TRAYLEN TRAVEL LTD BOOKING TERMS AND CONDITIONS
These booking terms and conditions set out the legal terms which govern your relationship with us. Please read them carefully.
- Definitions
In these terms and conditions the following definitions are used:
“us”, “we” and “our”refers to Traylen Travel Ltd
“you” and “your” refers to a customer who makes booking with us, including all individuals named on the booking (together with anyone who is added on or substituted at a date after the initial booking)
“holiday”, “booking”, “contract”, “tour”, “package” and “arrangements” refer to all booking arrangements made by you with us
“departure” or “departure date” refers to the start date of any arrangements booked with us
“lead passenger” refers to the person making the booking with us
“destination” refers to any country where you receive services in the course of your holiday
- The contract between us
- A contract will come into force between us when we confirm your booking to the lead passenger, as set out in clause 4.5.
- Your contract is with Traylen Travel Ltd, registered in England under the Company Registration Number 14169886 whose registered office address is 40 Crockford Park Road, Addlestone, Surrey KT15 2LX.
- We hold an Air Travel Organiser’s Licence (ATOL Number [12407]).
- Unless clause 2.5 applies, we and you agree that the English Law will govern the contract between us. We and you also agree that any dispute, claim or any other matter between both parties must be determined under English law and must be dealt with exclusively by the courts of England and Wales.
- If you reside in Northern Ireland or Scotland, disputes about the contract between us must be brought in the courts of either your home country or those of England and Wales. If proceedings are brought in Northern Ireland or Scotland, you may choose to have the contract and any dispute, claim or any other matter arising between us governed by the law of Northern Ireland or Scotland as applicable. However, if you do not choose, English law will continue to apply.
- Status of these terms and conditions
- These terms and conditions apply exclusively to arrangements made in the UK, in which we agree to make or provide the service as part of our contract with you.
- These terms and conditions do not apply to any arrangements which we book on your behalf in our capacity as tour operator.
- Your holiday booking
- To make and finalise your booking with us, you must:
- give us all the details we request, and
- make the required payment, as detailed in clause 5.
- All booking forms must be completed and all information provided by the lead passenger. The lead passenger must obtain authorisation to do so from all persons named in the booking. In the case of persons under 18 at the time of booking, the lead passenger must obtain the consent of a parent or guardian.
- By completing our booking process, the lead passenger confirms that:
- he/she is over the age of 18;
- he/she is authorised on behalf of all other persons named in the booking to include them in it;
- these terms and conditions are accepted by all persons named in the booking.
- The lead passenger is responsible for making all payments due to us in relation to the booking.
- We reserve the right to reject any booking you make. All bookings are subject to availability and no contract will exist between us until we have received all payments we require to be made at the time of booking, and we have confirmed your booking by sending you an invoice and booking reference.
- Our invoice will be sent to the lead passenger. You should check the invoice as soon as you receive it.
- If any information in the invoice, the booking reference or any details we provide to you as part of our confirmation of your booking (together our “booking confirmation”) is incorrect or incomplete, you must contact us immediately as it may not be possible to make changes later. We will not be responsible for any inaccuracy in our booking confirmation unless you notify us within 14 days of the date on which we send it to you. We may be able to amend any errors notified to us after this time limit, but this may involve additional costs which you must pay to us as a condition of such changes, unless the mistake was made by us and you have a valid reason (decided by us in reasonable discretion) for the failure to notify us within the relevant time limit.
- Payment
- Our confirmation of your booking is conditional on the relevant payment being made at the time of booking. The relevant payment is:
- the required deposit (per person); or
- full payment for bookings made less than eight weeks before the departure date
- You must pay to us the balance of the booking price not less than eight weeks before the departure date. The departure date will be included on the booking confirmation details we send you after you make your booking.
- We are not obliged to send you payment reminders for the balance. If you do not make all required payments in full on or before the due time, we are entitled to assume that you wish to cancel your booking(s). Should this happen, we will be entitled to keep all deposits paid (or due) on that date.
- If one or more of your required payments is late and you inform us that you still intend to pay, we may agree in those circumstances not to treat your booking as cancelled, although we are not obliged to do so. In that case, if you have still not paid the required sum by any later date we agree for payment, then we may at that time treat the booking as cancelled and the lead passenger must pay our cancellation charges set out in in clause 9 depending on the date we reasonably treat your booking as cancelled.
