Terms and Conditions
www.awayholidays.co.uk is a trading name of Southall Travel Limited
YOUR CONTRACT — PLEASE READ THIS CAREFULLY BEFORE YOU BOOK
These booking terms and conditions govern all bookings that you make with
Away Holidays of 32 Dover Street, Mayfair, London W1S 4NE. Please read them
carefully as they set out our respective rights and obligations. In these
booking conditions references to "we" and "us" indicate Away Holidays (the
Company) and references to "you" and "your" include the first named person
on the booking and all persons on whose behalf a booking is made or any
other person to whom a booking is added or transferred. Your use of this
website is expressly conditioned on your acceptance of the following terms
and conditions. If you do not agree with any part of the following terms
and conditions, you must not use this site.
With Away Holidays, you can choose what you want to book with us – whether
that’s your whole holiday (with accommodation, flights and transfers
included) or just parts of it – such as just your accommodation or flights.
Where you book a combination of flights (or other transport arrangements),
accommodation or car hire and any other tourist services accounting for a
significant proportion of the holiday, for the purpose of the same trip or
holiday, as defined in clause 24, this will create a package for the
purposes of the Package Travel and Linked Travel Arrangements Regulations
2018. Away Holidays will accept responsibility as the package organiser and
your payments will be financially protected by us. This booking will be a
“Package Holiday”. Please see section A and B of these Booking Conditions
for the terms that apply to Package Holidays and for the full definition of
what constitutes a package holiday.
Single Component Transport & Accommodation Bookings
You can also purchase separate, individual elements fromus (e.g.
accommodation only or flight only). In these circumstances, we will always
act as an agent on behalf of the supplier of the arrangements in question
(“Supplier/Principal”). Please see Section A and C for the terms and
conditions which apply to your booking.
SECTION A - APPLICABLE TO ALL BOOKINGS
1. Booking Your Travel Arrangements
By making a booking, the first named personal/lead passenger on the booking
or the person making the booking agrees on behalf of all persons detailed
on the booking that he/she:
a) has read these Booking Conditions and agrees to be bound by them;
b) consents to our use of personal data in accordance with our Privacy
Policy and is authorised on behalf of all persons named on the booking to
disclose their personal details to us, including where applicable, special
categories of data (such as information on health conditions or
disabilities and dietary requirements);
c) is over 18 years of age at the time of booking and where placing an
order for services with age restrictions declares that he/she and all
members of the party are of the appropriate age to purchase those services;
d) accepts financial responsibility for payment of the booking on behalf of
all persons detailed on the booking.
All services offered are subject to availability. Fares are not guaranteed
until they are ticketed.
When you make your booking you must pay the relevant deposit as specified
at the time of booking. No contract will come into existence until we
accept your booking and we receive your deposit or full payment in cleared
funds and issue you with a confirmation invoice either on behalf of
ourselves or the supplier in question. Please ensure that the names given
are the same as in the relevant passport.
Bookings made online: If you book online, you must provide us with all the information which we
require. Online bookings are processed automatically and it is your
responsibility to ensure that all the information you provide including but
not limited to the travel details is accurate and correctly entered online;
that you make the right selection of flights, hotels, or any other
arrangement you book with us; that passenger information is entered as it
appears on the passport. We hold no responsibility for any discrepancy
whatsoever in the information that you provide or the way it is entered
online. You agree that any such discrepancy/error while entering the
information or while selecting the arrangements may lead to additional
costs which will be borne by you. You must also ensure that the credit or
debit card you are using is your own (or, subject to our acceptance, if it
is a third party's you have their express authorisation, to use their
credit or debit card) and that sufficient funds are available to cover the
cost of the arrangements which you book with us. When we receive and accept
your booking we will process it (subject to availability) and debit payment
from you. A confirmation e-mail and invoice will be sent to you. We do not
make any representation or warranty as to the availability of any package
holiday, flight or Individual Components after you have submitted your
booking request nor that our booking services are free from infection of
viruses or anything else that has a contaminating or destructive effect on
Bookings made by telephone: If you make a booking by telephone you must provide us with all the
information which we require. You must also ensure that all information
which you provide is accurate and that passenger information is provided as
it appears on the passport. You must also ensure that the credit or debit
card you are using is your own or, subject to our acceptance, if it is a
third party's you have their express authorisation to use their credit or
debit card and that sufficient funds are available to cover the cost of the
arrangements which you book with us. Please note that a telephone booking
confirmation is as firmly confirmed as if it were made/confirmed in writing
immediately. We do not make any representation or warranty as to the
availability of any package holiday, flight or Individual Components until
you make the payment and the same is confirmed. If we accept your booking
we will process it (subject to availability) and debit payment from you.
