In these booking conditions references to: “we”, “our” and “us” are to Best At Travel; and “you” and “your” are to all persons named on the booking (including anyone who is added or substituted at a later date).
Please Note: We act in the following capacities, as a Package Organiser in the sale of a Package Holiday (please see Clause 25 for further details) and as a Principal in the sale of a ‘single service’ booking (i.e. accommodation or flight only booking). As a result, our obligations to you will vary depending upon whether you book a Package Holiday with us or whether you make a single service booking. We have tried to set out our differing obligations below as clearly as possible:
(A) Section A contains the conditions that will apply to all bookings you make with us;
(B) Section B contains the conditions which will apply when you make a Package Holiday booking with us where we act as the Package Organiser; and
(C) Section C contains the conditions which will apply where you make a single-service booking with us, where we act as Principal.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Your Holiday Contract
When you make a booking with Best at Travel, the person making the booking will be the ‘Lead Passenger’. As the Lead Passenger, you agree on behalf of all persons detailed on the booking that:
· they have read these Booking Conditions and have the authority and does agree to be bound by them,
· they are at least 18 years of age and where placing an order for services with age restrictions declares that they and all members of their party are of the appropriate age for such services;
· you accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
A binding contract will exist as soon as we take a deposit and issue a confirmation invoice.
Note – when booking travel arrangements in the US there are minimum age requirements. For example, you must be over the age of 21 to check into hotel(s). If you are not, you must ensure that at least one member of your party is over the age of 21 at check-in. We will not be liable if you/your party cannot check-in due to you/all members of your party being under the age of 21 at the time of check-in. You must be at least 21 years of age to rent a car in the US, however some rental agencies will not rent a car to anyone under the age of 25. You will be notified of this before we confirm your booking. If you book contrary to this requirement and subsequently cancel or request changes to your booking our amendment charges (Clause 27 for Package bookings and Clause 32 for single-service bookings) or cancellation charges (Clause 28 for Package bookings and Clause 32 for single-service bookings) will apply as applicable.
2. Booking Confirmation / Travel Documentation
Important: Please carefully review your confirmation, eticket and all other documentation supplied in relation to your booking as it is your responsibility to check that the information on your confirmation invoice is correct and to inform us immediately of any discrepancy. It is likely that the price of your travel arrangements will have increased since the time of booking and we regret that we are unable to accept any liability if we are not immediately notified of any inaccuracy. Although we will endeavour to assist and rectify any errors you will be responsible for any costs involved as detailed in clause 26 of these terms.
We rely on the information that you provide as being accurate and therefore cannot be held responsible if your e-tickets do not arrive due to an incorrect email address. You must inform us immediately of a change of address, telephone number and email address. It is highly recommended that you provide a mobile telephone number to us at the time of booking as this will allow us to contact you more easily to inform you of any changes or cancellations we become aware of.
You should ensure that you have a copy of your travel document email with your booking confirmation, e tickets and any other travel documentation (including your passport and relevant visa, if required) at all times. We will not be liable should any supplier not provide you with the booked product or service if you do not provide the appropriate documentation.
3. Your Financial Protection
We provide full financial protection for our package holidays and our single service bookings by way of our Air Travel Organiser’s Licence number 3337, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, e-mail firstname.lastname@example.org.. When you buy an ATOL protected flight inclusive package from Best At Travel PLC 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. Further information relating to the protection offered on your package holiday can be found here https://www.caa.co.uk/ATOL-protection/Air-travel-trust/About-the-Air-Travel-Trust.
We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 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.
4. Your Holiday Price and Payment
We reserve the right to alter the prices of any of the holidays on our website. You will be advised the current price at the time of the holiday that you wish to book before your contract is confirmed.
When you make your booking you will be asked to pay a deposit per person, we will notify you of the deposit amount at the time of booking and in some cases you will be asked for full payment but you will be advised at the time of booking. The balance must be paid 12 weeks before your departure date unless (i) a ticketing time limit is implemented by the respective airline in which case our service team will contact you to advise of the revised payment date or (ii) the due date shown on your confirmation invoice is different. If the deposit and/or balance is not paid in time, we shall cancel your travel services. If the balance is not paid in time we shall retain your deposit. Payments can be made by credit or debit card by logging into www.bestattravel.co.uk or by calling us on 0207 849 4000. If you are sending a cheque, please allow 7 working days for clearance. We reserve the right to return your deposit of amount paid and decline to issue a booking confirmation at our absolute discretion.
