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our reasonable discretion, reimburse the price we paid to the car hire company on your behalf for your voucher subject to an administration fee of £35.00 but not the charges paid locally to the car hire company. Cancellation of car hire prior to departure will incur an administration charge of £35.00 plus the car hire company's cancellation charges. *These cancellation charges apply to all bookings , except in circumstances where a booking includes items or services where our suppliers' own cancellation charges exceed those shown above. Please enquire at the time of booking as up to 100% cancellation charges may apply from the time of booking. In the event of cancellation by some but not all party members, additional charges may be payable (for example, where a twin or double room will only be occupied by one person). Any such additional charges must be paid at the time of cancellation or with the balance of the cost of the arrangements as advised. If the reason for your cancellation is covered by the terms of any insurance policy you have purchased, you may be able to reclaim the applicable cancellation charges from the insurers (subject to deduction of any excess). Cancellation charges must, however, be paid before they can be claimed from insurers. 14. Changes and cancellation by us Arrangements are often made many months in advance. Occasionally, we, airlines and/or suppliers have to make changes to and correct errors in published and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to comply with any requirement of these Booking Conditions entitling us to cancel or where we are forced to do so as a result of circumstances outside our control or because an insufficient number of people have booked your chosen arrangements and we have notified you of this not less than 10 weeks before departure. Most changes are minor. Occasionally, we have to make a significant change. Significant changes include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of outward departure time of more than 12 hours or a change of UK departure point to one which is substantially more inconvenient for you (except between airports within or around the same city for example Gatwick, Heathrow, Luton, Stansted and London City Airports). If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:(a) (for significant changes) accepting the changed arrangements or (b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the alternative is less expensive than the original arrangements, we will refund the difference but if more expensive, we will ask you to pay the difference) or (c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel after the date you have to pay the balance of the cost of your arrangements, we will pay you the compensation set out below subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we cancel more than 10 weeks before departure because an insufficient number of people have booked your chosen arrangements. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time). Period before departure a significant change or cancellation is notified to you More than 10 weeks 2 to 10 weeks Less than 2 weeks Compensation per person (excluding infants) Nil £20 £30
The above figures are a guideline only and subject to proof of loss you may be entitled to further compensation subject to the above exceptions. Very rarely, we may be forced by "force majeure" (see clause 15) to change or terminate your arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. 15. Force Majeure Except where otherwise expressly stated in these Booking Conditions, Travelbag, airlines and other suppliers will not be liable for any change, cancellation, effect on your holiday, loss, damage or expense of any nature or description or failure to perform or properly perform any contractual obligation(s) which is due to any event(s) or circumstance(s) which Travelbag, the airline or other supplier, as applicable, could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, systems failure and all similar events outside the control of the party concerned. 16. Flight information The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched we or the airline will contact you as soon as possible if this occurs. Please note that a flight described as "direct" will not necessarily be non-stop. Where a sector of a flight itinerary is not utilised without contacting the carrier directly, any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred. We are required to bring to your attention the existence of a list of airlines which are subject to an EU operating ban see http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. We will advise you of the airline which will operate your flight(s) or, if not known, the likely airline, at the time of booking. If we can only inform you of the likely airline, we will confirm the actual airline as soon as we become aware of it. Any change of confirmed operating
airline will be notified to you as soon as reasonably possible after we become aware of the change. Any change of confirmed operating airline, flight timings and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying the normal applicable charges except where specified in these Booking Conditions. If the airline with whom you have a confirmed reservation becomes subject to an operating ban, we will offer you suitable alternative arrangements. 17. Flight delay Unfortunately, delays sometimes occur. Depending on the length of the delay and surrounding circumstances, the airline concerned should provide refreshments when and where appropriate. Travelbag is not in a position to provide any assistance in the event of flight delay and cannot accept any liability except where expressly stated in these Booking Conditions. 18. Denied Boarding Regulations If any flight you have booked is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation, a refund, re-routing and/or other assistance against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation, refund, re-routing and/or other assistance due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment or remedy arising from such cancellation, delay, downgrading or denied boarding. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk 19. Our Liability to you A. We promise to make sure that all services we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means, subject to these conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in arranging, performing or providing, as applicable, the contracted service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting in the course of their employment (for our employees) or carrying out work we had asked them to do (for agents and suppliers). We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or any other loss of any description), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:(a) the act(s) or omission(s) of the person(s) affected or any member(s) of their party; or, (b) the act(s) or omission(s) of a third party not connected with the provision of your holiday which we could have predicted or avoided; or, (c) force majeure as defined in clause 15 above. B. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them. In addition, regardless of any wording used by us in any advertising material, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. C. The promises we make to you about the services we have agreed to arrange, perform or provide as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question have been properly performed or provided. If the particular services which give rise to a claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. D. As set out in these Booking Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is the maximum amount payable for the claim in question under the insurance policy we offer as set out under the heading "Summary of Principal Cover". These limits apply whether or not you take out our recommended insurance policy. When dealing with any such claim, we will use the definitions contained in this policy. A copy of the policy wording can be provided on request. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 197 E below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. E. Where any claim or part of a claim relates to any transport (including the process of getting on/off the transport) provided by any sea, rail or road carrier, the maximum we will have to pay you in respect of that claim or that part of a claim if we are found liable to you on any basis is the maximum which would be payable by the carrier concerned under the applicable international convention (for example, Athens Convention for international travel by sea, Warsaw Convention, as amended or unamended and the Montreal Convention for international travel by air, Athens Convention for international travel by sea or COTIF for international travel by rail) in that situation. Where the carrier would not be obliged to make a payment under international convention, we are similarly not obliged to make a payment. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the conventions are available on request by writing to our Customer Relations Manager at Travelbag, 373-375 The Strand, London WC2R OJE. F. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from
any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses. 20. Complaints In the unlikely event that you have any reason to complain about any arrangements whilst away, you must immediately inform the airline or supplier of the service(s) in question. Any verbal notification must be confirmed in writing to the airline / supplier as soon as possible. If the complaint cannot be resolved to your satisfaction straightaway, you should also contact us you should contact us (9am to 7pm) on 020 7810 6980, or email us at customer.relations@travelbag.co.uk as soon as possible and we will do our best to assist. If you remain dissatisfied, you must write to our Customer Relations Manager at Travelbag, 373-375 The Strand, London WC2R OJE within 28 days of the end of your arrangements giving your booking reference and full details of your complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. 21. Arbitration Disputes arising out of, or in connection with your contract with Travelbag which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). 22. Passports, visas and health requirements Passport, visa and health requirements may change and you must check the up to date position in good time before departure. For packages, the passport, visa and health requirements applicable at the time of printing to British citizens are shown in our applicable brochure or will be advised by us at the time of booking. A full British passport presently takes approximately 2 to 6 weeks to obtain depending on whether you are renewing your passport or obtaining one for the first time but you should allow more time if possible. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. Information on health is contained in the Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. Please also check the up to date position in relation to recommended vaccinations and other health precautions with your GP in good time before departure. It is your responsibility to ensure that all members of your party are in possession of a valid passport and all necessary visas, travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in any fines, surcharges, other financial penalty, expenses or other sums of any description being imposed on or incurred by us, you will be responsible for reimbursing us accordingly. 23. Conditions of suppliers The services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see above). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned (the airlines' conditions of carriage are available on their respective websites). 24. Behaviour It is your responsibility to ensure that you and all members of your party do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage). If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our agents and/or our suppliers (e.g. including representatives on their behalf such as hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our agents and suppliers, including terminating your arrangements, in which case our and our agents' and suppliers' responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination. 25. Financial security We are a member of ABTA (No. V0654) and hold ATOL No 2959 issued by the CAA. Where your arrangements include flights booked with us, they are ATOL protected. This means the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking in the unlikely event of our insolvency. For further information, visit the ATOL website at www.atol.org.uk. If your arrangements do not include flights booked with us, ABTA will arrange to refund any money you have paid to us for an advance booking and to return you to the point where your contracted arrangements with us began (if applicable) in this situation. Visit ABTA's website at www.abta.com for further information. 26. Brochure accuracy and material Our brochures are necessarily prepared many months in advance of the holiday season to which they relate and therefore some of the advertised facilities or products may no longer be available or may have been altered. All photographs used are for the purposes of illustration only and should not be taken to be literal representations of actual facilities, accommodation or services offered unless otherwise advised. All copyright and other intellectual property rights in any material, including text, photographs or other images contained in this brochure or displayed on our website, are either owned by us or have been licensed by the owner for our use. If you wish to use any of the information or material contained in this brochure or displayed on our website, you must first obtain our written permission, or that of the owner of the rights to the material, as the case may be. 27. Telephone calls We reserve the right to randomly listen to and record telephone calls to ensure that our customer service is constantly reviewed.
FROM - Customer Relations Department, Travelbag, 373-375 The Strand, London WC2R 0JE
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