Broadway Travel Service (Wimbledon) Ltd Booking Terms and Conditions
We act in the following capacities: as a Flight-Plus provider, and as an agent to help you to arrange individual holiday products/book packages from third party package organisers. Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings and Section B applies to agency bookings (including Flight-Plus).
SECTION A – APPLICABLE TO ALL BOOKINGS
When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the confirmation receipt (or any other document) are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.
Low Cost/"No Frills" Flights Only
When booking a "no frills" airline through our website or over the telephone you are entering into a contract directly with the airline concerned and you will be subject to their terms and conditions which you must refer to on the relevant airlines website. Please also see section B below for further information in relation to our role as your agent when booking ‘no frills’ flights on your behalf.
When you book your flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a low deposit/deposit you must pay the deposit/full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
If a balance extension is required and granted a standard £15 charge will be applied to your booking. If your departure date is within 14 days of your booking date and you pay via debit/credit card the card holder must be part of the travelling party.
Errors and Omissions
We take reasonable steps to ensure that any information, photographs, or any other details about the flights, accommodation arrangements or accommodation featured on the website, described over the telephone or featured in any of our marketing publications is accurate. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this Site, regrettably errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid. We make no warranties or promises as to the availability or suitability of any accommodation advertised. We reserve the right to change or vary the price, flight, accommodation, or any other arrangements featured on our website, discussed with you over the telephone or printed in any of our publications at any time without notice.
You agree that it is your responsibility to ensure that all the details of your chosen accommodation are confirmed with us at the time of booking.
We accept all major credit and debit cards. There is a charge of £2 for any bookings made using a debit card or switch card, a charge of 2.5% for any bookings made using a credit card and a charge of 3% for any bookings made using American Express.
Please note that all additional charges are included in the total cost. Additional charges include airport taxes, fuel supplement, security fee and where applicable (when your flight is with a low cost airline) a card booking fee.
Please note that City Taxes are likely to be payable in most tourist cities. These are not included in our quoted prices. If you have booked online or have a question regarding City Taxes please contact us on 0871 235 0010.
Please ensure that ALL documentation is thoroughly read and understood. It is your responsibility to inform us of any discrepancies. Please note some suppliers may charge for amendments and unfortunately in these circumstances the client will be responsible for any additional charges. Please ensure that you arrive in good time for your departure, we cannot be held responsible for your failure to do so.
Hand Baggage is included Free of charge. There is no Hold Baggage included in your holiday cost unless otherwise stated. If you would like to add Baggage to your reservation please contact us on 0871 235 0010.
There are no transfers included in your holiday cost unless otherwise stated. On arrival at your destination you will normally find taxis just outside the terminal building. To avoid getting overcharged it is advisable to agree a cost before you take the journey. If you would like to add Transfers to your reservation please contact us on 0871 235 0010.
Please note inflight meals are not included in the price stated unless otherwise advised at the time of booking.
Please be advised that all inclusive starts at 12 noon on your day of arrival and ends at 12 noon on the day of your departure. If you have booked late night flights and you miss any meals on the first day they will not be offered to you on the day of your departure.
Please be advised that all accommodation ratings are given by the respective supplier and may not be the official rating.
Travellers under 18
The person making the booking accepts responsibility for paying for all the people on the booking. They are also responsible for keeping everyone in the party informed of the booking details. You must be at least 18 years old to make a booking with us. The first named person travelling on the booking must be at least 18, if all people travelling in your party are under 18 you need to provide a letter of consent from your parent or guardian, please either email this letter to firstname.lastname@example.org. Not all airlines will allow unaccompanied minors to travel, please double check with our reservations staff before booking your flights.
Please note that if you are hiring a car then you will need to supply a credit card as security when you collect the card. No money will be taken from the card without your consent (all details will be covered when you sign your agreements before taking the car). In most destinations you need to be over 21 to hire/drive a car, it is always best to double check the age limit before booking. If you are hiring a car in America further local taxes will be charged if you are under the age of 25, for extra charges please contact one of our travel consultants.
If you have arranged to park a car at a pre-booked car park please ensure that you know which car park that you are to use. Please bear in mind that some airport car parks may involve a coach transfer. Please allow time for this.
Ticket on Departure
If you are collecting documentation from the airport, this will normally ONLY be your flight tickets. Please ensure that you have any other vouchers emailed, posted or faxed to you before you depart.
Visa / Vaccinations
Certain countries require a visa permit for entry. Further information can be obtained from the embassy representing your destination. Where required, we recommend that all passengers have the correct vaccinations prior to travel. Always consult your doctor. Please note: The U.S department of immigration has recently changed some of the rules for visitors entering the U.S.A, please contact them for more information, especially if you have a criminal record.
Flight Times and Tickets
All departure and arrival timings are given using the 24 hour system. Your flight tickets will state the most up to date flight time information, so please read them very carefully and ensure that you allow sufficient time to arrive at the airport, normally 2 hours before departure. It is the responsibility of the traveler to re-confirm their homeward flight with the airline at least 48 hours before departure.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, or if the actual carrier is not known at the time of booking, the likely carrier that will operate your flights. Where we are only able to inform you of the likely carrier we will tell you the actual carrier if we become aware of it. There is an EC Community List of carriers which are subject to an operating ban throughout Europe and we will not use one of these airlines. In the event that an airline is or becomes listed, you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Please refer to the CAA’s website www.caa.co.uk.
It is imperative that you confirm your inbound flight details with the airline. Failure to do so may mean that you may miss your flight because the departure time has changed, or the airline may not allow you to board. We are not liable for any losses if you do not reconfirm your inbound flight.