Please note: any refunds that may be due to you will be refunded using the original payment method and if you have paid by credit or debit card, it will be refunded to the same card that was used for the booking.
It is a condition of your contract with us that you have adequate travel insurance in place to cover you and your party against the cost of cancellation by you, the cost of assistance (including your repatriation) in the event of accident, illness, death, loss of baggage and possessions. It is your responsibility to ensure that you have adequate travel insurance in place, we will not be responsible for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. In respect of any lost or damaged luggage, you must fill out a claim form with the relevant airline within 24 hours
6. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions, we cannot accept liability or pay any compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, epidemics, pandemics and significant risks to human health such as the outbreak of serious disease at the travel destination (including the ongoing effects of the COVID-19 pandemic), natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel services may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
7. Cutting Your Booking Short
If you are forced to return home early where we are unable to provide the travel arrangements due to Events Beyond Our Control and we are not able to offer a suitable alternative, we will refund the cost of any travel arrangements you have not used. If you cut short your booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided we will not offer you any refund for the arrangements you have not used or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
8. If You Have A Complaint
We always endeavour to deliver the highest standard of customer service but if you have any dissatisfaction regarding your travel services they should be reported to the relevant travel service provider or their local supplier or agent (“Travel Service Provider”) without undue delay who will endeavour to put things right. If they are unable to resolve your disappointment, then it is your responsibility to contact our Customer Service Department on 0207 849 4282 for assistance.
If your complaint is not resolved locally by the Travel Service Provider or Best At Travel whilst in resort, we require that you raise the issue within 28 days of your return home by writing to our Customer Relations Department at Best at Travel PLC, Worldwide House 7-9 Whitfield Street, London, W1T 2AS giving your booking reference and all other relevant information and supporting documentation. Failure to follow the procedures set out in this clause means we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
9. Passport, Visa and Immigration Requirements
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. We do not accept responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Note: Clients not holding passports marked “British Citizen” must check the applicable requirements with the respective Embassy or Consulate of the countries they are visiting or the British Foreign Office. Please ensure that you comply with the applicable passport and visa requirements and that you allow sufficient time to obtain them. Machine readable passports are required for all travellers to or via the U.S. All children must have their own passports especially when travelling to the U.S. All passports must be valid for at least six (6) months by the end of your journey. Note: Clients travelling to the U.S. must apply for their visa prior to departure on the following website https://esta.cbp.dhs.gov (there will be a minor charge for this service). Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Best at Travel advises customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign, Commonwealth and Development Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found from the following sources: https://www.gov.uk/foreign-travel-advice
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, BEST AT TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.
Recommended inoculations for travel may change at any time and you should consult with your doctor or the appropriate Embassy or Consulate for up to date information. It is your responsibility to ensure that you obtain all the necessary inoculations in relation to your trip. Further information on country specific health advice can be found at https://www.gov.uk/foreign-travel-advice.
10. Flights Details
Details of airlines, flight numbers and destination airport will be shown on you confirmation invoice. Please note that no airline is able to guarantee departure times and these may change due to weather conditions, air traffic control restrictions or technical/operational problems. Best at Travel is not liable for any change to a departure/arrival time previously shown on your confirmation. It is for this reason that you are required to reconfirm your flight departure time 72 hours before departure with the airline concerned and to complete online check in accordance with the applicable airline’s procedures. Best At Travel is also unable to make any special arrangements for passengers if the flight is delayed as this is the sole responsibility of the carrying airline &/or their ground handling agent. We regret that we are unable to guarantee specific aircraft types or seat allocation. Flights described as “direct” will not necessarily be non–stop. If you book a return journey and do not use the outward flight without contacting the carrier directly, the airline may cancel the return flight without refund. All flight tickets must be used in sequence.
11. "No Shows"
Where a confirmed booking has been made for any travel service including flights, car hire, accommodation and packages but is not utilised (for example you fail to (i) check in for your flight /accommodation or (ii) collect your rental vehicle) a refund may not be available and cancellation charges of up to 100% may be applied by the relevant supplier. For flights it may be possible to obtain a refund of the departure tax that was paid for the flight.
