Terms and Conditions

TRAVEL UP TERMS & CONDITIONS OF BOOKING

Introduction

With Travel Up you can book your whole holiday or just the bits that suit you. We act as a Package organiser, creating great holidays which include flights and accommodation, and as an agent to help you to arrange individual flights, accommodation or other separate travel arrangements.

Depending on which products or combination of products you choose to book, your terms and conditions will vary, as will our obligations to you. The type of arrangement you enter into will be stated on the booking confirmation and any ATOL certificates we issue. Should you require confirmation of the arrangement you have with us, please contact us HERE

Definitions:

“Arrangements” means a Single Travel Component or Package holiday arrangement

“Single Travel Component” means a booking in respect of accommodation only, flight only or any other booking in respect of a single travel component. All single travel components do not form part of a Flight-plus or Package Holiday arrangement.

“Flight Only” means a booking in respect of flight only as a Single Travel Component.

“Accommodation Only” means the provision of accommodation as a Single Travel Component.

“Package” means a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: - (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package.

“Travel Providers” means various third party suppliers of travel and ancillary services through which you can book any product(s) you choose as a result of the searches performed through our website. Travel Providers include, among others, tour operators, airlines, hotels, hotel chains, bed banks, accommodation aggregators, flight providers, airport transfer providers.

1. YOUR AGREEMENT/CONTRACT

These booking terms and conditions govern all bookings that you make with Travel Up Limited whose head office is at 1 Zodiac House, Calleva Park, Aldermaston, West Berkshire RG7 8HN, UK.

In these booking conditions, references to "we", "us" and “our” indicate Travel Up (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 our terms and conditions.

By making a booking with us, you confirm your agreement to and acceptance of these Booking Conditions. Please make sure you understand your obligations and responsibilities and also our liability to you before you make your booking. Please note that there is no cooling off period, or other automatic right to cancel without penalty, once you have made your booking.

When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. When you receive your confirmation invoice, please check that all details are correct and complete – for example, that each name is exactly as stated on the relevant passport. If any information is incorrect or incomplete, please contact us as soon as possible. We will do our best to rectify any inaccuracies that are notified to us, but you will be responsible for any costs and expenses except where any error was ours.

Please note that we reserve the right to refuse a booking at our discretion without giving any reason for such refusal. In such circumstances, any deposit or other payment received by us will be returned to you and any ATOL certificate provided shall be cancelled.

2. YOUR FINANCIAL PROTECTION

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

3. OUR RESPONSIBILITY - PACKAGE ARRANGEMENTS

We will accept responsibility for the Package Arrangements (“Tour”) we agree to provide or arrange for you as an “organiser” under “The Package Travel and Linked Travel Arrangements Regulations 2018”. Subject to these Terms of Business, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms of Business 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. In completing your booking with us you are accepting our Terms applicable to the sale of Packages. Once your booking is confirmed you have entered into a legally binding contract with us for the arrangements.

We have arranged ATOL protection for Packages (as defined above) booked and our ATOL number is 7227. Your booking is not confirmed until you receive a booking confirmation.

We will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and/or where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements (excluding insurance premiums and amendment charges). Our liability will also be limited in accordance with and/or in an identical manner to:-

(a) The contractual terms of the companies that provide the transportation for your travel arrangements (often referred to as the Conditions of Carriage). These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal or Warsaw Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any other applicable conventions.

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and are available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in Clause 17. If any payments to you are due from us, any payment made to you by the airline will be deducted.

You must notify us of any complaint or claim in accordance with Clause 19. For all claims, any person(s) to whom we make any payment (and their parent or guardian if that person is under 18) must also assign to us or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide us and our insurers with all assistance we or our insurers may reasonably require.

Please note that this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday. We may provide you with information (on our website/or when you are on holiday) about activities and excursions which are available in the area you are visiting but which you cannot book with us in the UK, and which are therefore not purchased as a component part of your travel arrangements with us. Excursions, activities or other tours are provided by third party operators and your contract will be with the operator of the excursion, activity or tour and not with us. We are not responsible for the provision of the excursion, activity or tour or for anything that happens during the course of its provision by the operator. For the avoidance of any doubt, your contract for any such excursion, activity or tour will be with the organiser or operator of that excursion, activity or tour, and is subject to their terms and conditions, and you may be subject to the local law and jurisdiction of the country in which the excursion, activity or tour takes place.

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked with us and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 7227 on behalf of Travel Up Limited. If you book other holiday arrangements the financial protection referred to above does not apply.

4. OUR RESPONSIBILITY – FLIGHT ONLY & ACCOMMODATION ONLY

In respect of Arrangements (other than Packages) Travel Up is not a tour operator. Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking on your behalf 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 proven negligence or that of any of our employees whilst acting in the course of their employment.

