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All you need to know | Our Agreement
Simply Holiday - Booking Conditions Our Agreement with You
We are a trading division of TUI UK Limited, Company Number 02830117, having its Registered Office address at TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley RH10 9QL & Our Agreement with you sets out what you are legally entitled to expect from us when you buy our travel services.Those travel services are as advertised by us but may also have restrictions set out in our A-Z Guide which should also be read carefully. Because we sell a wide variety of travel products, you should read our A-Z Guide & these terms & conditions carefully, before you book, to see how they affect your specific travel arrangements made by us. 1.Your Travel Booking Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments & cancellations.You must be 18 yrs old & possess the legal capacity & authority to book as the lead name & travel on holidays with us & take up the offers advertised by us if they are still available.You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself & any other person travelling on the booking & for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations. In addition, if your holiday includes a flight, you are also responsible for (a) notifying us prior to the time of booking by calling our call centre on 0871 230 0204 (calls cost 10p per minute at all times from BT landlines; other operator networks may vary) of any personal circumstances & needs pertaining to a person included in the booking including, without limitation, whether any such person is not self reliant or is a person with reduced mobility; & (b) notifying us at any time from the time of booking until 48hrs prior to the flight's departure by calling our call centre if any person travelling on the booking has ceased to be self reliant or a person with reduced mobility or if a person previously reported to be with reduced mobility or as not being self reliant does no longer fall into either category. It is a condition of your booking with us that you & all other members of your party, including infants & children, are adequately insured on holiday. Any person who is under 18yrs old must be accompanied by an adult on his or her journey. There may be other restrictions & conditions on some offers, but these are explained in the details of those offers.When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there & then, & set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days.We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24hrs before you go. If any of these changes are not acceptable then you will be entitled to a full refund. The contractual terms of Our Agreement apply between you & us because you have chosen a Simply Holiday with us (hereafter, a holiday ) which is a 'package' within the meaning of The Package Travel, Package Holidays & Package Tours Regulations 1992 & will enjoy the benefits conferred by it. 2.The Price You Pay All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down.We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements & of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated & will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares & other transport charges which form part of our contract with the transport provider), currency fluctuations & government action. An administration charge & any relevant travel agent's commission is included within these amounts. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums & any amendment charges), we will absorb the changes in our costs described above & will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £1. If the increase is more than 10% of the holiday price (calculated as above), then: 1.You may cancel your holiday booking within 14 days of the Amendment Invoice date & receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy; & 2. the increase will be considered a Major Change as described in section 4 below &, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4. The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to charge back any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of £10 per incident & associated costs.We further reserve the right to cancel your booking &/or take legal action against you for all outstanding payment(s). 3. If we cancel your booking We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it.We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday you can either have a refund or accept a replacement holiday from us of equivalent or closely similar standard & price (if one is available). In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the 'Important note events beyond our control') & we will always refund the difference in price if the replacement holiday is of a lower standard & price.We will not cancel your holiday less than eight weeks before you go, unless this is the result of one of the events in the 'Important note - events beyond our control'. 4. If we change your booking details We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes.We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only & may change.Your Confirmation Invoice will show the latest planned timings.Your actual flight timings will be shown on your ticket (including any e ticket itinerary), which you should check carefully as soon as you receive it. Major changes to your holiday Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. If we tell you about any of these changes after we have confirmed your holiday booking, you may either: - accept the new arrangements offered by us; or - accept a replacement holiday from us of equivalent or closely similar standard & price, if one is available; or - cancel your holiday with us & receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the 'Important note events beyond our control') & we will always refund the difference in price if the replacement holiday is of a lower standard & price. Major changes to your holiday for which we will always pay compensation, using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12hrs, a change of UK departure airport (excluding changes between London airports, London & Ashford stations & between Dover/Folkestone ports) but see also 'Important note - events beyond our control'.These changes are only examples & there may be other significant changes which constitute major changes.This standard payment will not affect your statutory or other legal rights.We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment. If the change is not acceptable to you If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us & will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change.This standard payment will not affect your statutory or other legal rights. Important note - events beyond our control Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural & nuclear disasters, fire, epidemics, health risks, technical problems with transport including changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes & other actual or potential severe weather conditions, & any other similar events. In February 2005 a new Europe-wide law relating to denied boarding, delays & cancellation of flights came into force.This law granted rights to passengers including in certain circumstances the right to cancel their flight & receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports & is also available from affected airlines (including Thomsonfly). However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline & will not automatically entitle you to reimbursement of the cost of your holiday from us. Note:We will make such payments for injury, illness or death on the basis that you are expected to accept that: 1. You must tell us & the supplier involved about your injury or illness while you are in the resort (see section 13).You should also write to our Customer Services at the address given in our A-Z Guide about your claim within 3 months of coming home from your holiday to allow us to investigate it properly & co-operate with us so as to enable us to carry out such investigation. Please include a letter about your injury or illness from your doctor if you can. 2. You should transfer to us any rights you have against the supplier or any other person. 3. You should co-operate fully with us if we or our insurers want to enforce those rights. 4. Any payments we make may be limited in accordance with international conventions. We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs.We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you. 8. Personal Injury 2 This section covers damages, injury, illness or death which is not connected with the arrangements made by us. If you or someone on your holiday booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable (see 'Important note - events beyond our control') we will try to help if we can. For example, we can help by: " providing translation services " communicating with authorities and others in foreign resorts " recommending foreign lawyers (if necessary) " explaining the procedures you should follow " telling you of any time limits We will help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met: 1. You must ask us for help within 3 months of coming back from holiday. 2. You must make a claim under your insurance policy's legal expenses or other appropriate section.You must show us proof that your insurance company has received your claim &, if you get back the cost of legal or other expenses, you must repay us any money we have spent in helping you.