From this point cancellation charges will apply. We will send you a
confirmation and/or eticket and invoice. As soon as you receive the
confirmation and/or eticket and invoice, please check the details carefully
and inform us immediately if anything appears to be incorrect as it may not
be possible to make changes later. Any changes to the booking after it has
been made will attract additional cost payable by you including charges of
the suppliers as well as administration fee as applicable.
You must pay the balance by the due date shown on the confirmation invoice.
Please note for some telephone bookings full payment may be required
IMMEDIATELY i.e. before you receive the confirmation invoice. If this
applies you will be advised when the booking is made. It is very important
that you pay balances when due because failure to do so may lead to the
cancellation of your holiday/flights and still leave you liable to pay
cancellation charges. Where an extra "booking charge" applies this will
have been advised at the time of booking. All cheque payments require 7
days to clear. Until full payment has been received the price of your
booking may increase as a result of fuel or other surcharges which may be
imposed by suppliers. Please note we do not accept responsibility for cash
sent by courier or post, even if sent by registered or recorded delivery
post or any other special delivery.
3. Data Protection Policy
In order to process your booking and to ensure that your travel
arrangements run smoothly and meet your requirements, we need to use the
4.Passports, Visa and Health Requirements
You are responsible for checking all passport, visa and health requirements and ensuring your travel documents are in order.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check the up-to-date position in good time before booking/departure.
We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country. You must have a passport which is valid for six months after your intended date of return. You must ensure you have correct visa and health entry requirements for all countries visited including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office. Special conditions apply for travel to the USA - all passengers must have individual machine readable passports; travellers to the USA must apply for ESTA no later than 72 hours before departing for the United States. Arriving at the airport without a previously approved ESTA will likely result in being denied boarding. For more USA travel updates please check www.uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure. For South Africa, parents travelling with children (under 18) will be asked to show the child's full unabridged birth certificate.
Essential Travel Advice issued by Foreign and Commonwealth Office: The Foreign & Commonwealth Office (FCO) is the best and most up to date source of travel advice. It issues essential travel advice for worldwide destinations, which includes information on entry requirements including passports and visas, as well as health, safety and security, local laws and more. Make sure you have a look at www.gov.uk/foreign-travel-advice to check the latest travel advice for the destination you are visiting. The travel advice can change and you should continue to check it until you commence your travel.
Recommended inoculations for travel may change at any time and you should
consult your doctor on current recommendations before you depart. As per
Foreign and Commonwealth Office (FCO) you should visit your health
professional at least 4 to 6 weeks before your trip to check whether you
need any vaccinations or other preventive measures. Country specific
information and advice is published by the National Travel Health Network
and Centre on the TravelHealthPro website and by NHS (Scotland) on the fitfortravel website. Useful information and advice about healthcare abroad is also available on
the NHS Choices website. It is your responsibility to ensure that you obtain the recommended
inoculations, take all recommended medication and follow all medical advice
in relation to your trip. ABTA advises that you seek advice on recommended
vaccinations and precautions from a health professional - either a GP, a
practice nurse, a pharmacist or a travel health clinic - ideally at least
eight weeks before departure.
We do not accept any responsibility if you cannot travel, or incur any
other loss because you have not complied with any passport, visa,
immigration requirements or health formalities. You agree to reimburse us
in relation to any fines or other losses which we incur as a result of your
failure to comply with any passport, visa, immigration requirements or
6. Special Requests and Medical Problems
If you have any special requests, please advise us at time of booking.
Although we will endeavour to pass any such requests on to the relevant
supplier, we regret we cannot guarantee any request will be met. Failure to
meet any special request will not be a breach of contract on our part. If
you have any medical problem or disability which may affect your
arrangements, you must advise us in writing before of booking giving full
details. Regrettably, many overseas destinations do not have even basic
facilities required by disabled travellers. If we feel unable to properly
accommodate your particular needs, we must reserve the right to
decline/cancel your booking, and charge any applicable cancellation
You accept responsibility to ensure that you & the members of your
party do not behave in a way which causes offence to others or risks any
loss or damage to property belonging to others. Payments for any such
damage or loss must be made at the time direct to the accommodation owner
or manager or other supplier. You indemnify us against any claims
(including legal costs) subsequently made against us as a result of your
actions. We expect all clients to have consideration for other people. If
in our reasonable opinion or in the opinion of any other persons in
authority you are behaving in such a way to cause or to be likely to cause
distress, danger or annoyance to any third party or damage to property, we
reserve the right to terminate your arrangements without notice. In this
situation your total booking with us, including your return transportation
arrangements, will immediately cease and we will not be responsible for
paying any costs, expenses, refunds or compensation.
8. Compliance with laws
It is also your responsibility to comply with the laws, customs, foreign
exchange and the drug regulations of the countries visited. We and/or our
representatives reserve the right to cancel your holiday at any time if in
our reasonable opinion you are found to be behaving in a socially
unacceptable manner or indulging in illegal activities, without any
liability to you for any refund and legal claim.