Your booking through us is subject to both these terms (which define and explain our obligations to you and the role that we play as agent) and the specific booking conditions of the relevant Travel Provider of the related service which set out, amongst others, your rights in the event that something goes wrong with the travel related service you have booked though us.

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and are available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your flight cost from us. Your right to a refund and/or compensation from us is set out in Clause 17. If any payments to you are due from us, any payment made to you by the airline will be deducted.

No contract will come into existence between us or any supplier or Travel Provider until we accept your booking and we receive your full payment in cleared funds and issue a confirmation invoice. We reserve the right to refuse, at our sole discretion, any booking. For online bookings, the contract will come into existence upon acceptance of the booking conditions presented at the end of the booking process and once we have received your full payment in cleared funds.

By submitting a booking, you warrant and confirm to us that you comply with those requirements. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.

Travel Up act only as a booking agent for the Travel Providers of your Single Components, we have no liability if they are deficient in any way, nor do we have any liability for loss, personal injury or death however incurred unless caused by our proven negligence.

Travel Up makes arrangements on your behalf with accommodation providers, activity providers, airlines, cruise lines, coach companies, insurance services, vehicle rentals, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Travel Up takes all reasonable care in selecting Third Party Suppliers, Travel Up is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Travel Up does not warrant that any Third-Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.

TRAVEL UP IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING DIRECTLY OR INDIRECTLYOUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN TRAVEL UP AND ITS EMPLOYEES.

Travel Up is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors. Travel Up and its parents, subsidiaries and their respective employees, affiliates, officers, directors, successors, representatives, and assigns shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, diversion, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, volcanic activity, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. You waive any claim against Travel Up for any such loss, damage, injury, or death.

In the event that any loss, death, injury or illness is caused by the proven negligent acts or omissions of Travel Up or of the Third-Party Suppliers of any services which form part of the booking contract then Travel Up limits its liability, where applicable as provided by all applicable International Conventions

Carriage of passengers and their luggage by sea, road or air is governed by International Convention relating to the Carriage of Passengers and their Luggage which are expressly incorporated into these Terms and any liability of Travel Up and the Carrier (as that term is defined in the relevant Convention) for death or personal injury or for loss, delay or damage to luggage arising out of carriage by sea, road or air will be determined solely in accordance with such Convention.

In so far as Travel Up may be liable to you in respect of claims arising out of carriage by sea, road or air, Travel Up is entitled to all the rights, defences, exclusions, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms will be deemed as a surrender thereof.

Notwithstanding anything to the contrary elsewhere in these Terms, Travel Up will not in any circumstances be liable to you for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature howsoever, wherever and whenever arising.

5. BOOKING YOUR TRAVEL ARRANGEMENTS

Bookings made by telephone: If you make a booking by telephone you must provide us with all information which we require. You must also ensure that all information which you provide is accurate and that the credit or debit card you are using is your own or, subject to our agreement, if it is a third party's, that 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. If we accept your booking, we shall debit payment from you and send you a confirmation invoice. From this point cancellation charges will apply:

Please note that a telephone booking confirmation is as confirmed as if it were made/confirmed in writing immediately. As soon as you receive the confirmation, 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.

We reserve the right to record all telephone calls to ensure that our customer service is constantly reviewed. Should you require a copy of the call recording for any reason an administration fee may be applied.

Bookings made online: If you book online, you must provide us with all information which we require. You must also ensure that the credit or debit card you are using is your own or, subject to our agreement, 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 a booking is made online, we will email your booking confirmation and will hold your payment. Your payment will be verified against your booking and card holder details. Once your payment is accepted and your ticket is issued only then does the contract come into existence and we will email you a confirmation invoice with electronic ticket receipt. If we are unable to issue your ticket due to fare or tax increases by the airline or we are not satisfied with the payment, we will contact you and if you are not satisfied we will refund you the full amount paid within 48 hours without any deduction. We will neither give you any compensation nor will we pay you any extra charges if you purchase your tickets from elsewhere.

Age Requirements: We can only accept a booking if the lead passenger is a minimum of 18 years of age on or before the date of departure – if under the age of 18 at the time of booking, the written consent of a parent or guardian is required before the booking can be made.

Minors and young people travelling without their parent/guardian may need to carry documentation giving legal consent of the absent parent/guardian. This applies even if travelling with other adult family members, and in some countries, a sole accompanying parent/guardian will be required to produce appropriate legal consent of the absent parent/guardian or proof of sole parental/guardian responsibility. Please check with the Consulate of the destination country.

The FCO website may have information and/or links to the appropriate Country's websites, visit www.fco.gov.uk

6. PRICING POLICY

“Flight Only” All prices are subject to availability. Prices shown on website(s) are believed correct at the time of publication. We reserve the right to alter the prices of any of the individual components shown on our website(s) or correct errors at any time prior to the price being confirmed at the time of booking.