- Costs of your holiday
- While we make every effort to ensure accuracy, occasionally our advertised prices may be out of date or incorrect. We therefore reserve the right to make changes or corrections to advertised prices at any time before we confirm your booking. If we identify any such error or change, we will advise you of the correct applicable price before your booking becomes final and binding.
- After your booking is confirmed, the price of your booking will only change if any of the following occurs more than 30 days before the departure date (and any such change occurring 30 days or less before the departure date will not affect your booking):
- a change in our transportation costs
- a change in any dues, taxes or fees payable for services (such as landing taxes or embarkation/disembarkation fees at ports or airports)
- a change in the foreign currency exchange rates which have been used to calculate the cost of your booking.
- When any of the changes described in clause 6.2 results in an increase, we will only increase the price of your booking if the amount of any such change exceeds 2% of the total cost of your booking. Should that happen, then we will impose a surcharge and we will notify you as soon as possible. If any such surcharge is more than 10% of the total cost of your booking, then you will be entitled to:
- cancel your booking and receive a full refund of all payments made to us (other than any amendment charges imposed under clause 7), or
- make another booking with us under clause 10.
- Any surcharge of less than 10% must be paid by you as set out in clause 6.5.
- In the case of surcharge of 10% or more, you have 14 days from the date that we notify you of the surcharge to inform us if you wish to cancel your booking and receive a refund or making another booking with us. If we do not hear from you during this time period, then we are entitled to assume that you agree to pay the surcharge and it will become payable by you as set out in clause 6.6.
- Any surcharge must be paid by the lead passenger with the balance of the cost of the booking or within 14 days of date on which we notify you of the surcharge, whichever is later.
- When any of the changes described in clause 6.2 results in a decrease, we will only reduce the price of your booking if the amount of any such change exceeds 2% of the total cost of your booking. In such case will either issue you with a refund (if the full price has been paid) or we will reduce the amount of the final payment due from you accordingly.
- Changes by you
If you wish to make any changes to your booking, you must notify us in writing as soon as possible. While we cannot guarantee we will be able to satisfy any request you make for a change to your booking, we will try to assist and, if we are able to make changes, the lead passenger will pay:
- all additional costs or charges relating to the amendment; and
- an amendment fee of £100 per person for each change.
- Cancellation by you
- You may cancel you booking by giving us notice in writing. Because we are subject to costs as soon as your booking is confirmed, you must pay cancellation charges as set out below (unless clause 8.3 applies):
- for cancellations more than 56 days before the departure date, the cancellation fee is an amount equal to any deposit you have paid;
- for cancellations made from 28 to 56 days (inclusive) before the departure date, the cancellation fee is 70% of the total booking cost;
- for cancellations made less than 28 days before the departure date, the cancellation fee is 100% of the total booking cost.
- Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
- In certain circumstances, higher cancellation fees may apply. These are:
- for holidays occurring during certain specific dates;
- if the cancellation policy of your booked hotel or resort requires a higher payment.
Wherever possible we will endeavour to notify you at the time of confirming your booking if higher cancellation charges apply.
- You may be able to reclaim cancellation charges under the terms of a travel insurance policy insurance policy. Any such claim is a matter between you and your insurer directly and is not our responsibility.
- If a cancellation relates to some but not all of the persons listed in you booking, and this reduces the number of people in your booking below the number on which the price, discounts, or other concessions agreed for your booking were based, we will adjust the price of your booking and send you a new invoice accordingly.
- We may be able to transfer the booking from a person listed in your booking to a new traveller, providing we are notified no less than two weeks before the departure date. If we are able to do this, as a condition of this change you must pay to us all costs and charges we incurred as a result, together with an amendment fee of £100. For flight inclusive bookings, such additional charge is likely to include the full cost of the flight, as most airlines do not allow the substitution of passengers.
- If your cancellation results in a refund becoming due to you, we will issue you with a refund, less any cancellation charges, within 90 days of cancellation.
- Insurance
We recommend that you purchase suitable travel insurance that applies to your booking, your holiday and any cancellation. You should take full details of the insurance with you on your holiday.
- Changes and cancellation made by us
- Despite our best efforts, errors may occasionally appear in the advertised details of holidays both before and after bookings have been confirmed. For this reason we reserve the right to do make changes to your booking or cancel it entirely in exceptional circumstances.
