MALVERN WORLD TRAVEL BOOKING TERMS AND CONDITIONS
These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Malvern World Travel of 44 Somers Park Avenue, Malvern, Worcestershire, WR14 1SD . Worldchoice Plus membership number Q0833
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions 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. If you have any further questions after reading these Booking Conditions then please contact us and we will be happy to help you.
We are an Accredited Body Member of The Travel Network Group as a Worldchoice Plus Member. This means that The Travel Network Group allow us to trade under Licence number Q0833 in accordance with the terms of our Accredited Body membership and all of our bookings offer financial protection.
ACTING AS AGENTS OF PRINCIPLES
As Travel and Booking Agents we act only as Agents for the Principals/ Tour Operators actually providing the relevant services and we shall not be liable for any act or default on the part of any such Principal or its Agents or Servants. Passengers are booked and/or tickets and coupons are issued or obtained by us subject to the conditions, regulations and terms of the Carriers and/or Principals concerned.
Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website.
This website will provide you with information on the protection that applies in the case of each holiday and travel service offered before you make your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk.” We act only as an agent. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.
If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as it may not be possible to make changes later, you may incur charges to make changes and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make any charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport.
RECONFIRMATION: Where a passenger has to reconfirm a flight or return booking it is their responsibility for any inconvenience or loss caused by not doing this.
You will be required to pay a deposit or make full payment at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their terms and conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned. We do not make any charges for payments by credit or debit card but may ask for administration charges when a refund is applied. Payments made by cheque require 7 working days for clearance. We reserve the right to adjust prices and times given or quoted should circumstances make it necessary. Prior notice will be given in most circumstances. We can only guarantee against fare increases when the full balances are paid in full, at time of booking.
When making your booking we will arrange for you to enter into a contract with the supplier(s) (tour operator/airline or other supplier) named on your booking summary.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s terms and conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.
You may wish to purchase flights, hotel, car rental, transfers or other services shown on our website. Each component will be provided by different third party providers of the components you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package and therefore you are not protected under the Package Travel Regulations; and unless you book a Flight-Plus, your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
CANCELLATION AND AMENDMENT
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their terms and conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and you also must pay us any applicable administration charges.
Note: if the reason for cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. The full insurance premium may be retained in the event of cancellation.
* Bookings that include Budget/Low Cost or Schedule Flights and/or cruise may incur different cancellation charges. Please enquire at the time of booking or ahead of making the decision to cancel.
CHANGES OF REQUESTED TRAVEL ARRANGEMENTS
All requests by passengers to alter booking or travel arrangements must be in writing or made in person. Should a firm booking already be held a charge of minimum of £50 will be made to change the dates of travel subject to conditions of booking/ticket and availability
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
OUR SERVICE CHARGES
In certain circumstances we apply service charges which will be shown on your booking confirmation as follows: – “Administration Fee for Supplier Failure Cover” (see Your Financial Protection section below) – “Flight Plus” (see Flight-Plus section below) – “Service Charge” – a charge for the booking agency services we provide to you. Please note that the term Service Charge does not refer to us putting together a holiday package, it is our standard charge for the service of acting as the booking agent.
OUR RESPONSIBILITY FOR YOUR BOOKING
Your contract is with the supplier and its booking conditions apply. As Malvern World Travel is the 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 whilst acting in the course of our employment.
The contract for your arrangements is between you and the supplier 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, you should write to the supplier as set out in your booking confirmation. We will of course assist you with this if you wish – please contact us at Malvern World Travel. If the matter cannot be resolved ,then it can be referred to the arbitration scheme arranged by the Consortiun or Association that the Tour Operator belongs to , details of which are set out in these Booking Conditions or your Travel Invoice.
YOUR FINANCIAL PROTECTION
Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. As Part of The Travel Network Group we operate as a Worldchoice Plus member with licence number Q0833. We operate a Client Trust account which is financially protected under the Travel Trust Association Scheme . All of our Package Travel Sales are financially protected .Please ask us about the protection that applies to your booking. We provide security for Flight-Plus bookings by way of the Tour Operators Atol number, administered by the Civil Aviation Authority (see section below on Flight-Plus Bookings). When you buy an ATOL protected flight or flight inclusive package holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines unless they are part of a Flight-Plus (see below). Where necessary, we can add supplier failure insurance to your booking or you can check if you already have this cover from your Insurers. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation. ATOL Protection extends primarily to customers who book and pay in the United Kingdom. Click on the ATOL logo if you want to know more.
Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by Travel Network Groups Code of Conduct.
Booking a Flight-Plus provides you with ATOL protection under the Tour Operators ATOL number in the event of supplier insolvency, but we are still acting as agent for the individual suppliers and a Flight-Plus booking does not constitute a Package. A Flight-Plus is where you purchase through us, at the same time or within a day of each other, a flight plus overseas accommodation and/or car hire from separate suppliers (i.e. not a package holiday). When you make a Flight-Plus booking through we will give you an ATOL Certificate showing what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
On all Flight-Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your service providers. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers. An ATOL Protection Contribution of £2.50 per passenger is payable to the CAA on Flight-Plus bookings and this will be reflected on your booking summary as a charge for “Flight Plus”. For more details as to when a Flight-Plus exists and the protection provided under the ATOL scheme please see www.caa.co.uk.
In respect of Flight-Plus bookings, we are obliged to tell you: – We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you).
You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). – If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you have any special requests (for example dietary requirements, Mobility requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
It is a booking condition of package travel regulations that you have adequate travel insurance cover for all members of your party. We Suggest that any Policy should have Adequate Cancellation and Travel Disruption Cover as well as offering Airline Failure Cover.
Passengers must take out travel insurance and we can suggest Companies that specialise in Travel Insurance. Neither we nor any of our Agents or Servants shall be liable or responsible for any loss, damage, and injury. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, Travel delay, Trip Cancellation, Curtailment or Disruption Cover. Delay or inconvenience whatsoever to any traveller or his luggage or other personal property sustained or suffered in, or during, any passage, journey, trip or stay, or in respect of any accommodation or in the carrying out of any arrangements booked through us.
Please check your policy carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel without adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available. In the case that you decline insurance you may be asked to sign an indemnity form, or provide details of alternative cover.
ACCOMMODATION RATINGS AND STANDARDS
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied. Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on check-out.
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If we are notified of such works we will inform you before you make your booking or within a reasonable time of us being notified.
We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests before a booking is confirmed. Requests, however might not be guaranteed.
DELIVERY OF DOCUMENTS
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post, email or can be personally delivered. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other documents need to be reissued.
PASSPORTS, VISAS AND HEALTH
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements, Health Certification requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates, World Health Organisation. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up-to-date travel advice can be obtained from the GOV.UK website.
Please note that when making your booking, all names must be exactly as per passport and the correct spelling checked.
FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
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 any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, Epidemic, Pandemics, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
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. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Please be aware that the terms and conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
DATA PROTECTION AND PRIVACY
The information that you provide to us in making your booking will be passed on to The Travel Network Group and to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements
Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other serious crime. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. We and The Travel Network Group would also like to store and use your personal data for future marketing purposes. If you do not wish to receive future marketing material, please notify us in writing.
Usually your tour operator or other principal will pass this information onto their suppliers once we have provided it to them. The tour operator or other principal’s use of your information is subject to their policy, both in respect of your booking and any future marketing, and is their responsibility. Please ask either us or them for a copy of this if you would like to see it. We may make a small charge for providing this to you.
Prices are ‘per person’ based on 2 sharing (unless stated) and are subject to availability and change. Hotels are subject to availability and change, if fully booked, local hotels of a similar standard will be provided. Hotel ratings are based on local standards. Tours are subject to availability and change and some tours may command a supplementary cost. Ports of call on some coach tours/cruises may vary according to unforeseen circumstances. All deals are fully TTA & ATOL protected.
LINKS on our website
We have provided links to our supplier’s websites for car hire, parking, hotels, currency, tickets, and insurance and these are not-ABTA members. “Please note that: ABTA protection does not apply to any non-member sites.” For information on ABTA’s protection and consumer services, including Arbitration, visit the Association of British Travel Agents website at www.abta.com.
For advice on travelling abroad, go to the Foreign and Commonwealth Office website at www.fco.gov.uk
For information on health requirements, go to the Department of Health’s website at www.dh.gov.uk
LAW AND JURISTICTION
These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.