Adequate travel insurance is a condition of your contract with either us or
the Supplier/Principal in question, as applicable. You may take the holiday
insurance offered by us or arrange it independently. The insurance cover
must include cancellation charges, unexpected curtailment of your holiday,
medical and repatriation expenses including air ambulance, personal
accident, delay loss or damage to your personal effects..
If you choose to travel without adequate insurance cover, we will not be
liable for any losses howsoever arising, in respect of which insurance
cover would otherwise have been available.
10. Telephone Calls
We reserve the right to randomly record telephone calls to ensure that our
customer service is constantly reviewed.
11. Claims and Complaints
Where we are acting as agent, the contract for your arrangements is between
you and the Supplier/Principal and any queries or concerns should be
addressed to them. 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/Principal. You will see the name and address plus contact details
in any confirmation documents we send you. We will of course assist you
with this if you wish - please contact Customer Services. 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
Where you have booked a package holiday with us, please inform the relevant
supplier (e.g. your hotelier) immediately and contacting us on the numbers
listed on our website. If your complaint is not resolved locally, please
follow this up within 28 days of your return home by writing to our
Customer Services Department giving your booking reference and all other
relevant information. It is strongly recommended that you communicate any
complaint to the supplier of the services in question without delay and
complete a report form whilst in resort. If you fail to follow this simple
procedure 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.
We are a Member of ABTA, membership number 80626. We are obliged to
maintain a high standard of service to you by ABTA's Code of Conduct. We
can also offer you ABTA's scheme for the resolution of disputes which is
approved by the Chartered Trading Standards Institute. If we can't resolve
your complaint, go to www.abta.com to use
ABTA's simple procedure. Further information on the Code and ABTA's
assistance in resolving disputes can be found on www.abta.com
For online bookings, you can also access the European Commission Online
Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/ . This ODR platform is a means of registering your complaint with us; it
will not determine how your complaint should be resolved.
13. Construction Work
Due to new developments in Dubai there is a large amount of construction
work taking place which may be in the vicinity of or visible from your
hotel. In other resorts, building or refurbishment work may take place, as
areas continue to develop. This may result in certain services or
facilities being unavailable. There may always be minor refurbishment and
maintenance being carried out at properties and most of these won't affect
your holiday adversely. We regret that we have no control over the building
works at the destination that you book and cannot accept liability if the
enjoyment of your holiday is adversely affected.
14. Conditions of Suppliers
Many of the services which make up your holiday 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 or
the applicable supplier. 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 ourselves or the
These Booking Conditions and any agreement to which they apply are governed
in all respects by English law. We both agree that any dispute, claim or
other matter which arises between us out of or in connection with your
contract or booking will be dealt with by the Courts of England and Wales
only. You may however, choose the law and jurisdiction of Scotland or
Northern Ireland if you live in those places and if you wish to do so.
16. Flights and Flight Travel Documents
Please note that a flight described in your flight ticket as "direct" will
not necessarily be non-stop. All departure/arrival times on your flight
ticket are provided by the airlines concerned and are estimates only. They
may change due to air traffic control restrictions, weather conditions,
operational/maintenance requirements and the requirement for passengers to
check in on time.
We are unable to make any special arrangements for you if you are delayed;
these matters are at the sole discretion of the airline concerned.
In relation to flights, an infant must be under 2 years of age on the date
of their return flight to be entitled to the infant fare level which is
usually 10% of IATA's published fare.
Please note that where a sector of a flight itinerary is not utilised
without contacting the carrier directly any remaining sectors may be
subject to cancellation without further notification. Where this situation
arises we are unable to accept responsibility for any costs incurred.
In accordance with EU regulations we are required to bring to your
attention the existence of a 'Community list', which contains details of
air carriers that are subject to an operating ban within the EU Community.
The Community list is available for inspection at www.ec.europa.eu/transport/modes/air/safety/air-ban_en .
We reserve the right to change the airline in the event that the airline is
blacklisted under the EU regulations. Any changes to the actual airline
after you have received your tickets will be notified to you as soon as
possible and in all cases at check-in or at the boarding gate.
17. Reconfirming all Flights
You must telephone us or the airline at least 72 hours before the departure
time shown on your ticket to confirm that there have been no changes. This
applies to both outbound and return flights. We will not be liable for any
additional costs due to your failure to reconfirm flights. Reconfirming
your flight at least 72 hours before departure is a minimum requirement.