- We will only cancel your booking in the 8 weeks before the departure date if you have failed to comply with any requirement of these terms and conditions, where such failure expressly entitles us to cancel. We will not cancel during this period for any reason.
- We will endeavour to keep changes to those which are minor in nature. However, occasionally we might have to make a change which we can expect to have a major effect on your holiday, taking account of the information you provide to us at the time of booking and which we can reasonably be expected to know as a tour operator. Such changes are likely to include the following when made before departure:
- a change of accommodation to that of a lower official classification (such as 5 stars to 4 stars) for the majority of your holiday;
- a change of outbound departure time or overall length of time you are away of twelve or more hours;
- a change in UK departure point to one which is less convenient for you;
- in the case of tours, a change in itinerary resulting in you missing out one or more major destination substantially, or altogether.
- If we have to make a significant change or cancel, we will notify you as soon as possible. Should there be time to do so before departure, we will offer you the following options (subject to clause 10.5(b)):-
- to accepting the changed arrangements; or
- to purchase an alternative holiday of a similar standard, subject to availability. We will offer you a specific alternative holiday of equivalent or higher standard (of our choosing) for which you will not be asked to pay any more than the price of your original booking. If this holiday is cheaper than the original booking, we will refund the price difference. Should you choose to reject the offered alternative, you may choose any of our other available holidays, but you will have to pay the normal price for your choice. This will mean you paying more if it is more expensive or receiving an appropriate refund if it is cheaper; or
- to cancel (or accept our cancellation if applicable) in which case you will receive a full refund of the payments you have made to us.
- If we have to make a significant change or cancel, we will pay you the compensation set out in clause 10.6, except in the following circumstances, when no compensation will be payable by us:
- 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;
- if we cancel as a result of your failure to comply with any requirement of these terms and conditions, where such failure entitles to us to cancel. In these circumstances, you will not be entitled to the options in clause 10.4;
- if the change made is a minor one. A minor change means any change which we could not reasonably expect to have a significant effect on your holiday.
- If you are entitled to compensation, the amount your receive will depend on how long before your departure date we notified you of the change or cancellation. The relevant time periods and amounts are:
- more than 70 days before the departure date: NIL
- 70 – 42 days before the departure date: £20 per person
- 41 – 28 days before the departure date: £30 per person
- 27 – 15 days before the departure date: £40 per person
- 14 – 0 days before the departure date: £50 per person
- In the unlikely event of you being required to change or terminate your holiday after the departure date but before the end of your holiday, 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.
- In event that any refund is due to you as a result of cancellation by us, you will receive the refund within 90 days of the cancellation date.
- Our liability to you
- Any arrangements we make, perform or provide as part of our contract with you will be made, performed, or provided with all due skill and care. Subject to these terms and conditions, we will be liable to you if your contracted holiday arrangements are not provided as promised or prove inadequate as a result of our failure to use reasonable skill and care. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. We will only be responsible for what our employees, agents or suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had requested of them.
- We will not be liable to you for any injury, illness, death, loss (including loss of personal possessions), damage, expense, cost or other claim whatsoever resulting from:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their group/party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable.
- We will not be liable to you for any services not formed under our contract, including:
- any additional services or facilities which your hotel or any other supplier agrees to provide for you;
- any services or facilities we have not agreed to arrange for you;
- any excursion, activities or other services you purchase during the duration of your holiday.
- All decisions on whether a service we provide has been properly provided will be decided on:
- the promises we make to you regarding the services we have agreed to provide as part of our contract; and
- the laws and regulations of the country in which the event occurred which led to your claim or complaint (the “local laws”).
As long as the service giving rise to your claim or complaint complied with the local laws 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 United Kingdom which would have applied had those services been provided in the United Kingdom. The only exception to this is whereby the claim or complaint concerns the absence of a safety feature that might lead a reasonable holidaymaker to refuse to take the relevant holiday had they been aware of it.
- Where any claim or part of a claim (including those involving death or personal injury) arises in relation to any travel arrangements provided by any air, sea, rail or road carrier to which any international convention, UK regulation or EU regulation applicable to the United Kingdom applies, the maximum amount of compensation we will have to pay you will be limited. The maximum amount that 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 the most the carrier concerned would have to pay under the international convention or regulation that applies to the travel arrangements in question. If the carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim (or part of it), we will not be obliged to make a payment to you for that claim (or part of it). When making any payment, we will be entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the relevant international conventions and regulations are available upon request.