You will be advised of the current price of the individual components that you wish to book before your agreement is confirmed. Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined below or if you amend your booking. Whilst every effort is made to avoid surcharges, the right is reserved to pass on any cost increase levied by the suppliers.

Currency: Currency rates displayed on Our website are not verified or guaranteed by Us as being accurate and should be used as guidelines only. Exchange Rates are not updated every day and actual exchange rates may vary slightly

System Errors: In rare cases, errors may occur when inputting prices into our reservations system or website. Any agreement entered into on the basis of an erroneous price will be void. In the unlikely event that such a situation arises, you will be given the option to pay the current price or cancel with a full refund.

Surcharges: Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice or we will be entitled to assume that you will pay the surcharge. Any surcharge must be paid within the balance of the holiday cost or within 14 days of the issue date on the surcharge invoice (whichever is later).

We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. 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.

No surcharge will ever be levied for air tickets after we have received full payment in cleared funds and tickets have been issued.

Departure Tax: 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.

“Accommodation Only” All prices are subject to availability. Prices shown on website(s) are believed correct at the time of publication. We reserve the right to alter the prices of any of the individual components shown on our website(s) or correct errors at any time prior to the price being confirmed at the time of booking.

Accommodation Tax: The tax charge on Travel Up hotel transactions is a recovery of all applicable transaction taxes (including but not limited to sales and use, occupancy, room tax and excise tax) that Travel Up pays its suppliers in connection with your travel arrangements. Taxation and the appropriate tax rate can vary greatly by location. The actual tax cost paid to the supplier may vary from the tax recovery charge, depending upon the rates, taxation in effect at the time of the actual use of the hotel by a customer and we are under no obligation to account to you or refund you in this regard.

“Package” All prices are subject to availability. Prices shown on website(s) are believed correct at the time of publication. We reserve the right to alter the prices of any of the holidays shown on our website(s) or correct errors at any time prior to the price being confirmed at the time of booking.

You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined below or if you amend your booking.

Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1 per person. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice or we will be entitled to assume that you will pay the surcharge. Any surcharge must be paid within the balance of the holiday cost or within 14 days of the issue date on the surcharge invoice (whichever is later).

We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. Should the price of your package go down due to the changes mentioned above, by more than 2% of your package cost, then any refund due will be paid to you. 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.

Some of our accommodation providers negotiate their low rates on the basis that residents of the country where the hotel stay is taking place, are not eligible to stay at that rate. In most circumstances, this does not apply to residents of EU countries staying in other EU countries. Problems seem to mainly occur, where non-EU passport holders are booked to stay in the country where the passport was issued. For example, Turkish nationals in Turkey, or Egyptian nationals in Egypt. If you think this may affect your booking, please ask our Customer Service team to confirm your booking will be accepted by the hotel, as resolution once you are abroad will be very difficult and may result in additional charges being incurred or the cancellation of the booking. Occasionally accommodation providers may ask that we contact you prior to the departure date to ask for the nationalities of the parties travelling. It is important that you contact our Customer Service team in this instance with this information in order to confirm that the rates are eligible for the parties travelling.

7. PAYMENT (DEPOSIT & BALANCE)

You will required to pay a deposit or make full payment at the time of booking (deposits paid to reserve travel components are non-refundable). When you pay an initial deposit the remaining balance must be paid on or before the due date shown on the booking confirmation email. We reserve the right to collect the balance from the card used to make the booking on the due date. If we are unable to collect the remaining balance on or before the due date your booking may be cancelled at a loss of all monies paid to date.

In some instances, an extra booking charge may apply, this will be 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 because of fuel or other surcharges which may be imposed by suppliers(see Clause 6 above)

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. If you are travelling immediately (same day of booking or within three days of booking) and you do not meet the credit/debit card security measures, we may ask you to pay cash directly into our bank account.

Depending upon how you chose to pay and in what currency your card provider may levy additional charges on any payment you make to us. An indication of these charges will be displayed at the time of payment; however, these may vary and you should check with your card provider for the exact charges applicable before making your booking. All reservations made after 10 September 2020 using corporate credit or debit cards will incur a surcharge of 2%, this charge will be reflected in the total amount shown on your bank statement but will not show on your client documentation.

For all payments made by credit or debit card in respect of any booking you agree not to make any repayment claim from the credit card issuer or your bank before pursuing any complaint with Travel Up in the first instance.