18. Travel Documents Checking and Despatch
Travel documents will be sent by email. It is your responsibility to check
that all travel documents issued are correct. Any inaccuracies must be
notified to us immediately. If you do not contact us immediately we cannot
accept any liability and any changes may incur additional cost as
applicable. The address for sending all documentation will be that given at
the time of booking unless requested otherwise. Travel documents will not
be sent until we receive the full payment in the cleared funds. Documents
will normally be sent 7 days before departure. Sending travel documents by
post or fax is subject to company's discretion and will involve additional
cost. In the event of travel document lost or delayed in delivery, it will
be your responsibility to pay additional expenses incurred by us to arrange
and send duplicate travel documents. Late Bookings May also require
Special/Courier delivery of documents in which case we will tell you the
charges at the time of booking.
19. Special Price Guarantee
For all scheduled flights, if you find within 24 hours from booking with us
a lower price on offer and available to book immediately, we will match the
price subject to the following conditions.
i) Price match can be done only within 24 hours of booking confirmation with
us. ii) Price match applies only to bookings made for
scheduled flights. iii) The lower price to be matched must
be quoted by a UK based travel agent (online or offline). iv) Price match applies only for exact/like-for-like
itinerary matches for flights i.e. the airline, flight numbers, departure
and arrival times, airports, as well as routing must precisely match the
flight itinerary booked with us. v) Price match is
possible only against full upfront payment of the total price of the
flight. i.e. if you have booked your flight with us by paying an initial
deposit, you will need to pay the total price upfront if you want us to
match the lower price. vi) The price to be matched must be
in Pound Sterling (GBP); it must be advertised for and available to general
public in the United Kingdom to reserve immediately. We cannot match the
price which includes any discount coupon, corporate discounts, promotional
codes or vouchers, or bulk buy discounts etc. vii) You
must provide us with an evidence of the lower price - a written
confirmation from the competitor on letter headed paper or screenshot of
their web page. These must include the air fare price as well as detailed
itinerary including travel dates and times, airline name, flight number and
number of passengers. viii) All price match requests,
including proofs, are subject to verification by us. Screenshots or other
purported evidence of a lower price that cannot be independently verified
will not be accepted. We will not accept any request for price match where
we believe, in our sole discretion that the lower price offer is a result
of any error (printing etc) or is made fraudulently. ix) If you require the ticket within 24 hours special price guarantee does not
apply. Fares are subject to change without prior notice. x) The special price guarantee can be withdrawn/altered at
anytime without notice; it cannot be combined with any other
Some airlines offer only electronic confirmation of your reservation, or
'e-ticketing', on certain routes. If you are travelling on an e-ticket
route we can at your request provide you with a paper ticket where
permitted. Where you make a request for a paper ticket, an administration
fee of £10 per ticket will be levied in addition to any applicable airline
21. Airline Ticket Refunds
Air tickets returned to us for a refund are subject to an administration
charge of £60 per ticket, irrespective of the number of tickets returned
and you will be required to pay a per ticket cancellation charge imposed by
the airline or the consolidator pursuant to their terms and conditions.
There is no automatic right to a refund and, when you return an air ticket
to us, we will arrange for it to be presented to the respective airline or
consolidator to assess eligibility for a possible refund in accordance with
the relevant airline's or consolidator's terms and conditions. We recommend
that you return such air tickets to us by special delivery post as we do
not accept responsibility for documents mislaid or lost by the Royal Mail.
If a recoverable air ticket refund is less than the above administration
charge, the ticket will be deemed to be fully non-refundable. An
administration fee of £60 per ticket will be levied on any non-refundable
ticket where a tax refund application is made by us at your request and on
your behalf. If the recoverable tax components for your ticket are less
than the administration charge the ticket will be deemed to be fully
non-refundable. Refunds will not be paid to you until they have been
received by us from the relevant airline or consolidator. In the case of
airline ticket refunds this is normally 4 to 5 weeks from the point the
tickets are submitted for consideration to the airline.
22. Flight Changes
Should your flight be cancelled your rights and remedies will be governed
by the airline's conditions of carriage. As a result you may be entitled
to: (a) Carriage on another flight with the same airline without additional
costs; (b) Re-routing to your destination with another carrier without
additional costs; (c) Receiving a full refund; or (d) Some other right or
If a schedule change occurs to your itinerary prior to our receipt from you
of the full price, or prior to the issue of your tickets (on either the
outbound or return flight) we will do our best to notify you on behalf of
Should a schedule change occur to your itinerary after full balance/ticket
issue, on either the outbound or return flights the relevant supplier's
decision will be final and amendment charges may apply.
23. Departure Taxes
It is not always possible to include all departure taxes on your ticket(s).
In some cases departure taxes must be paid by you locally to the Government
of the country you are departing from and are non-refundable by us.
SECTION B: BOOKING CONDITIONS FOR PACKAGE HOLIDAYS
This section only applies to Package Holidays organised by Away
Holidays. This section B will apply to your booking in addition to Section A.