- We will not be liable to you for any damage, loss, expense or other sums of any description:
- which based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you, or
- which did not result from any breach of contract or other fault by us, our employees or, where we are responsible for them, our suppliers.
- We will not be liable for any business losses you incur, including self-employed loss of earnings.
- Nothing in these terms and conditions will exclude or limit our liability to you for death or personal injury caused by our negligence.
- Excursions, activities and general area information
- We may provide you with information regarding activities, excursions and other services that are available in your destination but that are not managed, supervised or controlled by us. Any such arrangements are provided by local operators or other third parties who are entirely independent of us, and do not form any part of your contract with us, whether booked through your hotel or local tourist of information centres, or if we suggest third parties or assist you in making a booking for such activities and/or excursions.
- We do not guarantee the accuracy of the information given to you in relation to such activities or about the area you are travelling to as they are outside our control.
- Force Majeure and events outside our control
Except where otherwise expressly stated in these terms and conditions, we will not be liable to you or pay you any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid (“force majeure”). Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
- Complaints and problems
In the unlikely event that you experience any problems with your holiday and have any reason to make a complaint, please inform our local agent and the supplier of the service(s) immediately. All complaint given verbally must be put in writing and given to our local agent as soon as possible. We will try to resolve any problem or complaint for you as soon as we are notified of it. However, if you remain dissatisfied, please write to us within 28 days of your return to the United Kingdom, providing your booking reference and full details of your complaint. Only the lead passenger is required to write to us. Should you fail to follow this complaints procedure, any compensation to which you may be entitled to may be reduced or lost as a result.
- Behaviour and your responsibilities
- You agree to accept responsibility for any damage or loss caused by you while on the holiday which you have booked with us. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner, manager or any other supplier. Should you pay an estimated amount, once the actual amount is determined, you must pay the difference or will be given an appropriate refund, as applicable.
- You will be be responsible for meeting any claims made against us and all costs incurred by us (including yours, and the other party’s legal costs) as a result of your actions while on the holiday which you have booked with us. Please ensure that you have appropriate travel insurance to protect yourself against such liabilities.
- You must have all due consideration for other people while on the holiday which you have booked with us. If in our reasonable opinion, or in the opinion of any other person in authority in the location of your booking, you behave in such a way as to cause or be likely to cause danger, distress or upset to any third party or damage to property, we are entitled (without prior notice) to terminate the holiday of the person(s) concerned. In this event, the person(s) affected or concerned will be required to leave the accommodation or other service. We will have no further responsibility towards such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs involved as a result of termination in such circumstances.
- Contracts with Suppliers
It is likely that you will take advantage of services while on your holiday that are provided by independent suppliers (such as airlines and other carriers). These suppliers will provide their services in accordance with their own terms and conditions, which may limit or exclude the supplier’s liability to you, normally in accordance with applicable International Conventions. Copies of the relevant terms and conditions are generally available upon request from the suppliers themselves.
- Special requests and medical problems
- If you have any special requests, please advise us in writing at the time of booking. We will try our best to accommodate your special requests, but we cannot guarantee that such requests will be met unless we have specifically confirmed it at the time of booking. For your own protection, please obtain confirmation in writing from us that your request will be complied with. Where possible we may pass on any special request to our relevant supplier, but this is not confirmation that the request will be met. All special requests will be subject to availability. No booking will be accepted on a conditional basis, that is specified to be dependent on the fulfilment of a particular request. All bookings purportedly made on such conditional basis will be treated as ‘standard’ bookings subject to these terms and conditions.
- If you have any medical problems or disability that may affect your holiday, including any special requirements as a result of any medical condition or disability, you must inform us before you confirm your booking so that we can assess the suitability of your chosen arrangements. In any event, please provide us with full details in writing at the time of booking and whenever any change in the medical condition or disability occurs. Please also inform us immediately should any medical condition or disability that may affect your holiday develops after your booking has been confirmed.
- Passports, visas and health requirements
- It is your responsibility to ensure that you are able to comply with the passport, visa and health requirements applicable to British citizens in relation to your booking.
- British passports can take several weeks to obtain. Should any member of your group not yet have obtained a passport, our recommendation to you is that you should apply for one at least 8 weeks before your departure. The United Kingdom Passport Service will have to confirm your identity before issuing your first passport and will ask you to attend an interview in order for this process to be complete. Requirements may change and you must confirm the current position in good time before leaving on your holiday.