12. EU Community list
In accordance with EU regulations, details of air carriers that are subject to an operating ban within the European Community is available at https://ec.europa.eu/transport/modes/air/safety/air-ban_en
13. Special Requests, Medical Conditions and Disability
If you have any special requests (e.g. low/high floor, specific dietary requirements etc) please advise us at the time of booking. Although we will forward any such requests to the relevant supplier (e.g. hotel, airline etc) we regret that we cannot guarantee that they will be able to meet your request. We will not be liable to pay you compensation for failing to provide a special request unless we have confirmed to you in writing that your special request will be met. Please note: accommodation providers are not able to guarantee interconnecting rooms upon request and airlines cannot guarantee any seats you have booked. If you have paid extra for a seat that has not been provided to you, we will arrange with the airline to refund you this cost. If you or any member of your party has any medical condition or disability which may affect your booking arrangements you must advise us, in writing, at the time of booking giving us full details so we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate your particular needs, we will reserve the right to decline your booking but obviously every effort will be made to assist, wherever possible. If you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
14. Ticket Dispatch
Your travel documents will be emailed to the Lead Passenger approximately 10-14 days prior to departure but will not be released until we have received full payment from you. For your flights you can now check in online up to 24 hours prior to your scheduled departure or in person at the airport with just your passport and airline reference. An eticket is a paperless electronic ticket, it is paperless because when you book the details are automatically stored in the airlines booking system so there is no need to send you a paper ticket.
15. Credit Cards
It is mandatory that you or a member of your party travel with a recognised credit card as you may be requested to pay a deposit by your Travel Service Provider (including, but not limited to, at hotel check in or car hire collection) (the level of deposit required will vary by Travel Service Provider). Your Travel Service Provider may process an authorisation request to the applicable credit card provider and/or place a hold on the applicable credit card to cover any monies owed at the end of your stay for this purpose (including, but not limited to, charges for room service, mini bar items and fuel deficit). Please ensure that the applicable credit card provider is informed before you travel abroad and that the credit card being used has a suitable credit limit.
The applicable credit card provider may charge a fee for cross border/international transactions and/or apply a foreign currency conversion fee. Please check with the applicable credit card provider for further information on the types of fees it charges.
16. Map/Distance Disclaimer
Please note that the information as to the distance from the city centre and the location of the hotel on the maps provided are for indicative purposes only. If you require the hotel to be within a certain distance from the city centre or near a particular location, we recommend that you check on the hotel’s own website.
It is the Lead Passengers responsibility to ensure that you and all members of your party do not behave in a way which causes offence, distress, danger or annoyance to others or which risks damage to the property or belongings of others (including but not limited to drunkenness and air rage). In such circumstances, our suppliers (e.g. hotel, airlines, transfer agent etc) have the right to terminate any arrangement made on your behalf in which case our responsibility to you will cease immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other Travel Service will be made and we will not pay any expenses or costs incurred as a result of termination. Further, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Travel Service Provider prior to your departure. If you fail to make payment, you will be liable to reimburse us for any expense and claims (including legal costs) subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us,
18. Departure Taxes
It is not always possible to include all departure taxes on your ticket – in some cases departure taxes must be paid locally and these are payable to the Government of the country departed from and are non-refundable.
19. Pre-travel advice
The Foreign, Commonwealth and Development Travel Advice Unit may have issued information about your holiday destination. You are advised to check this information on their website www.fco.gov.uk
Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control (see Clause 6).
20. Hotel and Cruise Ship ratings
The ratings featured in any Best At Travel plc web site are offered as a general guide and do not necessarily represent any official grading system. Actual standards may vary between hotels of the same grade in different countries and even in the same country. Different countries have different standards; a 5* hotel in one country is not necessarily equivalent to a 5* hotel in another country. Best At Travel endeavours to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose. Please note that the hotels and cruise ships booked by us for you are not exclusive to Best At Travel plc. We are not responsible for any limitation in facilities because of other hotel, or ship guests or their activities. Best At Travel plc does not take responsibility for hotel or ship content (including images, facility listings etc) displayed on our website. Hotels and ships may change facilities and property features without prior notification to Best At Travel. Images of room or cabin types do not necessarily represent the bed configuration of the room being purchased. For example, a quad room in North America may invariably consist of two double beds and a room for two will be one double although in Europe this may be two single beds. Also, there may be an additional charge for extra beds or cots. Therefore, if you have a special requirement please inform us at the time of booking and any special request will be forwarded to the supplier for consideration but is not guaranteed by us and does not form any part of our contract with you.