24. Definition of a Package
Where your booking is for a Package, 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 Arrangements Regulations 2018 (“PTRs”), as
outlined in Section B of these Booking Conditions.
A “Package” exists if you book a combination of at least two different
types of the following individual travel services, for the purpose of the
same trip or holiday:
(a) transport; or
(b) accommodation; or
(c) rental of cars, motor vehicles or motorcycles (in certain
(d) any other tourist service not intrinsically part of one of the above
provided that those travel services are purchased together from a single visit to our
website and 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 where you have made a booking which consists of not more
than one type of travel service as 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
- are selected and purchased after the performance of the transport,
accommodation or car rental has started.
These bookings will be treated as “Single Component” bookings with Away
holidays acting as agent for the Supplier/Principal and will not be
afforded the benefit of the rights under the PTRs.
Where you have booked a Package, we will accept responsibility for it in
accordance with these Booking Conditions as an “organiser” in accordance
with the Package Travel and Linked Travel Arrangements Regulations 2018.
25. Acceptance of Booking
We reserve the right to increase or decrease brochure prices and to change
any information in our brochures or on our website before a booking is
made. You will be told the correct up to date price before you book.
Once you choose a holiday & agree the price, please complete the
booking form and send it to us together with a non-refundable deposit of
£150.00 per person and the insurance premium (if required), or full payment
if booking within 8 weeks of departure. In certain cases a higher deposit
is payable e.g. booking the train Palace on Wheels or Royal Orient. Also
some hotels, wildlife & beach resorts, especially during peak season at
the Christmas/New year period, require a higher deposit or full payment
(non refundable) to confirm the booking. We will advise you at the time of
booking. On acceptance of the deposit and the satisfactorily completed
booking form, we will issue a confirmation invoice and at this stage
contract between you and us comes into existence. If your confirmed
arrangements include a flight, we (or if you booked via an authorised agent
of ours, that agent) will also issue you with an ATOL Certificate. Upon
receipt, if you believe that any details on the ATOL Certificate or
confirmation invoice 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 within ten days of
our sending it out (five days for tickets).
Payment of the balance due must be made 8 weeks prior to departure. If the
balance is not received by the due date, we reserve the right to cancel the
booking and retain the deposit.
Any money paid to an authorised agent of ours in respect of a booking
covered by our ATOL is held by that agent on behalf of and for the benefit
of the Trustees of the Air Travel Trust at all times, but subject to the
agent’s obligation to pay it to us for so long as we do not fail
financially. If we do fail financially, any money held at that time by the
agent or subsequently accepted from the consumer by the agent, is and
continues to be held by that agent on behalf of and for the benefit of the
Trustees of the Air Travel Trust without any obligation to pay that money
26. Insolvency Protection for your Package
We provide financial security for ATOL protected flights and
flight-inclusive packages organised us by way of our Air Travel Organiser’s
Licence (ATOL) with the Civil Aviation Authority (CAA) of CAA House, 45-59
Kingsway, London WC2B 6TE under ATOL number 5553. When you buy an ATOL
protected flight or flight-inclusive package from us you will receive an
ATOL Certificate. This lists what is financially protected, where you can
get information on what this means for you and who to contact if things go
wrong. For further information, visit the ATOL website at www.atol.org.uk. The price
of our flight inclusive arrangements includes the amount of £2.50 per
person as part of the ATOL Protection Contribution (APC) we pay to the CAA.
This charge is included in our advertised prices. 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
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.
We provide financial security for package holidays not including flights by
way of a bond held with ABTA Ltd (No. 80626), The Travel Association 30
Park Street London SE1 9EQ www.abta.co.uk.
If you book arrangements other than a package holiday from us, your monies
may not be financially protected. Please ask us for further details.
27. Your Holiday Price
The price of your package holiday has been calculated using exchange rates
quoted in www.xe.com as on date in
relation to the following currencies:
We reserve the right to increase the price of confirmed holidays solely
to allow for increases which are a direct consequence of changes in:
(i) the price of the carriage of passengers resulting from the cost of fuel
or other power sources;
(ii) the level of taxes or fees applicable to the holiday imposed by third
parties not directly involved in the performance of the holiday, including
tourist taxes, landing taxes or embarkation or disembarkation fees at ports
and airports; and
(iii) the exchange rates relevant to the package.
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.
You will be charged for the amount of any increase in accordance with this
clause. However, if this means that you have to pay an increase of more
than 8% of the price of your confirmed package holiday (excluding any
insurance premiums, amendment charges and/or additional services or travel
arrangements), you will have the option of accepting a change to another
package holiday 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 lower quality
you will be refunded the difference in price), or cancelling and receiving
a full refund of all monies paid to us, except for any insurance premiums
and any amendment charges and/or additional services or travel
arrangements. 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. We will consider an appropriate refund of insurance
premiums paid if you can show that you are unable to transfer or reuse your
Should the price of your package holiday go down due to the changes
mentioned above, then any refund due will be paid to you less an
administrative fee of £60. However, please note that travel arrangements
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.
