the date of your quotation at the exchange rate issued by Barclays Bank Plc on that day.
The UK government has announced their intention to replace Air Passenger Duty, which is payable by all passengers on flights departing from UK airports, with a new Emissions Tax, known as Aviation Duty. At this time we are not aware of the final details of the New Duty, and prices have therefore been calculated as if Air Passenger Duty continues to be in effect. In the event that our costs increase as a result of the change, we reserve the right to adjust the prices shown to reflect those changes in costs.
Many of the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
Deposit payments and structure are as follows:
Holding deposit to secure your place: £120 per team
European Air Tours: £150 deposit pp (where flight costs have to be paid in full on booking, then a further interim payment may be necessary, as well as all passenger names).
Second deposit: due date will be made known to you at the time of booking and is generally 4 to 8 weeks after the first deposit has been received depending upon how close to departure you pay your first deposit. There are occasions when an additional payment may be recommended in order to avoid fuel surcharges on flight bookings. This will be communicated to you as, when and if applicable.
UK Self Drive Tours: £50 deposit per person
European Coach Tours: £75 deposit per person (pp)
Final balance: is due 12 weeks prior to departure.
If you are booking within 12 weeks of departure, you must pay the full amount at the time of booking. If you book earlier and send a deposit, then we must receive full payment at least 12 weeks before your departure date. If you do not pay within 12 weeks then we reserve the right to charge £25 per booking and your tour may be cancelled and cancellation charges will be due. Payment may be in the form of cash, cheque, bankers draft or by suitable credit card recognised by Gullivers Sports Travel. Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 2.5%. American Express and Diners Club cards will not be accepted. No charge is made if you wish to pay by Debit card. Bounced cheques will incur a charge of £25 per cheque.
We will not be charging credit card fees after the 13th January 2018.
HEALTH AND TRAVEL ADVICE
It is your responsibility to check with your doctor at least 2 months prior to departure for the latest requirements, recommendations and any associated costs. A copy of the 'Health Advice for Travellers’ issued by the Department of Health can be provided upon request.
It is your responsibility to check any country related travel advice before embarking on your trip. Specifically any advice issued by the British Foreign and Commonwealth Office: www.fco.gov.uk.
PASSPORTS AND VISAS
It is your responsibility to be in possession of a valid passport and any necessary visas, or health documents, as required, for the entire duration of your holiday, and to ensure that you meet the entry requirements of the countries that you are travelling to. Requirements may change and you must check the up to date position in good time prior to departure. The name in the passport must match the name on your ticket where provided. We cannot accept liability, or consider refunds if you cannot travel, because of incomplete, or incorrect documentation.
Passenger information is required in advance by a number of countries and airlines. It is your responsibility to provide this information to us or the airline as instructed. Failure to do so may result in you being denied boarding or refused entry to your destination. Emergency Contact Details may also be required. It is your responsibility to provide this information and you will be liable for any costs incurred should you fail to do so.
It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Passenger Name Records (PNR) and/or Advanced Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Borders’. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night’s stay. You must provide this information to the airline between 6 months and 24 hours before departure. For Thomson Airways flights you can do this by accessing http://eapi.thomson.co.uk or by calling 0844 871 1597. You will need your booking reference number, lead name’s surname and date of departure to access the website.”
When travelling to Canada you must check with your foreign office and the Canadian authorities that you have the correct passport and comply with the visa requirements. Under Canada’s eTA program, citizens from countries other than the United States, who do not need a visa to enter Canada, will need to obtain an online authorization before flying to Canada, unless otherwise exempted. The earlier travellers get their eTA, the sooner they will benefit from knowing they have been pre-screened to enter Canada. A fee of $7 is payable for processing an application for an electronic travel authorization. An application for an electronic travel authorization must be made by means of an electronic system that is made available by the Department (Citizenship and Immigration Canada) for that purpose. An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period: (a) the day on which the applicant’s passport or other travel document expires, (b) the day on which the electronic travel authorization is cancelled, or (c) the day on which a new electronic travel authorization is issued to the applicant.