21. Special Offers
Please note that where special offers are highlighted these are generally based on sharing existing beds in the room. If you do require a separate bed this must be requested at the point of booking, as additional charges may apply. For special offer meal plans “Kids Stay and Eat Free” this refers to the board basis of the overall reservation. Where a booking is for Half Board therefore the meal plan of the child will be half board.
Excursions or other tours that you may choose to book or pay for locally whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book locally your contract will be with the operator of the excursion and not with us and we will not be held responsible for the provision of these excursions or tours or for anything that happens during the course of these where they are purchased locally.
23. Data Protection and Privacy
If you have booked a holiday you will still receive an email or other confirmatory material and booking data confirming your booking details and even if you have exercised your right to opt out of further communication as these are necessary to process your booking.
24. Law and Jurisdiction
This booking is governed by English Law and the jurisdiction of the English Courts. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
SECTION B – PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Bookings, where we are acting as the Package Organiser (please see clause 25 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
25. Definition of a Package
Where your booking is for a Package itinerary that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel services Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Terms and Conditions.
A “Package itinerary” exists if you book a combination of two of the following separate travel services:
(c) rental of cars, motor vehicles or motorcycles (in certain circumstances);
(d) any other tourist service not intrinsically part of one of the above travel services;
provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that:
a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b. where you have made a booking which consists of not more than one type of the travel services listed at (a) – (c) above, combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs, please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.
26. Changes to Your Package Holiday Price
We reserve the right to change your holiday price after you have booked, but only in certain circumstances:
Changes in the price of carriage of passengers resulting from changes to the cost of fuel or other power sources, the levels of taxes or fees chargeable for services applicable to the Package Holiday imposed by third parties not directly involved in the performance of the Package ,including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates relevant to the Package mean that the price of your holiday may change after you have booked. Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. However, there will be no charge within 20 days of your departure nor will any refunds to decreases be paid during this period.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel services which excludes amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person. If this means that you have to pay an increase of more than 8% of the price of your holiday (excluding any amendment charges and/or additional services or travel services), you will have the option of accepting a change to another package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of a lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid except for any amendment charges.
Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the cost changes mentioned above then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. However, please note that travel services are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
27. If You Change or Transfer Your Package Booking
If, after our confirmation invoice has been issued, you wish to change your travel services in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it is not always possible. Any request for changes to be made must be in writing from the Lead Passenger. You will be asked to pay an administration fee of £45.00 per person and any further cost we incur in making the alteration. You should be aware that these costs could increase the closer to departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and a cancellation fee may be payable in accordance with Clause 28. Note: Certain travel services (e.g. flight tickets) may not be changeable after a reservation has been made and any request to alter could incur a cancellation charge of up to 100% of this part of the arrangements.
Transfers of a Package Booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (but it should be noted that some suppliers, including airlines, consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the travel arrangement). You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before departure. Any outstanding balance payment must be paid to us, as well as an amendment fee of £45 per person transferring and any additional fees, charges or other costs arising from the transfer and the new traveller agrees to these booking conditions and all other terms of the contract between us. Both you and the new traveller are jointly and severally liable for paying all costs we incur in making the transfer. If you are unable to find a replacement, cancellation charges as set out in Clause 28 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services. Please note: airlines in particular sometimes charge a 100% cancellation fee for name changes and the cost of a new flight.
28. If you Cancel Your Package Holiday
You, or any member of your party, may cancel your travel services at any time. Written notification from the Lead Passenger must be received at our offices and will only be effective from the date on which we receive it. Since we incur costs in cancelling your travel services, you will have to pay the applicable cancellation charges up to the maximum shown below. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this charge.