There will be no change made to the price of your confirmed package holiday
within 20 days of your departure nor will refunds be paid during this
28. Alterations by You& Transfer of Booking
If you wish to alter your arrangements after your booking has been made, we
will do our best to arrange this and, if possible, make these changes. Any
request for changes must be made in writing by the person who made the
booking. We will charge an amendment fee of £100.00 per person, and any
other cost we incur in making the alteration. Scheduled airlines normally
treat name changes as a cancellation and rebooking and this may incur a
100% cancellation charge in respect of the airfare.
If after the commencement of a tour you request any amendments to the
agreed arrangements, or accommodation, we and/or our suppliers will do our
best to implement such amendments, but cannot guarantee that it will be
possible. In the event of any amendment you will be liable for any
cancellation charges and / or additional costs that may be incurred by us
and/or our suppliers.
Transfer of Booking: If any member of your party is prevented from travelling, that person(s)
may transfer their place to someone else, subject to the following
a. that person is introduced by you and satisfies all the conditions
applicable to the arrangements;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an amendment fee of £100 per
person transferring, as well as any additional fees, charges or other costs
arising from the transfer; and
d. the transferee agrees to these Booking Conditions and all other terms of
the contract between us.
You and the transferee remain jointly and severally liable for payment of
all sums. If you are unable to find a replacement, cancellation charges as
set out in clause 29 will apply in order to cover our estimated costs.
Otherwise, no refunds will be given for passengers not travelling or for
Important Note: Certain arrangements may not be amended or transferred
after they have been confirmed and any alteration could incur a
cancellation charge of up to 100% of that part of the arrangements.
29. Cancellation By You
If you or anyone on your holiday booking decides to cancel the holiday you
must notify us of the decision as soon as possible. Any notification by
telephone must also be confirmed in writing or by e-mail (sent to email@example.com)
within 24 hours by the person who made the original booking (from the email
ID registered with us at the time of booking). 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 on which we receive it.
A cancellation invoice will be sent to you within 7 days. If you do not
receive this please contact us immediately in order to prevent an increase
in charges. Should you already be in receipt of your airline tickets please
return these to us with your cancellation request. Since we incur costs in
cancelling your arrangements, you will have to pay the cancellation charges
- Period before departure in which you notify us
- Cancellation Charge
- 57 days or more
- Loss of deposit
- 56 – 29 days
- 50% of total holiday cost
- 28 – 15 days
- 65% of total holiday cost
- 14 – 4 days
- 80% of total holiday cost
- Less than 4 days
- 100% of total holiday cost
Please note that insurance premiums and amendments charges are not
refundable in any circumstances.
Certain travel arrangements cannot be changed or cancelled after they
have been confirmed without incurring a 100% cancellation charge. If
this is the case, we will tell you before you cancel.
We strongly recommend that you take out full insurance which will, in most
cases, include cover against loss of deposit or cancellation fees.
We will deduct the cancellation charge(s) from any monies you have already
paid to us.
Note: If, some, but not all-party members, cancel the holiday or part of it,
additional charges may be payable by the remaining members.
Cancellation by You due to Unavoidable & Extraordinary
Circumstances: You have the right to cancel your confirmed Package before departure
without paying a cancellation charge in the event of “unavoidable and
extraordinary circumstances” occurring at your holiday destination or its
immediate vicinity and significantly affecting the performance of the
holiday 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 and Commonwealth 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.
30. CHANGES &CANCELLATION BY US
As we can plan your holiday arrangements many months in advance we may
occasionally have to make changes or cancel your booking and we reserve the
right to do so at any time.
Changes: If we make an insignificant change to your holiday, we will make reasonable
efforts to inform you or your travel agent as soon as reasonably possible
if there is time before your departure but we will have no liability to
you. Examples of insignificant changes include 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, changes
of carriers. Please note that carriers such as airlines used in the
brochure may be subject to change.
Occasionally we may have to make a significant change to your confirmed
arrangements. Examples of “significant changes” include the following, when
made before departure:
- A change of accommodation area for the whole or a significant part of
your time away.
- A change of accommodation to that of a lower standard or classification
for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements
by more than 12 hours.