Anti-Fraud checks: You agree that we may use Personal information (as provided by the Data Protection Act) provided by you in order to conduct appropriate anti-fraud checks. You agree thatPersonal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information

“Accommodation Only” Accommodation Providers may give You a range of options to secure Your room: by paying a small deposit, by making full payment at the time of booking or paying at the Accommodation. 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, or We are unable to collect the balance for whatever reason by the balance due date specified, We will notify the Accommodation Provider accordingly and Your booking will be cancelled. You will be liable for any applicable cancellation fees. In certain circumstances for example with deposit and balance we will apply a service charge which will be shown on your booking confirmation, for standard deposit bookings this service charge is £5.95 GBP per transaction or the local currency equivalent.

Because We are making live reservations with various international Accommodation Providers, We have to have appropriate cleared payment from You and hence Your initial payment to Us is Your authority to Us to confirm Your booking with the Accommodation Provider. If unexpectedly in the short time between Your payment and Us seeking to confirm Your booking with the Accommodation Provider the Accommodation has become unavailable and We cannot obtain an alternative acceptable to You, You will receive a full refund of the money You have paid for that booking. Refunds can take up to 14 days to process

Local Additional Charges by Accommodation Providers Please note that all prices on the Site are for Your Accommodation reservation only and are for the requested stay dates and for the number of people indicated. The Accommodation reservations rates are displayed per room and per night.

We will typically, but not always, display the rate exclusive of any local sales tax and service charges, and display these additional taxes and service charges separately during the booking path.

Governments have on occasion issued additional taxes and may ask the Accommodation Providers to collect these directly. These charges, if applicable, will be payable by You to the Accommodation Providers directly at checkout. Accommodation Providers may also charge a facility or resort fee, payable locally. Please verify which extra fees are and/or are not included before making a booking. When in doubt whether something is included, You can view Our FAQs or contact Our Customer Service team before making a booking HERE. These charges are subject to change and we have no liability to you for these taxes or charges and they are not included in your booking.

“Flight Only” All payments made to us including deposits are non-refundable unless the cancellation is made by the carrier in which case we will refund to you any monies repaid by the carrier to us on your behalf less the cost of any reasonable administrative costs in making such refund to you subject to your claim being made to us in writing and any such repayment being received by us within the period of 12 months from the date of your out-bound travel. Any entitlement to a repayment will be subject to the terms and conditions of the carrier with whom your flight was booked which may vary.

For all reservations made after 17 November 2020 a booking fee is included within the price advertised and the price that you pay. This will be clearly stated on your invoice. Both booking fees and deposit are non-refundable unless we are unable to accept the booking on behalf of the supplier. For all cancellations be them voluntary or involuntary the booking fee will be retained.

FLY NOW PAY LATER

Legal Statement

Fly Now Pay Later Limited acts as a credit intermediary and not a lender and is authorised and regulated by the Financial Conduct Authority under registration number 726937.

Regulatory Statement

Credit accounts are provided by Travelfund Limited who are authorised and regulated by the Financial Conduct Authority under registration number 672306. Travelfund Limited registered office: Eighth Floor, 6 New Street Square, London, EC4A 3AQ, United Kingdom. Registered in England and Wales No. 09020100. Fly Now Pay Later ® & Travelfund ® are registered trademarks of Travelfund.co.uk Limited.

8. IMPAIRED MOBILITY & MEDICAL PROBLEMS

We endeavour to accommodate all customers, including those with reduced mobility/disabilities. However, our experience indicates that certain travel products are not suitable for customers who rely upon wheelchairs for mobility or have certain other disabilities.

If you are disabled or have reduced mobility which may affect your arrangements, you must advise us in writing at the time of booking giving full details. If, in our reasonable opinion, your chosen holiday is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the holiday is not suitable, or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in Our Terms & Conditions apply and must be paid by the person concerned. We will have no liability for any other costs or expenses you incur as a result.

9. SPECIAL REQUESTS & MEDICAL ASSISTANCE

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. Any general confirmation that a special request has been noted or passed to the supplier, or the inclusion of a special request on your invoice or other documentation is not confirmation that the request will be met. Where a request is vital to your travel arrangements, you must notify us before booking. Unless a request has been specifically confirmed by us in writing prior to the booking being concluded, it will be subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally. We will not pay compensation for failing to fulfil any special request that is not confirmed in writing by us prior to the booking being concluded. If you are disabled or have reduced mobility which may affect your arrangements, you must advise us in writing at the time 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. If we cancel in this situation, cancellation charges as set out in Our Terms & Conditions apply and must be paid by the person concerned. We will have no liability for any other costs or expenses you incur as a result.

10. YOUR CONDUCT WHILE TRAVELLING

Please be aware that the booking conditions of the Accommodation or TravelProvider will normally state that your contract can be terminated, with no refund, if the behaviour of yourself or any member of your party falls below an acceptable standard. Accommodation Providers will also often require you to pay for any damage you cause. 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 Accommodation or Travel Provider or any third party as a result.