When travelling to the US you must have the correct passport to travel on the Visa Waiver Programme or have obtained the correct visa, valid for your stay. Each person wishing to visit the US must have either; i) an e-passport (if your passport is issued after 26 October 2006), or a machine readable passport (containing a digital photograph) if your passport is issued after the 26 October 2005 and a Visa Waiver Form or ii) a valid passport and a valid visa which must be obtained before travel from the US authorities. The US authorities require passengers travelling under the Visa Waiver Programme to register for electronic travel authority on the Electronic System for Travel Authorisation (ESTA). If you have not applied for and received travel authorisation via ESTA prior to travel you may be denied boarding, experience delayed processing, or be denied admission at the U.S. port of entry. However, neither possession of a visa nor meeting the basic requirements for travelling visa-free on the Visa Waiver Programme guarantees admission to the US. As with most countries, the final decision is made by immigration officials at the port of entry. You can apply online by completing the application form at https://esta.cbp.dhs.gov and paying a fee. If you are refused boarding or denied admission at the U.S. port of entry, you will still be subject to our cancellation charges in accordance with the terms of our contract with you. For additional specifics about the Visa Waiver Programme please consult the Visa Waiver Programme information on the U.S. Embassy London website www.usembassy.org.uk. We recommend that you carry your ESTA approval with you when you travel and recommend you register at least 72 hours before departure. Please Note: when you register for ESTA you must have a valid passport at the time of registration and for any travel to the USA your passport must be an e-Passport that contains the microchip and the e-passport symbol. If you have applied for a post dated passport (for example to reflect a change in name) this passport will not be valid until the effective date noted in the passport. Children and minors wanting to travel with a Visa Waiver Form must hold their own machine readable passport or e-passport.
Please note that the nationals of some countries can only travel to the US if they have a valid visa as they are not eligible for the Visa Waiver Programme. There is a $14 fee per person charge which is payable by credt or debit card when applying. As announced by the U.S. Customs and Border Protection, the fee will recover the costs incurred by the U.S. Customs and Border Protection of providing and administering the ESTA systems and is in addition to the mandatory $10 travel promotion fee established by the Travel Promotion Act of 2009. This is subject to change.
If, in the opinion of the Gullivers Sports Travel representative/escort in resort, your behaviour or the behaviour of anyone in your touring party is such that it impairs the enjoyment or upsets other clients, disrupts the tour party or upsets any of our local suppliers, in the first instance you will be given a warning but if the unacceptable behaviour persists, we reserve the right to terminate all tour arrangements immediately without refund. Any charges incurred as a result of unacceptable behaviour are the responsibility of the group or individual and must be paid for prior to your departure from the resort or hotel.
The flight timings in your confirmation, although correct at time of issue, can be subject to alteration by the various foreign and UK Airport Scheduling Committees or for operational reasons. Clients are advised that they must adhere to the timings as set down in the final documentation.
IF YOU HAVE A PROBLEM OR COMPLAINT
We can usually sort out any complaints you may have. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. If you prefer, you can take your complaint to the County Court or another suitable court. Information regarding complaints may b shared with other tour operators.
CHANGES BY YOU
If you wish to make a change to your booking in any way, you must make your request in writing as soon as possible. If the amendment is possible there will be a minimum charge of £50.00 per person plus any additional costs incurred. Changing dates, names or numbers travelling are major changes which will either incur an amendment fee by the airline plus our fee or in some cases will have to be treated as cancellations and subsequent re-bookings. For flight inclusive bookings, any changes may be treated as cancellation and cancellation charges will apply in accordance with individual airline policy. Similarly a change of tour made within 8 weeks of departure may be treated as a cancellation and charges may be levied as set out below. If you wish to make any changes while on tour, any additional costs incurred must be paid for by you or the organisation you are representing. Gullivers Sports Travel is not liable for these changes unless otherwise agreed in writing.
CANCELLATION BY YOU
Cancellations must be made in writing by the person who completed/signed the Booking Request Form and sent by recorded delivery post. A cancellation is not effective until the Company receives the letter. You will receive a cancellation invoice from us within two weeks of receipt of your cancellation.
Period before departure date Cancellation charge
(From the date letter received) expressed as % total tour cost
Before 84 days .. .. .. .. .. .. Deposit(s) plus any non-refundable flight costs
83-56 days .. .. .. .. .. .. 50% plus any non-refundable flight costs
55-29 days .. .. .. .. .. .. 75% plus any non-refundable flight costs
28-0 days .. .. .. .. .. .. 100%
CHANGES BY US
Your tour arrangements cannot be confirmed by us until your flights are in range and availability and costs have been confirmed to us by the airline, usually 10 to 11 months prior to departure. After this point, it is unlikely that we will have to make changes to your tour, but due to the uncertainty surrounding availability of fixtures (and billets if applicable) sometimes we may need to make changes which we reserve the right to do at any time. Most are very minor but where they are major (eg change of airport (but not change of London airport), resort area, or time of departure or return by more than 12 hours, or offering accommodation of a lower rating) we will inform you as soon as possible.