Period before your departure date in which you notify us
More than 12 weeks prior to departure
Loss of deposit
84-55 days prior to departure
54-30 days prior to departure
29- 0 days prior to departure
Note: In some circumstances our holidays carry a 100% cancellation fee as airlines &/or hotels may charge in full at the time of booking. If this is applicable to your booking this will be stated on your confirmation invoice.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable and Extraordinary Circumstances:
You have the right to cancel your confirmed itinerary before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your itinerary destination or its immediate vicinity and significantly affecting the performance of the itinerary or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions, which make it impossible to travel safely to the travel destination.
This clause 28 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
29. If We Change Or Cancel Your Holiday
(i) If we change your holiday
It is unlikely that we will have to make any changes to your travel services, but occasionally this may become necessary and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible opportunity. Minor changes include, but are not limited to, alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and changes of carriers.
If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of your holiday, we will inform you as soon as possible. A significant change for these purposes includes for example, one that involves a change of UK airport (excluding Heathrow, Gatwick, Luton, Stansted), a change of your accommodation to a lower grade than booked or a change of resort location or a significant change to your itinerary, missing out one or more destinations entirely. In these circumstances you will have the choice of either:
· accepting the change;
· accepting an offer of alternative travel services of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements;
· accepting an offer of an alternative holiday comparable in standard from us, if available (we will refund any price difference if the alternative is of a lower value); or
· cancelling your holiday booking and receiving a refund all monies paid. Where a refund is paid you will also be entitled to the compensation set out in clause 29 (iii) unless the significant change is due to Unavoidable and Extraordinary Circumstances.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
(ii) If we cancel your holiday
We also reserve the right in any circumstances to cancel your travel services. However, we will not cancel your travel services less than twelve (12) weeks prior to your departure date, except for Unavoidable and Extraordinary Circumstances or failure by you to pay the final balance. We may cancel your Package because the minimum numbers required for the package to commence has not been reached. The minimum number applicable will be identified in the holiday description together with the time limit for us to notify you if the package has to be cancelled.
If your holiday is cancelled you will have the choice of:
· a refund of all the monies paid to us. Where a refund is paid you will also be entitled to the compensation set out in clause 29(iii) unless the cancellation is due to Unavoidable and Extraordinary Circumstances; or
· accepting an offer of an alternative holiday of comparable standard, if available (we will refund any price difference if the alternative is of a lower value).
If we make a significant change and you do not accept the changes services and cancel your booking, or if we cancel your booking and no alternative services are available and/or we do not offer one, the following compensation will be payable:
Period before departure in which we notify you
Compensation we will pay to you
Over 12 weeks
£0 per person
£10 per person
£20 per person
£30 per person
This does not prevent you from claiming more if you are entitled to do so.
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
(a) where we make a minor change;
(b) where we make a significant change or cancel your arrangements more than 12 weeks before departure;
(c) where we make a significant change and you accept those changed services or you accept an offer of an alternative holiday;
(d) where we have to cancel your arrangements as a result of your failure to make a full payment on time;
(e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see Clause 6).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
30. Our Liability To You for your Package Holiday
(1) We will accept responsible for the services we agree to provide or arrange for you as an “organiser” under the PTRs, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice.You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package. If any of the travel services included in your package are not performed in accordance with your holiday contract, or are improperly performed, by us or the Travel Service Providers and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package you may be entitled to an appropriate price reduction or compensation or both. The level of such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or Travel Service Providers’ negligence affected the overall enjoyment of your package. Please note that it is your responsibility to show that we or the Travel Service Provider(s) have been negligent if you wish to make a claim against us.
(2) However, we will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim if it is due to:
(a) The acts or omissions of the person affected;
(b) the acts or omissions of a third party unconnected with the provision of the travel services in the package and which were unavoidable or extraordinary; or
(c) Events Beyond Our Control (as defined in Clause 6).
(3) Our liability will also be limited if we are found liable under this clause to:
(a) Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) The contractual terms of the companies that provide the travel services that make up your package, including the operating carrier or transport company’s own ‘Conditions of Carriage’. These terms are incorporated in this contract/your booking and you agree that these ‘Conditions of Carriage’ form part of your contract with us; and
(d) Claims in respect of international travel by air, sea and rail, or any stay in a hotel: The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include, the Warsaw/Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne/Cotif Convention in respect of travel by rail and the Paris Convention in respect to hotel arrangements,. These limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. You acknowledge that all of these terms and conditions form part of your contract with us and shall be deemed to be included by reference into this contract.