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, all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on your behalf, in which case the Company’s responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result. In certain circumstances such behaviour may result in proceedings or claims being made against you or members of your party

11. YOUR FLIGHTS

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.

Please note that where a sector of a flight itinerary is not utilized 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/index_en.htm

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.

Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have written confirmation from a doctor that they are fit to travel when checking in for their outward flight. Normally, permission to travel is refused after 32 weeks. We can only accept your booking upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger for this reason. In relation to flights, an infant must be under 2 years of age on the date of their return flight.

You must reconfirm with 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.

“Flight Only” 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.

Scheduled Airline Failure Administration fee: If you are holding a ticket(s) on an airline which fails due to insolvency and has ceased flying, the money you have paid for your ticket(s) may be lost. As part of the requirements under our ATOL licence issued by the Civil Aviation Authority to protect our customers, we undertake to ensure that, should this happen, our customers receive compensation for their loss to the extent referred to below. In the event of a scheduled airline failure as a result of an insolvent winding-up: prior to commencement of a passenger's trip, all monies paid by the passenger either as a deposit, or as the case may be, as the price for the scheduled airline ticket(s) will be refunded to the passenger in full; or After the passenger's trip has commenced: the sum equivalent to the price paid for the ticket(s) for such scheduled airline flights forming part of the trip as were cancelled as a direct result of the airline failure will be refunded to the passenger in full; or if the trip is curtailed forthwith upon the airline failure, the cost of direct return transportation to the United Kingdom to a similar standard to that originally booked as part of the trip, such return flight commencing at the point of curtailment of the trip as the direct result of the airline failure. As a fee for our administering both the claims and/or the repatriation of passengers we will charge each customer a nominal administration fee for this service. This fee forms part of the cost of each airline ticket purchased from us and is not optional.

“Package” The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay, which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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

12. INSURANCE

Adequate and appropriate travel insurance is essential for your protection. Each member of your party must have either the holiday insurance policy we offer or another policy giving at least equal cover. It is your responsibility to ensure that the insurance cover you purchase is adequate and appropriate for the particular needs of you and your party, but it should at a minimum cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays or loss of baggage and personal possessions. We do not check alternative insurance policies. Please read your policy details carefully and take them with you on holiday.

All insurance premiums are payable in full at the point of sale and are sold incorporating a 14-day cooling off period after which time some policies may be non-refundable and you should check at the time of purchase. The 14-day cooling off period only applies if you have not departed the UK or made any claim under the insurance policy.

13. PASSPORT, VISA & HEALTH REQUIREMENTS

Your specific passport and visa requirements, and other immigration requirements, are your responsibility.

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. The FCO website may have information and/or links to the appropriate Country's websites, visit www.fco.gov.uk

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 may have to hold 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.( USA note: International travellers who are seeking to travel to the United States under the Visa Waiver Program are now subject to enhanced security requirements. All eligible travellers who wish to travel under the Visa Waiver Program must enquire and apply with the US authorities about the requirements which apply to you before you book).

Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. Health requirements for your holiday destination are outlined at the Department of Health website https://www.gov.uk/government/organisations/department-of-health 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.

Travel healthcare in Europe – EHIC:If you are a UK resident you are entitled to free, or reduced cost, state provided healthcare when visiting a European Union country. However, to be covered you will need to take with you a free of charge European Health Insurance Card (EHIC). To apply, visit the NHS Choices website: www.nhs.uk/healthcareabroad or by calling 03003 301 350.

Travel Advice:The Foreign & Commonwealth Office and National Travel Health Network and Centre have up-to-date advice on staying safe and healthy abroad. For more on security, local laws, plus passport and visa information, see www.gov.uk/travelaware

14. YOUR ACCOMMODATION

We provide as much information as possible to help you choose the right accommodation taking into account a number of factors. Individual descriptions give you basic facts, figures, and photographs of several aspects of the accommodation. It is only fair to point out that not every room in each property is identical or has the same views. Distances are usually measured from the nearest point of public access, so if you have a room in the grounds, it may be further away or nearer than stated in the text.

Ratings and Reviews: Star ratings are used to symbolise the overall quality and level of standards of each accommodation type. The star ratings are based on criteria including the range of standard facilities, the quality of the furnishings, the quality and range of the food outlets, and the overall level of service. There is no uniform and consistent method of star ratings and as such they can vary significantly by country, and often within countries. Also, not all countries have rating systems. Therefore, the rating displayed is only an opinion and should only be used as a guide. If We are provided an official rating by the Accommodation Provider, We will endeavour to include that within the accommodation description. We may also display reviews from third-party websites such as Trip Advisor™. We have no control over such third-party websites or their content and make no endorsement of it. You should therefore make Your own judgment as to the suitability or otherwise of any Accommodation for Your own personal needs before booking.

