Booking conditions
Cancellation of Flight only or Eurostar tickets Flight Only or Eurostar Only Cancellation charge 100% of the cost you have paid us when you give notice to cancel. •Cancellation of Extra Services If you cancel any ‘Extras’ such as lift passes, tuition, equipment rental or excursions we will pass on any costs imposed by the provider of the service, in addition, we will charge up to £35 to cover our costs of administering the change. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have begun.
C9. Suppliers’ Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers’ Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers’ Conditions and our conditions, the Suppliers’ Conditions will prevail, save to the extent that any term in the Suppliers’ Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers’ Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. Where relevant, copies of such conditions may be available for inspection at the office or on the website of the relevant supplier.
C10. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you. In making alternative return flight arrangements for you we will take the approach of ‘like for like’. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
C11. Flight and Other Travel Timings Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations. At the Airport – Check-in If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility. If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use your return flight to the UK. No refund can be made for any unused arrangements. Important notice: you must check-in at least 1 hour prior to departure, failure to do so could result in you being denied travel. Remember no calls will be made for your flight so please make sure that you are at the departure gate no later than 45 minutes before your departure time. Passengers that are refused travel will be responsible for arranging alternative transportation at their own expense.
C12. Denied Boarding
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier 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 carrier in relation to the claim that gives rise to that compensation payment.
C13. Complaints
If you are not satisfied with any aspect of your travel arrangements please complain as soon as possible to the relevant person (for example, your holiday representative, if applicable, the hotel management or Customer Relations Desk). If they cannot help you must contact us on the telephone number supplied to you on your invoice/receipt and we will do everything reasonably possible to sort the problem out. If you are still not satisfied please write to the relevant address below within 28 days of returning home. If you have special needs, which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. The address to send complaints to is: Customer Services, Locksview, Brighton Marina, Brighton, BN2 5HA To speak to us personally please call 0845 070 3464 Alternatively you can email us using the relevant address below:
customerservices@neilson.com We would point out that failure to follow the above procedures and/or failure to complain within 28 days of your return, may reduce or extinguish any rights you have to claim compensation from us, or from any relevant supplier. Any such rights will be reduced or extinguished if, had you followed the above procedures, you or we could have taken steps to reduce any loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible properly to investigate a complaint if we are not told about it reasonably quickly once your trip is over. Your right to claim compensation may also be reduced or extinguished, should any delay in your complaint being notified during or after your trip, prevent us from carrying out a proper investigation. We aim to resolve all complaints ourselves, but if this is not possible, your complaint can be considered under a dispute resolution scheme devised by ABTA and administered by CEDR Solve. We will give you details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or more than £5,000 per person, or to claims mainly about illness or injury. To take advantage of the scheme you must contact the CEDR Solve within 18 months of returning from your trip.
C14. Travel Advice
For up to date UK Government health & travel advice (including passport, visa and health requirements) please contact the Foreign & Commonwealth Office Travel Advice Unit. The FCO may have issued information about your holiday destination. You are advised to check this information on the FCO website: visit
www.fco.gov.uk. Alternatively call 0845 8502829. See our website for further information.
C15. Advanced Passenger Information To comply with UK and International regulation on Border Control and Aviation Security, you must provide information to us from your passport and travel documents before you travel so that we can pass this onto the airline. This must be submitted online at
www.flythomascook.com/manage-my-booking whether you are flying with Thomas Cook Airlines or any other airline. In some cases our agreements with airlines require us to pass on to them your advance passenger information a number of days/weeks before the airlines require this from passengers who book with the airline directly. Therefore, failure to provide advanced passenger information by the deadlines stated on our travel documents, may result in boarding being denied or, where permitted, a charge being applied to submit the information at the airport. Please check your travel documents carefully for details.
C16. General Information Joint Services: Please note that two airlines may share the same services; therefore a flight may not be operated by the airline whose designated code is shown on your itinerary and ticket. Taxes: We will advise you of all mandatory taxes, which you must pay before departure. However, many countries charge departure taxes that can only be paid locally. It is therefore recommended that you retain sufficient local currency to meet such charges. Details of departure taxes can be obtained from the relevant airline when you reconfirm your flight details.
C17. Special requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
C18. Disabled Travellers and Passengers with Reduced Mobility We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact us. If you have a medical / mobility problem / condition or disability which may affect your holiday, please tell us before you confirm your booking. We and our suppliers may require a doctor’s certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking. Overseas accommodation and services The majority of overseas accommodation, overseas transport (including transfers) and other holiday services provided overseas are not equipped to cater for the needs of many disabled holidaymakers. If you have any disability, you must make appropriate enquiries about the suitability of particular accommodation, resorts, transport
and services, and that you are fully satisfied you have made the correct choice before you book and confirm your holiday. Please note: if special arrangements need to be made for you an extra charge may have to be levied. Flights
If you or a member of your party are a wheelchair user or have reduced mobility we strongly advise that you contact us directly or your travel agent before making your reservation. This will enable your travel agent to confirm with us or the airline and airport the availability of any assistance requirements prior to booking, as any changes made after booking will be subject to our standard change fees.