(e) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulations as if (for this purpose only) we were a carrier.
(f) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the Travel Service Provider for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our Travel Service Provider(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment in made, the person(s) receiving it (or their parent/guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which: (i) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have been foreseen you would suffer or incur if we breached our contract with you, (ii) if it relates to any business or (iii) if it is an indirect or consequential loss of any kind.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other Travel Service Provider agreed to provide for you.
You can ask for copies of the travel service contractual terms, or the international conventions, from our offices at Worldwide House 7 – 9 Whitfield Street, London, W1T 2AS.
(8) Under EU law (Regulations 261/2004) you have the rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellations or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in Clause 29. If any payments to you are due from us, any payment made to you by the airline or any other Travel Service Provider will be deducted. If your airline does not comply with these rules and you require further assistance you can contact the Civil Aviation Authority via their website - Civil Aviation Authority. In some circumstances you may also be entitled to recover reasonable expenses incurred (including accommodation, meals/refreshments and up to two communications) from your airline. In order to make a claim you should forward full details of expenses incurred along with receipts and travel itinerary information directly to the airline for their consideration.
(9) f it is impossible to ensure your return to your departure point as scheduled due to Unavoidable and Extraordinary Circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights per person. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
Note - this entire clause 30 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
31. Additional Assistance for Package Holidays
If you are in difficulty whilst on holiday and ask us to help, we will provide such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
SECTION C – SINGLE SERVICE BOOKINGS
This section applies to all single service bookings that you make with us (e.g. accommodation only) when we acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.
32. If you Change or Cancel your Single Service Booking
If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of [ ] per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. The person to notify us of any change must be the Lead Passenger
Note: Certain single service arrangements, such as flights, may not be changeable after confirmation and any alteration may result in a cancellation of up to 100% and the price of a new ticket.
If you, or any member of your party, decides to cancel your booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date which we receive it. The person to notify us of any cancellation must be the Lead Passenger.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before your departure date in which you notify us
More than 12 weeks prior to departure
Loss of deposit
84-55 days prior to departure
54-30 days prior to departure
29- 0 days prior to departure
Note: Certain arrangements, such as flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above.
This clause outlines the rights you have if you wish to cancel your single service booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
33. If We Change or Cancel Your Single Service Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced due to Events Beyond Our Control (please see clause 6) to change or cancel all or some of your arrangements after your departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
34. Our Responsibilities for your Single Service Booking
(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for an which were unforeseeable and unavoidable;
(c) Events Beyond Our Control (as defined in clause 6).
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause;
(a) Loss of and/or damage to any luggage or personal possessions and money.
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind
(b) Claims not falling under (a) above and which don’t involve injury, illness or death.
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business; or (c) is an indirect or consequential loss of any kind.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Best at Travel COVID-19 Additional Terms & Information
The following terms and additional information (“Terms”) are supplementary to and do not replace (unless where states) Best at Travel PLC’s Booking Conditions. Where you make a booking with us, these Terms and the main Booking Conditions form the basis of your contract with Best at Travel, a company registered at Elsley Court, 20-22 Great Titchfield Street, London, W1W 8BE.
1. Your Holiday Price and Payment (this replaces clause 4 in our Booking Conditions)
When you make your booking you will be asked to pay a deposit per person, we will notify you of the deposit amount at the time of booking and in some cases, you will be asked for full payment but will be advised at the time of booking. In most circumstances, the balance of your holiday will be due 6 weeks before your departure date and no tickets will be issued until this time, provided you have paid the full balance. However, some of our suppliers do require part or full payment at earlier dates and we will let you know where this is the case and the deadlines for payment.
A binding contract will exist between you and us as soon as we take a deposit or full payment and issue a confirmation invoice.