If a MAJOR change becomes necessary you have the following options:
1. Accept the alternative offered, together with compensation which may apply (at least as shown on the scale shown below) if full payment has been received by us.
2. Cancel your tour in which case a full refund of all monies paid to us will be made and compensation where appropriate.
Period before scheduled departure within which a major change is notified to you/your travel agent
Compensation per person
More than 84 days before departure
83 - 56 day
55 - 28 days
27 - 0 days
The above payments of compensation are not payable should minimum numbers not have been attained nor where any change to or cancellation of the tour has been caused by unforeseeable or unusual and unforeseeable circumstances outwith our control and which were unavoidable even if we had exercised all due care (Force Majeure). These circumstances of Force Majeure include (without limit to this definition) war or threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions and cancellation or postponement of sports tournaments and/or individual matches.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights are publicised at EU airports and are also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your tour is the responsibility of the relevant airline and will not automatically entitle you to reimbursement of the cost of your tour from us.
LIMITATIONS ON OUR LIABILITY
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your tour, except where you have suffered personal injury resulting from the non-performance or improper performance of the services involved in the tour.
Any compensation payable by us shall be limited in accordance with the lowest limit allowed under applicable International Conventions governing the services; such as the Warsaw Convention 1929 (as amended) and the Montreal Convention 1999 which cover travel by air and the Athens Convention 1974 which covers transport by boat. Transport operators have their own conditions of carriage and when arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those conditions of carriage. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. These provisions and conditions may limit or exclude liability for death or personal injury, or loss or damage to luggage, and may make special provision for valuables. A copy of the International Convention or the conditions of carriage applicable to your tour can be supplied upon request.
OUR LIABILITY TO YOU
We accept responsibility for the proper performance of our obligations under this contract, subject always to the limitations set out above. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is:
Attributable to you or a member of your party;
Attributable to a third party unconnected with the provision of the services to you, and is unforeseeable and unavoidable;
Attributable to an event which either ourselves or the supplier of the service(s) in question could not have foreseen or forestalled even with all due care.
Although we cannot accept responsibility for clients who by misadventure suffer illness, personal injury or death during the period of their tour arising out of an activity which does not form part of the inclusive tour or excursions booked through the company, general assistance may, at our absolute discretion, be afforded to clients to a maximum of £5,000 per booking. In the event either of there being a successful claim against a third party or there being suitable insurance policy/ies in force, the Company is entitled to recoup from you the costs incurred by us in giving this assistance.
Cancellation or curtailment of a major sporting fixture is an extremely unusual occurrence and totally beyond our control and we accept no responsibility to refund or compensate for changes to a tour for reasons beyond our control. Every effort will be made to offer alternative arrangements and in the unlikely event of a cancellation any refund obtained for any of the services will of course be refunded to the client.
FIXTURES AND BILLETS
We undertake to provide you with the fixtures and billets as described. Once written confirmation of these has been obtained by us/our local agent neither we nor our local agent can be financially responsible for any withdrawal or alteration of this offer. Should this occur, we undertake to provide the most suitable alternative at the time, at the least possible expense to you, with any hotel accommodation required in place of billets to be on a bed and breakfast basis only. An indication of possible additional costs can be provided on request at any time. An exception to the above applies to one-fixture tours, where we would consider cancellation of the only fixture for reasons other than force majeure a MAJOR change.
PRESENTATION OF INFORMATION
All information provided has been compiled from up-to-date details and we have taken the utmost care to ensure its accuracy. There may be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances necessary for maintenance (swimming pools for example), unsuitable weather, fuel shortages, accidental damage to accommodation or other circumstances totally beyond our control. If we are advised of this, we will inform you as soon as possible. We do our best to meet any special requests made by you and to pass these on to the appropriate persons provided they are clearly noted on the Booking Request Form. However, we can only guarantee those special requests confirmed by us in writing.