Your Agreement with Us
9.Your contract By asking us or your travel agent to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions & obligations set out in our A-Z Guide, & the conditions of any terms & conditions of carriage - see Conditions of Your Ticket below - constitute the entire agreement between us with regard to your booking & your travel arrangements.You also consent to our processing personal information about you & other members of your party.Where the context permits, reference to you & your will include you & all persons travelling on this booking.Your contract with us is subject to the laws & jurisdiction of England & Wales.You may however choose the law & jurisdiction of Scotland or Northern Ireland if you wish to do so. 10. Paying for your travel arrangements You will be required to pay a deposit to us for each person when you book unless this is within 8 weeks of departure when the full amount for the booking is payable.The deposit amount will be specified by us or your travel agent when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the holiday price. If you pay less than the deposit under a low deposit booking scheme, then this is only part of the deposit referred to in this paragraph. Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. weddings, coach touring & specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid & insurance premiums will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law. This is your only commitment until 8 weeks before you go.Within 2 weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least 8 weeks before you go on holiday. If you don't, we reserve the right to treat your booking as cancelled & to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale in section 12. If you pay money for your booking to a travel agent appointed by us, they will hold that money as our agent from the time they receive it until they pay the money to us. If payment for your booking is made by credit card or some debit cards a handling fee will apply, check fee at the time of booking. 11. If you change your booking 1. If you want to change any details of your booking (such as changing to a different hotel or changing a name in your booking) or to cancel an optional extra you have booked, we will do our best to help but please note that changes that are more major changes, such as those that would lower the basic price of your holiday or that would otherwise result in your holiday ceasing to be a Simply Holiday, will be treated by us as a different holiday (see 11.4(i) below) & changes to the hotel or flight within 56 days of departure will also be treated by us as a different holiday (see 11.4(ii) below).We charge an 'Amendment Fee' for each detail of the booking which we allow you to change without a cancellation. If you make the allowed change more than 56 days before departure, the fee will be £35 per change per person. If you make the allowed change within 56 days of departure, the amendment fee will be £50 per change per person. 2. The price of your new travel arrangements will be based on the prices that apply on the day you ask for the change.These prices may not be the same as when you first booked your travel arrangements. 3. Name change, & or departure details such as date & time changes are not always allowed by airlines & other transport providers whenever they are made.Whilst we will do our best to change the details of the booking, please bear in mind that most airlines & other transport providers treat name & departure detail changes as a cancellation & charge accordingly.These charges will be passed on to you. Once tickets have been issued, & sometimes even before they have been issued, any changes made to the ticket, including names or initials, will result in you having to pay for the cancelled ticket & buy a new ticket at full cost. 4. If: (i) at any time after you have booked your holiday, you want either to change to a different holiday or change your hotel or flight, & as a result your holiday ceases to be a Simply Holiday; or (ii) within 56 days of departure, you want either to change to a different holiday or change your hotel or flight; then you will have to pay cancellation charges (see section 12). If the change means we must send you new tickets, we cannot give you any refund until we have received all your old travel documents, including tickets. 5. Some types of accommodation (such as apartments, or hotel rooms with reductions for three adults) are priced according to the number of people staying there. If your booking changes because someone in your party cancels, we will recalculate your booking cost based on the new number of people going.
Compensation
These scales are based on how many days before your booked holiday departure we tell you of a major change. See also the 'Important note - events beyond our control'. Period before departure when Compensation payable a major change is notified per person More than 56 days 0 55-29 days £10 28- 15 days £20 14-8 days £30 £40 7-0 5.What happens to holiday complaints We can usually sort out any complaints you may have. But if we cannot agree, you can take the matter to an arbitrator appointed by The Chartered Institute of Arbitrators. Details & application forms are available from ABTA, 68-71 Newman Street, London W1P 4AH. The arbitrator will only deal with your complaint if it relates to a holiday &: " you are claiming up to £5,000 for each person or £25,000 for each booking; " you contact them within 9 months of the end of your holiday; & " your complaint does not involve major physical injury or illness. This is a cheap & simple way of sorting out complaints & there are limits on the costs you might have to pay.You do not have to appear in person, but can send documents to explain your complaint. If you would like more details, please ask our Customer Service Department. If you prefer, you can take your complaint to the County Court or another suitable court. 6. Our responsibility for your holiday We will arrange for you to receive the services that make up the holiday that you choose & that we confirm.These services will be provided either directly by us or through independent suppliers contracted by us.We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard & as was advertised by us (or as changed & accepted by you). If any part of your holiday is not provided as described & this spoils your holiday, we will pay you appropriate compensation (see the 'Important note - events beyond our control'). Also, if you buy a local excursion or tour through one of our official representatives, we will pay you reasonable compensation if it is not as advertised in our literature. We have taken all reasonable care to make sure that all the services which make up the holidays advertised by us are provided by efficient & reputable businesses. These businesses should follow the local & national laws & regulations of the country where they are provided. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe. 7. Personal Injury 1 This section covers injury, illness or death while you are using the holiday services that we have arranged for you.We have no direct control over the way our suppliers provide their services but everyone employed or contracted by us or by our suppliers is expected to carry out their duties properly. If they do not carry out their duties properly (or at all) & that fault results in your injury, illness or death, we may make a payment to you.We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary & due care.We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, it will be similar to one you would receive under English law in an English court.
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