Cots: Cots are normally provided by property management. There may be limited availability and may not always conform to British Safety Standards. In order to avoid disappointment, you may wish to take your own carry/travel cot, however, as far as we are aware if it exceeds your baggage allowance you will have to pay an excess baggage charge. The cost of cots, and extras like food, should be paid for directly to the hotel. High chairs where stated on individual property descriptions, are normally only available in the restaurant.

Early Accommodation Check-out: for whatever reason, you check-out early from your pre-booked accommodation you are not guaranteed any form of refund for unused nights. The information given to you by hotel staff may be incorrect in respect of refunds. Our contracts are with our suppliers and not hotels/apartments/villas directly and we must adhere to their terms and conditions. Some Accommodation Providers will charge extra for early or late check-outs.

No show: If You do not arrive for the first night of Your reservation but plan to check-in for later nights in the reservation, You must reconfirm the reservation with Us and/or the Accommodation Provider no later than the original date of check-in to prevent cancellation of the whole booking. If You do not confirm the booking changes with Us and/or the Accommodation Provider, the whole booking may be cancelled, and refunds will only be due to You in line with the terms of Your booking.

Local Additional Charges by Accommodation Providers: Some accommodations charge a fee/tax per room for certain services. This fee is at the accommodation supplier’s discretion and is liable to change without notice and will apply regardless of whether these services are used. Governments have on occasion issued additional taxes and may ask the Accommodation Providers to collect these directly. These charges, if applicable, will be payable by You to the Accommodation Providers directly at checkout. Please verify which extra fees are and/or are not included before making a booking. These charges are subject to change and we have no liability to you for these taxes or charges and they are not included in your booking.

Images: Images featured on our website are used for illustration purposes only. Your specific hotel (where hotel accommodation is included as part of your arrangements) may differ from the representation provided.

Construction Work: We cannot be held responsible for continual destination development, but we will endeavour to advise you of any building work of which we are aware that we consider will affect the enjoyment of your holiday.

15. IF YOU CHANGE YOUR BOOKING

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our best to make these changes, but it may not always be possible. You will be asked to pay a minimum administration charge of £75 per person plus any further cost(s) we incur in making this alteration, including charges imposed by the service provider(s). You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Please be aware that some travel arrangements cannot be changed once a reservation has been processed and therefore amendment charges could be as great as the total cost of your holiday. Certain travel arrangements cannot be changed or cancelled after a reservation has been made and any alteration will incur a 100% cancellation charge.All changes must be confirmed to us in writing

16. IF YOU CANCEL YOUR BOOKING

You, or any member of your party, may cancel your travel arrangements at any time, although please note that there is no automatic entitlement to cancel without penalty. Written notification from the person who made the booking must be received in writing. (Note - If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim any cancellation charges levied).

“Flight Only” Scheduled flights, in most cases, where the ticket has been issued, will result in the loss of 100% of the total cost of all travel arrangements. Please consult your reservation adviser. Charter flights carry a 100% cancellation fee both before and after ticket issue

Airline Ticket Refunds:Many airline tickets are paid for in full at the time of booking and are not refundable if you cancel. In respect of any alteration to an APEX ticket or certain other special fare tickets, some 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.

No Shows: In case of no show your ticket is 100% non-refundable.

Air tickets returned to us for a refund are subject to an administration charge of £75 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 £75 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 6-8 weeks from the point the tickets are submitted for consideration to the airline.

“Accommodation Only” We make all booking with the Hotel on your behalf which is also subject to their own terms of business. By making a reservation on Our Site, You accept and agree to Our and the relevant Accommodation Provider’s term, conditions and policies applicable to that booking. In the event of any inconsistency between our standard terms and those of the Hotel, the Hotel’s terms shall prevail. The general cancellation policy of each Accommodation is displayed on the screen or under “Booking Conditions”, “Cancellation Policies” or such like, and in the confirmation email or voucher.

Please note that rooms where the local supplier offers free cancellation may be subject to an administration processing fee in the event of cancellation, this fee will not exceed 15.00 GBP per person or the local currency equivalent. Deposits used to reserve rooms are non-refundable. Providing the supplier booking conditions permit changes you may amend your booking for an administration fee of £10 per person or the local currency equivalent plus any applicable difference in price for the new accommodation. We will not be able to refund any payment for no-shows or early check-out.

In all circumstances You agree to abide by the terms and conditions of the accommodation provider.

“Package” Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:

• Bookings cancelled more than 14 days before departure – loss of all deposits paid, and any other cancellation fees that may be levied by the supplier(s) of your Arrangements. You will also be required to pay a £75 cancellation fee to cover our administration costs.