- A change of UK departure airport except between:
o The London airports: Gatwick, Heathrow, Luton, Stansted, London City and
o The South Coast airports: Southampton, Bournemouth and Exeter
o The South Western airports: Cardiff and Bristol
o The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
o The Northern airports: Liverpool, Manchester and Leeds Bradford
o The North Eastern airports: Newcastle and Teesside
o The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
- A significant change to your itinerary, missing out one or more
Cancellation: We will not cancel your travel arrangements less than 60 days before your
departure date, except for reasons of force majeure or failure by
you to pay the final balance. We may cancel your holiday before this date
if, e.g., the minimum number of clients required for a particular travel
arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon
as possible and if there is time to do so before departure, we will offer
you the choice of:
i (for significant changes) accepting the changed arrangements; or
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of a comparable
or higher standard from us, if available (at no extra cost); or
iv if available, accepting an offer of alternative arrangements of a lower
standard, with a refund of the price difference between the original
arrangements and the alternative arrangements.
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
Insurance If we cancel or make a significant change and you accept a refund, we will
provide a full refund of your travel insurance premiums if you paid them to
us and can show that you are unable to transfer or reuse your policy.
In addition to a full refund of all monies paid by you, we will pay you
compensation as detailed below, in the following circumstances:
- If, where we make a significant change, you do not accept the changed
arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available.
The compensation that we offer does not exclude you from claiming more if
you are entitled to do so.
- Period before departure in which we notify you of a significant change
- Compensation per person (excluding infants)
- More than eight weeks
- Between eight and two weeks
*IMPORTANT NOTE: We will not pay you compensation in the following
- where we make an insignificant change;
- where we make a significant change or cancel your arrangements more than
60 days before departure;
- where we make a significant change and you accept those changed
arrangements or you accept an offer of alternative travel arrangements;
- where we have to cancel your arrangements as a result of your failure to
make full payment on time;
- where the change or cancellation by us arises out of alterations to the
confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Force
Majeure (see clause 32).
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.
31. Our Responsibility for your Package Holiday
(1) We will accept responsibility for the arrangements we agree to provide or
arrange for you as an "organiser" under the Package Travel and Linked
Travel Arrangements Regulations 2018as set out belowand as such, we are
responsible for the proper provision of all travel services included in
your package, as set out in your confirmation invoice. Subject to these
Booking Conditions, if we or our suppliers negligently perform or arrange
those services and we don’t remedy or resolve your complaint within a
reasonable period of time, and this has affected the enjoyment of your
package holiday you may be entitled to an appropriate price reduction or
compensation or both. You must inform us without undue delay of any failure to perform or
improper performance of the travel services included in the
package. The level of any 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 suppliers' negligence
affected the overall enjoyment of your holiday. Please note that it is your
responsibility to show that we or our supplier(s) have been negligent if
you wish to make a claim against us.
(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
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the
provision of the services contracted for and which were unforeseeable or
(c) Force Majeure (as defined in clause 32).
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
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 requiredto 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
(c) Claims in respect of international travel by air, sea and rail, or
any stay in a hotel:
i) 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 (international travel by air); The Athens
Convention (with respect to sea travel); The Berne/Cotif Convention (with
respect to rail travel) and The Paris Convention (with respect to hotel
arrangements). You can ask for copies of these Conventions from our
offices. Please contact us. In addition, you agree that the operating
carrier or transport company's own 'Conditions of Carriage' will apply to
you on that journey. When arranging transportation for you, we rely on the
terms and conditions contained within these international conventions and
those 'Conditions of Carriage'. You acknowledge that all of the terms and
conditions contained in those 'Conditions of Carriage' form part of your
contract with us, as well as with the transport company and that those
'Conditions of Carriage' shall be deemed to be included by reference into
ii) In any circumstances in which a carrier is liable to you by virtue of
the Denied Boarding Regulation 2004, 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 Regulation as if (for this purpose only) we
were a carrier.
iii) When making any payment, we are entitled to deduct any money which you
have received or are entitled to receive from the transport provider or
hotelier 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 ourselves and our supplier(s) strictly in accordance
with the complaints procedure set out in these Booking 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.
(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.
(8) Where it is impossible for you to return to your departure point as per
the agreed return date of your package, due to “unavoidable and
extraordinary circumstances”, we shall provide you with any necessary
accommodation (where possible, of a comparable standard) for a period not
exceeding three nights per person. Please note that the 3 night cap does
not apply to persons with reduced mobility, pregnant women or unaccompanied
minors, nor to persons needing specific medical assistance, provided we
have been notified of these particular 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
32. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will
not be liable or pay you compensation if our contractual obligations to you
are affected by “Force Majeure”. For the purposes of these Booking
Conditions, Force Majeure 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, 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 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 arrangements 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 and changes to the visa requirements
of British citizens travelling to, within or through the EU. 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 Force Majeure, and whilst we will endeavour to provide suitable
alternative arrangements or refunds where possible, we will not be liable
to pay you any compensation.
33. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport
arrangement, it is cancelled or you are subject to a delay of over 3 hours
for any reason, you must contact us and the airline or other transport
supplier concerned immediately.