YOUR TOUR INSURANCE
Under the terms of this contract you are required to have suitable travel insurance. We recommend you take out insurance as soon as your booking is confirmed. You can either purchase our tour insurance or arrange a policy yourself providing comparable or greater cover under all sections as that provided by our special tour insurance. We can confirm that the travel insurance we offer provides adequate cover for normal requirements, but it is your responsibility to arrange additional cover if required for activities classified as ‘high risk’ such as white water rafting, ski-ing, quad biking etc. We may be able to assist with additional cover for certain ‘high risk’ activities, but not for all. Insurance policies will only be issued on the receipt of premiums and a name list with dates of birth for under 18’s. If you decide to decline our insurance cover we will require a signed insurance indemnity form which will be sent to you at the time of confirmation.
INFORMATION ABOUT YOU
This refers to a combination of information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including your social preferences, interests and activities and any information about other persons you represent (such as those on your booking). Your information is collected when you request information from us, contact us (and vice versa), make a booking, use our website(s)/apps, link to or from our website(s)/apps, connect with us via social media and any other engagement we or our business partners have with you.
We will update your information whenever we can to keep it current, accurate and complete.
Our Use of Your Information
(1) For the purpose of providing you with our services, including your flight, holiday, security, incident/accident management or insurance, etc., we may disclose and process your information outside the UK/EEA. In order for you to travel abroad, it may be mandatory (as required by government authorities at the point(s) of departure and/or destination) to disclose and process your information for immigration, border control, security and anti-terrorism purposes, or any other purposes which they determine appropriate. Some countries will only permit travel if you provide your advance passenger data (for example Caricom API and US secure flight data). These requirements may differ depending on your destination and you are advised to check. Even if not mandatory, we may exercise our discretion to assist where appropriate.
(2) We may collect and process your information for the purposes set out below and in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, service, quality and improvement-related activities, customer care, product innovation and choice, business management, operation and efficiencies, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, advertising and marketing, loyalty programmes, profiling customer purchasing preferences, activities and trends, dispute resolution/litigation, credit checking and debt collection.
(3) Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to provide you with our services, cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.
If you do not agree to Our Use of Your Information above, we cannot engage/do business with you or accept your booking.
(1) Using your information, we may from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our group companies. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications. We may use innovative technologies and work with business partners to achieve this.
(2) We will assume you agree to email when you make an e-booking or provide us with your email in other situations such as in-store, competitions, promotions, prize draws and social media.
(3) If you do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.
(1) On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.
(2) You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email”, opt-out of personalised emails or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
(3) For a list of relevant brands, please send us your request.
Please write to TTSS Ltd, Legal Department, Origin One, 108 High Street, Crawley, West Sussex, RH10 1BD.
Outside the European Economic Area (EEA), data protection controls may not be as strong as the legal requirements in this country.
USE OF TOOLS/"COOKIES" AND LINKS TO OTHER WEBSITES
Our website(s) may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our sister companies. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions, etc. carefully.
To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web, social media and app traffic, activities, etc. All recordings and derivative materials are and shall remain our sole property.
We have taken all reasonable steps and have in place appropriate security measures to protect your information.
CHANGES TO THIS POLICY
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
LAW AND JURISDICTION
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your tour in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your tour in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between us and you nor the carrier(s) and you, nor part of a claim. No representation is made by us or the carrier(s) as to the accuracy of the contents of this notice.
Air carrier liability for passengers and their baggage. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury. There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 / €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments. If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than16000 SDRs (approximately £13,000 /€19,300). Passenger delays. In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000).
Baggage delays. In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/ €1,200).
Destruction, loss or damage to baggage. The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage. A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage. If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers. If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
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.
Basis for the information. The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.”
Please check with your airline for details of your luggage allowance and the recommended check-in time. If you have a medical condition that could impact your ability to travel by air please contact the airline in adequate time prior to departure.
EU Airline Blacklist: In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available at http://air-ban.europa.eu/
The flights shown are operated by UK, European and international scheduled and charter airlines, including British Airways, Virgin Atlantic, Emirates, South African Airways, Qantas Airways, Air Transat, Air Canada, Iberia, Air New Zealand, British Midland, Easy Jet, Qatar Airways, Sri Lankan Airlines, Singapore Airlines, Air Brunei, Etihad Airways. We may change airlines or aircraft types at any time; this does not count as a Major Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times shown in the brochure, on the website and on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Flight times are local times based on the 24-hr system.