• Booking cancelled within 14 days of departure – 100% of the Holiday Cost*

Please note that once we have cancelled your booking, you will not be able to travel, even where we have collected the balance of the payments due from you and any cancellation fee.

*"Holiday cost" does not include insurance premiums and any handling/amendment fee or other costs paid if you changed your booking. These premiums and/or charges are not refundable in the event of your cancellation.

The charges are based on the estimated costs of cancelling your holiday and the expenses and losses we are likely to suffer if we cannot resell your holiday.

17. IF WE CHANGE OR CANCEL YOUR TRAVEL ARRANGEMENTS

It is unlikely that we will have to make any changes to your travel arrangements however occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date.

“Flight Only” 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 with or without additional costs; (c) Receiving a full refund which we receive back from supplier/airline with a deduction of credit/debit card (non-refundable) charges incurred by us at the time of the original booking and a small administration fee ; or (d) Some other right or remedy.

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 the carrier. Should a schedule change occur to your itinerary after full balance/ticket issue, on both the outbound or return flights the relevant supplier’s decision will be final and amendment charges may apply.

“Accommodation Only” Changes or Cancellations by the Accommodation Provider, We will inform you of any changes or cancellations as soon as reasonably possible. If the Accommodation Provider 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 Accommodation Provider is entitled to assume you wish to receive a full refund and we will process your refund with a deduction of credit/debit card (non-refundable) charges incurred by us at the time of the original booking and a small administration fee. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

“Package” If we make a minor change, which we could not reasonably expect to have a significant effect on your travel arrangements, no compensation will be paid, and you will not be entitled to cancel or change your travel arrangements without paying any appropriate cancellation or amendment fees.

If we make a major change to your travel arrangements, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies we receive back from supplier/Airline with a deduction of credit/debit card (non-refundable) charges incurred by us at the time of the original booking and a small administration fee. Examples of major changes include but are not limited to:

• Change of departure airport

• A reduction in the number of nights in your accommodation.

• A change of your resort area or your accommodation to a lower accommodation category for more than 70% of your stay

• A change in the time of your flight from the UK or your destination of more than 12 hours.

We will work on the basis of the flight times shown on your original confirmation invoice in deciding whether there has been a major change.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Any changes to the actual airline will be notified to you as soon as possible. Such a change is deemed to be a minor change. Other examples of minor 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 standard.

In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

Cancellation: We reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 8 weeks 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 your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). In some cases, we will also pay compensation (below).

Insurance: If we cancel or make a major 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.

Compensation: If we cancel or make a major change within 8 weeks of departure we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts.

Period before departure within which notice of Cancellation or major change is notified to you Credit/compensation per full paying passengers (excluding infants)*

More than 56 days NIL

43 - 56 days £10

29 - 42 days £20

8 - 28 days £30

0 - 7 days £40

Force Majeure We will not pay you compensation if we have to cancel or change your travel arrangements. For more details please refer to Clause 21.

18. DELIVERY OF DOCUMENTS

It is your responsibility to check that all travel documents issued are correct. The address for all documentation will be that given at the time of booking. Documents will normally be dispatched 7 days before departure. For bookings made within 14 days of departure it may be necessary for you to collect your air tickets at the airport at an extra charge. Any other vouchers will be posted / faxed to you direct. Scheduled airline tickets are sent by Royal Mail first class post. In the event of ticket loss or delay, it will be your responsibility to pay additional expenses incurred by us to arrange and post duplicate tickets. Guaranteed next day delivery can be arranged at additional cost, which can be advised at time of booking. LATE BOOKINGS may also require Special/Courier delivery of documents in which case we will tell you the charges at the time of booking.

E-TICKETS- Most 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 £30 per ticket will be levied in addition to any applicable airline charge.

19. IF YOU HAVE A COMPLAINT

We will try to resolve any complaint within 28 days of receipt of written particulars and any supporting documentation but in some cases (including for example, allegations involving injury or food poisoning) a longer period of time may be required.

If You have complaints about Our own service, You can contact Our Customer Services team via one of the methods described HERE

In accordance with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, we are also required to inform you of the EU’s Online Dispute Resolution Platform which can be accessed via http://ec.europa.eu/consumers/odr

“Accommodation Only” Where we are acting as agent, for Individual Components, the contract 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. Should You be unable to resolve Your complaint with the Accommodation, You must as a strict condition of Your booking with Us, obtain a written record of Your complaint from the Accommodation and send this to Us with a brief summary of Your complaint. We will, as a gesture of goodwill, liaise with the Accommodation Provider if applicable and suggest any options open to You. We will do Our best to help You, however please note that any complaint about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation (or Accommodation Provider as the case may be) and Yourself. We will coordinate directly with the Accommodation Provider to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. 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

“Package” Where you have booked a Package with us and if you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our agent or staff as soon as it occurs. If your complaint cannot be resolved/rectified, you must contact us, in writing, within 28 days of your return home.