Under EU Law, you have rights in some circumstances to refunds and/or
compensation from the airline in cases of denied boarding, cancellation or
delay to flights. Full details of these rights will be publicised at EU
airports and will also be available from airlines. If the airline does not
comply with these rules you should complain to the Civil Aviation Authority
Reimbursement in such cases is the responsibility of the airline and will
not automatically entitle you to a refund of your holiday price from us.
If, for any reason, you do not claim against the airline and make a claim
for compensation from us, you must, at the time of payment of any
compensation to you, make a complete assignment to us of the rights you
have against the airline in relation to the claim that gives rise to that
compensation payment. A delay or cancellation to your flight does not
automatically entitle you to cancel any other arrangements even where those
arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons
set out in the Force Majeure clause of these Booking Conditions (which
includes the behaviour ofany passenger(s) on any flight who, for example,
fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure
or on our website and detailed on your confirmation invoice are for
guidance only and are subject to alteration and confirmation. We shall
inform you of the identity of the actual carrier(s) as soon as we become
aware of it. The latest flight timings will be shown on your tickets which
will be despatched to you approximately two weeks before departure. You
should check your tickets very carefully immediately on receipt to ensure
you have the correct flight times. If flight times change after tickets
have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection
at https://ec.europa.eu/transport/modes/air/safety/air-ban_en ) detailing air carriers that are subject to an operating ban with the EU
34. Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any
reason, we will offer you 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 assistance with distance communications and finding alternative travel
arrangements. 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.
Excursions or other tours that you may choose to book or pay for whilst you
are on holiday are not part of your contracted arrangements with us. For
any excursion or other tour that you book, your contract will be with the
operator of the excursion or tour and not with us. We are not responsible
for the provision of the excursion or tour or for anything that happens
during the course of its provision by the operator.
SECTION C: AGENCY BOOKINGS
Where you have booked a “Single Component” accommodation or transport
booking where Away Holidays is acting as an agent on behalf of the
Supplier/Principal, this Section Cwill apply to your booking in
addition to Section A above.
36. Your contract
When making your booking we will arrange for you to enter into a contract
with the supplier of the travel arrangements in question (i.e. hotel/tour
operator/airline or other supplier), (“Supplier/Principal”). As an agent we
accept no responsibility for the acts or omissions of the
Supplier/Principal or for the travel arrangements provided by the
Supplier/Principal. The Supplier/Principal’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.
A contract between you and the Supplier/Principal will come into force when
we issue a confirmation invoice on behalf of the Supplier/Principal. Until
your booking has been confirmed by the individual Supplier/Principal, no
contract has been formed between you and the Supplier/Principal.
You will be required to pay a deposit or full payment at the time of
booking. 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/Principal who may cancel your
booking and charge the cancellation fees set out in their booking
Except where otherwise advised or stated in the booking conditions of the
Supplier/Principal concerned, all monies you pay to us for arrangements
will be held by us on behalf of the Supplier/Principal concerned until such
time as we make payment to the Supplier/Principal in accordance with our
agreement with the Supplier/Principal.
38. Changes & Cancellation By You
Any cancellation or amendment request must be sent to us in writing, by
email (sent to firstname.lastname@example.org
from the email ID registered with us at the time of booking), and will takeeffect
at the time we receive it. Please ensure that you have received
written confirmation of any changes to your booking prior to travel. Whilst
we will try to assist, we cannot guarantee that such requests will be met.
Amendments and cancellations can only be accepted in accordance with the
booking conditions of the Supplier/Principal of your Arrangements. The
Supplier/Principal may charge the cancellation or amendment charges shown
in their booking conditions (which may be as much as 100% of the cost of
the Arrangements and will normally increase closer to the date of
departure). In addition you must pay us an administration fee of £60 per
person per booking.
Air Ticket Refund: Many airline tickets are paid for in full at the time of
booking and in case of cancellation, unless otherwise stated, they are non
refundable, non changeable and non re-routable. In respect of any
alteration to an APEX ticket or certain other special fare tickets, some
suppliers (particularly airlines) may treat a name change as a cancellation
and as such will not refund any monies. Where an outbound portion of your
flight coupon is not used the return sector will be automatically cancelled
by the airline and no automatic right to a refund exists for such part-used
tickets. All other partly used tickets are normally non-refundable and
cancellations made within 24 hours of departure are non-refundable.
Please note: some Supplier/Principals do not allow changes and
therefore full cancellation charges will apply.
39. Changes or Cancellations by the Supplier/Principal
We will inform you of any changes or cancellations as soon as reasonably
possible. If the Supplier/Principal 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/Principal is entitled to
assume you wish to receive a full refund. We accept no liability for any
changes or cancellations made to your arrangements by the
Supplier/Principal under your contract with them.
40. Our responsibility for your booking
Your contract is with the Supplier/Principal and its terms andconditions
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.