C19. Excursions Excursions include, but are not restricted to, any sightseeing trips, events or other tours for which additional payment is required. Excursions can either be booked and/or paid for in resort or pre-booked and paid for when you book your Package with us ("Pre-booked Excursions"). All excursions are supplied by third party suppliers and are subject to the section entitled "Suppliers' Conditions" above. We accept, subject to the Sections entitled "Suppliers' Conditions" and "Our Liability to You" above, responsibility for Pre-booked Excursions. However, Overseas Booked Excursions do not form part of your Package and are not governed by the Package Travel, Package Holiday and Package Tours Regulations 1992. We do not have any responsibility or liability whatsoever for anything which may go wrong on an Overseas Booked Excursion. We, our servants, employees or agents are acting, depending upon the actual Overseas Booked Excursion, either as agents for the relevant Overseas Booked Excursion supplier or as agent for you. In any event the contract for any Overseas Booked Excursion is between you and the Overseas Booked Excursion provider. It is your responsibility to note carefully any conditions of contract contained in any Overseas Booked Excursion, literature, ticket or receipt you are given. For Overseas Booked Excursions you may be subject to the laws of the country in which you take your excursion and may be required to bring any disputes or claims before the Courts of that country also.
C20. Information and Prices We publish brochure and website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system or website so you will receive the latest information when you make your booking Descriptions of accommodation, facilities, services and itineraries we provide are based on information obtained from our suppliers. Sometimes the facilities described, such as air conditioning, swimming pools or equipment for activities (for example, a particular dinghy, bike, windsurfer or a water ski boats), will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities, for example, tobogganing, snowmobiling and dog-sledding, parasailing, scuba diving, watersports or golf, where not directly provided by us, or facilities such as hire shops, restaurants, shuttle buses and ski lifts, may not be available at all times and are normally managed by independent local operators. We have no control over their availability or prices. Outside the peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally.
Some activities or facilities may
not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, saunas, and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
C21. Diving
Failure to produce your qualification may result in refusal to dive and you will not be entitled to a refund on your dive pack. You may be asked to complete a Scuba Review if you have not dived for a period of 6 months or more. Unless this is pre-booked you will be charged extra in resort.
C22. Data Protection By making a booking with us, you agree we may use and disclose the information you provide for the following purposes: to enable us to process your booking (which will include passing your information to third party suppliers, such as hoteliers and airlines, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing your information to organisations such as Banks and credit card companies); for compliance with legal requirements (which will include passing your information to public authorities such as customs and immigration) and for marketing contact by means of post or telephone to provide you with offers, products and services from companies within the Thomas Cook group and carefully selected third parties. If you purchase travel insurance from us, we will need to pass your personal data (including sensitive personal data and personal/sensitive data relating to other members of your travelling party) to the insurance company. Telephone calls to/from ourselves may be recorded for training and quality purposes and for preventing/detecting crime. If you have booked with us via our web site, or if you have chosen for us to contact you by e-mail, we will communicate with you using the e-mail address you have provided to supply you with your travel documentation. We are entitled to assume that the e-mail address you have provided is correct and that you understand and accept the risks associated with using this form of communication. Please note that you may still need to contact us by post or via our call centre as required by our booking conditions. If you wish to make a data subject access request for a copy of any personal data we hold on you, please write to: Customer Services, Neilson Active Holidays, Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA. If you wish to opt out of receiving marketing communications from us, please advise one of our sales consultants or make the appropriate opt out choices on the website when you book.
C23. Acceptance of Risk As with all sporting activities, the nature of the holidays we provide and activities you may choose to participate in involves a degree of personal risk. You recognise that many activities, such as biking, sailing, diving, skiing and waterskiing are activities with a danger of personal injury or death. Due to rough terrain and uneven surfaces on land and the dangers associated with the sea and seabed, the natural environment can at times be hazardous. By entering a contract with us, you accept these risks and you are responsible for your own actions. Although, we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will minimise these risks, your booking is accepted by us on the basis that you understand and accept the risks involved in physical activities.
If at any time you or a member of your party feels uncomfortable or unprepared to take part in
or carry on with an activity during your holiday, an instructor should be advised immediately. You are under no obligation to take part in or complete activities which form part of their holiday booking. You must ensure you have suitable travel insurance for the activities you plan to participate in.
C24. Your Responsibility We want all our customers to have an enjoyable, carefree Holiday. But you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, believe: •your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or •you are unfit to travel;
we may end your Holiday and terminate your contract. You and your travelling party will be prevented from using your booked accommodation, transport, and any other Travel Arrangements forming part of your booking and we will not be liable for any refund, compensation or any other costs you have to pay. Alternatively at our discretion, you may be permitted to continue with your Holiday but may have additional terms of carriage imposed upon you. See 'In-Flight Safety in the All You Need To Know/Holiday Information sections of the relevant brochure and on our websites for further details. In addition to the above and the effect your actions may have on others, you must particularly also bear in mind that you are responsible for your safety, and that you are responsible for the condition of the property you occupy. We are not responsible for any accidents which occur in or around swimming pools due to your inappropriate, or irresponsible behaviour, or for any accidents which occur anywhere on properties because of glass, china or the like which you have broken and/or have left in a way in which injury can result.We expect that you will enjoy your holiday with us. We appreciate that you may well drink alcohol as part of your enjoyment. You must, however, do so responsibly and we will have no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol. We will hold you and the members of your travelling party jointly and individually liable for any damage to the accommodation, furniture, apparatus or other materials located within the accommodation, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately.
If your behaviour or the behaviour of any members of your travelling party causes any transport aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion.We cannot accept liability for the behaviour of others in your accommodation or flight, or for any facilities/services withdrawn as a result of their action.
C24. Law and Jurisdiction Your contract will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes. Press date: August 2013
Y6127 Visit
www.neilson.co.uk see your travel agent or call us on 0845 070 3460 301
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