- Information on health is contained on the Department of Health website and from most post offices. It is the lead passenger’s responsibility to ensure that all members of the group are in possession of all necessary travel and health documents before departure. You will be responsible for all costs incurred in obtaining the necessary health information, documents and certifications.
- We will not be liable if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If any member of your group is not a British citizen or holds a non-British passport, you must check the 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 documents results in fines or surcharges imposed on us, you will be responsible for reimbursing us accordingly.
- Financial Protection
We hold an Air Travel Organiser’s Licence (ATOL number [12407]). When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if 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). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have to arise out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body if that other body has paid the sums you have claimed under the ATOL scheme. For further information, visit the ATOL website at www.atol.org.uk.
- Prices and Website Accuracy
- The information and prices shown on our website may have changed by the time you make your booking. While we take reasonable steps to ensure that our website and advertised prices are accurate and up to date, errors do occur. The lead passenger must take care to check all booking details at the time of booking, including pricing.
- Our website is our sole responsibility. It is not issued on behalf of and does not impose any obligation or liability on any independent organisation or carriers whose services are featured in it.
- Delay and Denied Boarding
- We are not able to offer you any assistance in the event of a delay at your outbound point of departure. The airline may provide refreshments and accommodation. We will not be liable for any delay which is outside our control.
- Should your flight be cancelled or delayed, your flight ticket be downgraded or boarding be denied by your airline in circumstances that would entitle you to claim compensation payments or any other payment from the airline under EC Regulation No. 261/2004 – the Denied Boarding Regulations 2004 (as adopted and amended by the UK government after the UK’s departure from the European Union), it is your responsibility to claim directly against the airline for the compensation or other payment due to you. All monies you receive or are entitled to receive from the airline concerned on the grounds of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellations, delays, downgrading or denied boarding. This will include any disappointments, distress, inconvenience or effect on any other arrangements.
- A delay occurring which may entitle you to cancel your flight will not automatically entitle you to cancel any other arrangements, even where those arrangements have been made in conjunction with your flight.
- We will not be liable 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 or any boarding as the full amount of your entitlement to any compensation or other payments is covered by the airline’s obligations under the Denied Boarding Regulations. If your airline does not comply with the regulations, you should complain to the Air Transport Users’ Council on 020 7240 6061, or visit their website at www.auc.org.uk.
- Safety standards
The requirements and standards of the destination will apply to the services provided to you during your holiday. The requirements and standards of the United Kingdom will not apply. The requirements and standards of the destination will not be the same as those of the United Kingdom and may be less rigorous.
- Flights
- Under the EU Directive (EC) No. 2111/2005 Article 9 (as adopted and amended by the United Kingdom government after the United Kingdom’s departure from the European Union), we are required to bring to your attention the existence of a the UK Civil Aviation Authority’s (CAA) list of air carriers who are subject to an operating ban within the UK. list is available for inspection on the CAA website.
- We will advise you of the actual (or likely) carrier(s) that will operate your flight(s) at the time of your booking. If the actual carrier is not certain at the time of booking, we will inform you of the identity of the actual carrier(s) as soon as we become aware of it. We will notified you as soon as possible if there are any changes to the operating carrier(s) after your booking has been confirmed.
- Should the carrier with whom you have a confirmed reservation become subject to an operating ban, if we or the carrier are unable to offer you a suitable alternative, the provisions of clause 10 will apply.
- Flight times given on bookings and on our confirmation are for guidance only, and may be subject to change. The latest time will be displayed on your tickets which will be dispatched to you approximately two weeks prior to departure. You must check your tickets immediately on receipt to ensure that you have the correct flight times.
- Flight times may changed after tickets have been issued. If this occurs, we will contact you as soon as possible to notify you of the change.
- We are not always able to confirm the airline, aircraft type and airport of any flight included in your booking. Any such information provided at the time of your booking is subject to change and/or availability. Any change to such details will not entitle you to cancel or change to other arrangements without paying our normal cancellation or amendment charges.
- Foreign Office Advice
The Foreign and Commonwealth Office publishes regularly updated travel information on their website at www.fco.gov.uk/knowbeforeyougo. We recommend that you visit the site and familiarise yourself with all information given, both general and specific to your destination, well in advance of your departure date.