For passengers who will be 28 weeks pregnant at the time of the intended return flight, airlines require a medical certificate confirming the passenger is medically fit to fly. Airlines will not carry any passenger who will be 32 weeks or more pregnant by the end of the intended return flight. Please contact your doctor or the Department of Health for advice.
Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
Flights timings on your confirmation invoice are for guidance only and subject to change. You must check your flight details and times on receiving your tickets or final flight confirmation and notify us immediately of any errors. The times quoted on your documentation are local times and you must check in at least 3 2 hours before departure regardless of any anticipated delay.
If seats have not been pre-booked you are more likely to get seats that meet your requirements if you check in early. If your outbound journey is not utilised, the inbound flight reservation may be automatically cancelled. We are not responsible for any losses if you arrive late for the specified check-in time for the flight, or lose your flight tickets, and are unable to board.
To ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record: your telephone calls and customer transactions and activities on our website. All recordings are and shall remain our sole property.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Please remember that failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. Often we do receive advance notice of when it will begin, in which case you will be informed prior to making your booking or within a reasonable time of us being notified.
We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking you must make all requests in advance before a booking is confirmed.
Please be aware that the booking conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
As we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them, but sent via our offices. We will then pass on your complaint and liaise with the relevant supplier on your behalf. We do so on a goodwill basis in our capacity as agent of the supplier. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. Complaints must be made within 28 days of our return home and can be sent via our offices if you wish. Please contact Customer Relations. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the arbitration scheme arranged by ABTA, details of which are below.
In all cases it is imperative that we receive full details of any complaint from you within our cut-off date of 90 28 days of your return home, and you must follow up by telephone to ensure that we have received it if you do not receive any form of acknowledgement from us within 7 days.
We are a member of ABTA, membership number P6758. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday.
When we are acting as an agent, many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking. If you receive an ATOL Certificate then you will have ATOL protection. Please note that ATOL protection is not available for flights that are with low-cost carriers or where your payment is made direct to airlines. Where necessary, we will add supplier failure insurance to your booking automatically in order to protect you.
We provide protection by way of a trust account controlled and administered by Professional Trustees to Travel Ltd. You agree that all money that you pay to us for flight inclusive travel arrangements requiring financial protection will be paid into that separate and designated trust account and will be held there on trust for the trustees of the Air Travel Trust (or in some cases for you) in accordance with a trust deed dated 01st April 2014 between us, Professional Trustees to Travel Ltd and the Air Travel Trustees. Money in that account will only be released in accordance with the terms of that deed. This means that in respect of all arrangements requiring protection, in the event of our insolvency, funds will be available to ensure that you are not left stranded abroad or will receive a refund of the money you have paid for an advance booking.
Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
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 (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 arising 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 sums you have claimed under the ATOL scheme.
If you book arrangements other than an ATOL protected flight, Flight-Plus or Package, your monies will not be financially protected. Please ask us for further details.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier concerned’s control.
Law and Jurisdiction
These terms of business are governed by English law and the courts of England and Wales have jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable.)
Conditions of Suppliers
The services you book are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Data Protection and Privacy
We are a data controller in relation to your booking. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information whilst in our control. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc in order to arrange your booking. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
You are entitled to a copy of your information held by us. If you would like to see this please contact us and we may make a small charge for providing this to you. We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us.
SECTION B: AGENCY BOOKINGS AND FLIGHT PLUS ARRANGEMENTS
This section applies to bookings we make for you when acting as agent. Your contract When making your booking we will arrange for you to enter into a contract with the supplier (tour operator/airline/cruise company or other supplier) named on your receipt. For most bookings we act as agent for the supplier but we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
You may wish to purchase flights, hotel, car rental, transfer services or other services on our website or by calling us. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations (see section C below); and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
When we act as your Agent
When making a booking with most ‘no frills’ or low cost airlines we are acting as your agent to find flight services for you, on terms to suit you. At the time of booking, we will inform you if we are acting in that capacity and in relation to such bookings, you appoint us to source those services on your behalf. Monies paid to us for such services are held by us on your behalf until they are paid to the flight provider in question. Please note that payment by you to us does not constitute payment to the travel service provider whose services we have sourced and if we collect monies from the travel service provider on your behalf, the travel service provider’s liability to pay that money to you is discharged. We accept no liability in relation to any contract you enter into or for any low cost flight services or the acts or omissions of any flight supplier(s). For all ‘no frills’ flight arrangements, your contract will be with the supplier(s) in question. Your booking for ‘no frills’ flights is subject to this clause and the specific booking conditions of the relevant supplier(s) we source for you and you are advised to read both carefully prior to booking. By making a booking where we are acting as your agent, you agree to the terms of this clause.
Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge quoted. We also reserve the right to charge an amendment fee to cover the costs we incur in dealing with your request.
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to accept the alternative offered. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
Our Service Charges
Included in the price you have been charged is our service charge. This is the cost of us providing a booking service for you and arranging the contract between you and your chosen suppliers.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
Our responsibility for your booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Booking a Flight-Plus provides you with protection under our ATOL in the event of supplier insolvency, but we are still acting as agent for the individual suppliers and a Flight-Plus booking does not constitute a package. A Flight-Plus exists where you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also request to book either living accommodation or self-drive car hire which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
A Flight-Plus will also exist where on the same day, the day before or the day after you have requested to book: a) a non-flight inclusive Package, you request to book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, you request to book accommodation or self-drive car hire outside the UK. (A Package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.) Please note that a single flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. Where you request to book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012. Please note that where you book a low cost flight only and make payment directly to the airline, this will not constitute a Flight-Plus.
Our liability for Flight-Plus bookings
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012. If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will seek to provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed. If, after your intended departure on a Flight-Plus we become aware that your living accommodation or car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or car hire making up your Flight-Plus, we will seek to provide you with suitable alternative living accommodation or car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant supplier of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.