2. Limitation of Liability
Due to the ongoing Covid-19 global crisis, we acknowledge our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
a) Prior to departure, you have been diagnosed with Covid-19 before departure and are no longer able to travel. Where this happens within 14 days of your departure date (or otherwise prevents you from departing on the planned departure date), you must contact us and we will offer you the option of postponing your holiday to a later date. We will do our best to amend/postpone the date of your holiday free of charge but this amendment will be subject to any additional charges of which we will notify you. You will also have the option of transferring your place on the holiday to another person nominated by you (subject to the Clause 27 of our Booking Conditions), or cancelling your holiday in which case we will impose our standard cancellation charges in Clauses 28 and 33 (depending on whether you have booked a package or a single-service) of our Booking Conditions.
b) Prior to departure, you have been in contact with someone that has been diagnosed with COVID-19 (or they otherwise suspect they may have Covid-19) and are required to self-isolate. Where this happens within 14 days of your departure date (or otherwise prevents you from departing on the planned departure date), you must contact us and we will offer you the option of postponing your holiday to a later date. We will do our best to amend/postpone the date of your holiday free of charge but this amendment will be subject to any additional charges of which we will notify you. You will also have the option of transferring your place on the holiday to another person nominated by you (subject to the Clause 27 of our Booking Conditions), or cancelling your holiday in which case we will impose our standard cancellation charges in Clauses 28 or 33 (depending on whether you have booked a Package or a single-service) of our Booking Conditions.
c) Prior to departure, you live in a place that has imposed local or national lockdown restrictions and you can longer travel;
d) Prior to departure, the government of your country of origin impose quarantine requirements upon your return from your destination. To keep up to date with quarantine requirements that may apply on your return to the UK, please visit https://www.gov.uk/guidance/coronavirus-covid-19-travel-corridors.
e) After your departure date, you have been diagnosed during your holiday or have otherwise been in contact with someone who has been diagnosed with Covid-19 (or they otherwise suspect they may have Covid-19) and you are now required to self-isolate. Please notify us without delay and we will provide such reasonable assistance as we can in the circumstances but will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, addition accommodation required, or any other associated costs incurred by you. We strongly suggest you take out an insurance policy that will cover you for these costs.
f) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, enter to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday. In these circumstances, we cannot refund the cost of any travel arrangements you have not used.
If you are forced to cancel due to any of the above circumstances, subject to any other options we have offered, you will have to pay the cancellation charges set out in Clauses 28 or 33 (depending on whether you have booked a Package or a single-service) of our Booking Conditions. We strongly suggest you take out an insurance policy so you can recover these costs.
3. Cancellations and Refunds
There are certain circumstances where you are entitled to cancel your booking with us at any time before departure and receive a full refund, these are:
a) If the Foreign, Commonwealth and Development Office to your destination; or
b) We are unable to perform a significant part of your Package or your single service booking due forced closure and/or cancellation of the travel services booked. Please see Clause 29 in our Booking Conditions for more information on this where you have booked a Package with us.
All cancellations must be notified to us in writing. The right to cancel in the above circumstances will arise until 14 days before your scheduled arrival date (and only applies if the relevant restrictions are still in place at the time of cancellation). Notification of cancelled will be effective from the date on which we receive it.
4. Awareness and Measures
In response to the Covid-19 global crises, each destination has implemented their own health and safety measures and precautions in an attempt to combat the spread of the disease. Specific regions and resorts have also introduced their own health and safety measures in line with government advice (local or national), depending on their capacity and ability to take certain precautions. It is your responsibility make yourself aware of the measures that are in place at the travel destination, as well as the resort/other accommodation you have booked. Measures may also vary for each activity, tour and other excursions you have booked.
Certain measures may be mandatory and it is essential you and any members of your party comply with and respect any local and national health and safety measures throughout the duration of your stay as you could face penalties for failing to do so. Such measures may include, but are not limited to, social distancing, the use of facemasks both indoors and/or outdoors by staff and customers, a maximum number of households in accommodation and/or certain other facilities, changes to entertainment options or food/drink availability and restrictions on the use of certain facilities. We will not be liable for any costs, fees or charges you incur from your failure to comply with any mandatory requirements or measures.
Where possible, we will make you aware in advance of any mandatory or advised measures that are in place at your travel destination and/or in place at any of the services that make up your booking. However, it is your responsibility to check the measures and precautions that are in place at your travel destination and ensure you are checking these regularly before your departure date. For further information, please visit https://www.gov.uk/foreign-travel-advice and search for the country you are planning to travel to.
5. Entry Requirements and Requirements of Suppliers
It is your responsibility to check the entry requirements for the travel destination(s), as many countries have introduced new and additional entry requirements because of Covid-19.
Most airports require you to undergo a temperature check as well as a visual health check before you check in for your flight and/or again before you board your plane. Depending on your travel destination, or the country you are travelling from, you may be required to complete and present additional travel documentation before you travel detailing any destination you have travelled through/visited in the 14 days preceding your departure date, whether you have been in contact with anyone with Covid-19 in the 14 days preceding your departure and your Covid-19 history. You may also be required to present a negative PCR test before you are able to enter the country and will be responsible for the cost of this test. If you fail to complete the above when required, or if you fail any health check, you will be denied boarding and entry to the country you were travelling to. We do not accept responsibility if you cannot travel and are not liable for any costs, fees or charges you incur if you have not complied with the requirements or if you fail any health check.
To allow for international travel, countries are now introducing further measures that you will need to comply with after you have entered the country. Such measures include the requirement undergo a second PCR test several days after the first accepted negative test result and you will be required to quarantine at your accommodation at your own expense until the result of that second is negative. If the result of the second test is positive, you will be subject to further quarantine at your accommodation at your expense. Please note that all PCR tests will be at the cost of the customer and we will not be liable for any costs, fees or charges you incur if you are required to undergo additional tests or pay for additional accommodation.
These entry requirements will differ for each country and may change before your departure date. Therefore, it is important that you keep up to date with the entry requirements and further requirements that are in place for your travel destination.
Where possible, we will make you aware in advance of any mandatory or advised measures that are in place at your travel destination, as well as measures that your airline implements and any entry requirements you should be aware of when you arrive at your destination. We will attempt to notify you without delay if any of the entry requirements change before your departure date but it is your responsibility to make yourself aware of the above and regularly check for the most up to date information up until the point of your departure. For further information on entry requirements, please visit https://www.gov.uk/foreign-travel-advice and search for the country you are planning to travel to.
6. Travel and Medical Insurance
It is a condition of your contract with us that you have adequate travel insurance in place. Your insurance policy must include provisions relating to Covid-19, covering you and members of your party for situations including but not limited to, where you have been diagnosed with Covid-19 before your departure date, where you have been in contact with someone that has been diagnosed with Covid-19 and are required to self-isolate. It must also cover you for Covid-19 related circumstances during your holiday, for example, where you have been diagnosed or have been in contact with someone who has been diagnosed with Covid-19 during your holiday. In these circumstances, your policy should cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate and extend your stay. Please ensure that your insurance policy covers repatriation for you and all members of your party if it is a group policy, otherwise each individual person will need their own travel insurance policy to cover for repatriation as we will not be liable for any additional costs, fees or charges incurred by you or any member of your party in booking additional transport, including flights.
Please be aware that many insurance policies may be void in full or in part if you choose to travel contrary to Foreign, Commonwealth and Development Office (FCDO) advice and that some policies may exclude cover for certain Covid-19 related risks or events, e.g. border closure or repatriation related to FCDO advice against travel and/or the requirement to quarantine upon your arrival into your country of origin. You should check the FCDO advice regularly in relation to your travel destination(s) and you can sign up to receive FCDO email alerts about updates by visiting https://www.gov.uk/foreign-travel-advice/email-signup.
Important note: If you are a UK citizen travelling to an EU country, Norway, Iceland, Liechtenstein or Switzerland then you may rely on your European Health Insurance Card (EHIC) that is valid until 31st December 2020. Customers who are visiting one of the above countries on 31st December 2020 may rely on the EHIC for the duration of that holiday to that country. However, the EHIC will not be valid for UK citizens who commence travelling on or after 1st January 2021 due to the UK’s decision to leave the European Union. In the event you do become ill on holiday whilst your EHIC, the EHIC may not provide the medical treatment that you would expect to receive from the National Health Service (NHS) or under your healthcare insurance and it does not cover repatriation to the UK as a result of illness so your travel insurance policy should cover you for this.