If you do not raise the matter during your trip, 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.

Should you become ill whilst travelling, you must report this to the relevant supplier (e.g. your hotelier), and our agent or staff. You must also consult a local doctor and make arrangements to visit your GP when you return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor who you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.

You must not act in a fraudulent manner. You, any member of your party, or any person acting for you must not make false or exaggerated claims. If you, any member of your party, or anyone acting for you makes a claim knowing any part of it to be false or exaggerated, details will be passed to the relevant authorities and we shall seek to recover any payments made to you in connection with the associated claim.

Submitting a fraudulent claim is a criminal offence in the UK which could result in a criminal record and fine. Pursuing a fraudulent claim will also be illegal in the country where you took the holiday.

20. LAW & JURISDICTION

These Terms and the provision of Our Services shall be governed by and construed in accordance with English law and any dispute arising out of these general terms and conditions and Our Services shall be subject to the exclusive jurisdiction of English courts.

These booking terms and conditions are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. Additionally, your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time.

21. FORCE MAJEURE

We accept no responsibility for and shall not be liable in respect of any loss or damage or alterations, delays or changes arising from unusual and unforeseeable circumstances beyond our reasonable control, including for example war or threat of war, civil unrest or disturbances, strife, industrial dispute including air traffic control disputes, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions, volcanic activity epidemic, technical problems with transport, closure or congestion of airports or ports, cancellations of schedules by scheduled airlines or carriers. You can check the current position of any country by checking The FCO website visit www.fco.gov.uk

22. DATA PROTECTION POLICY

By making a booking with us, you agree to the terms of our Privacy Policy, which can be found on our website at https://www.travelup.com/privacy-policy and which may be updated from time to time.

Travel Up Limited is a registered data controller under the Data Protection Act 1998 with the Information Commissioner’s Office. In order to process your booking and ensure that your travel arrangements run smoothly and meet your requirements, we need to use the personal information you provide such as name and address along with any sensitive information such as any medical needs or dietary requirements as detailed in our Privacy Policy

We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information for all passengers on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.

Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not pass any information to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, medical requirements, dietary or religious requirements. If we are unable to pass this information to the relevant suppliers, whether in the EEA or not, we cannot proceed with your booking. By making this booking, you consent to this information being passed on to the relevant authorities.

Under Article 17 of the GDPR individuals have the right to have personal data erased, also known as the ‘right to be forgotten’. If you choose to exercise this right with TravelUp, we will only be able to comply when you do not have an active booking with us. You should also be aware that by exercising this right, it will mean we cannot process any claims, complaints or queries you may have. Additionally, if we do erase your personal data and you make a subsequent booking with us, you are giving us permission to store your details again and use them in accordance with our Privacy Policy

23. CAR HIRE

We are able to make car-hire reservations for You on request as agent for our car hire providers. Your contract will be with the rental provider whose details and rental terms and conditions are displayed when you select a car and on our payment page. We’ll send you a voucher at the time of reservation or close to the time you collect the car which will include everything you need to find your pick-up location. If the full payment is not made at the time of reservation you will be responsible to make any payment outstanding directly to the rental provider on collection of your vehicle which will be subject to the terms and conditions of hire with the rental provider which may include the payment of a security deposit and insurance cover.

We do not accept any liability for the vehicle hired which will be the subject of your agreement with the rental provider and subject to and governed by their terms and conditions and any applicable laws, regulations or Conventions.

Car Hire Essentials: Once you’ve booked your car hire through Us, there are a few requirements that You need to be aware of, including:

- Check your documentation

- Before travelling always make sure your driving licence is valid and that you have all parts of it together. You may also need an International Driving Permit (IDP) to drive in your destination, so make sure you check this before you travel.

- In some countries you may need to produce a check code obtainable form DVLC on https://www.gov.uk/government/news/hiring-a-vehicle

- Understanding the local legal requirements

- Learn the local road signs

- Depending on the country you’re driving in, you’ll legally have to carry certain items in your car. Check what these are before you travel and make sure you have in the car at all times when driving. This also applies to the local laws for, which side of the road to drive on, speed limits and drink driving limits. Make sure you’re familiar with all the rules before you travel.

Things can sometimes get confusing when driving a car abroad, so it’s important to get up to speed with the local road signs and how they may differ from those at home before collect the car.

Complimentary Car Hire Offers: These terms and conditions apply to our complimentary car-hire promotional voucher offer (“Voucher”) which is issued to our premium customers purchasing tickets from our websites (www.travelup.co.uk) (www.travelup.com) to destinations in the Caribbean, Canada and the USA (or any other destinations as specified from time to time by us) who are selected by us [at our discretion] to receive a Voucher. The Voucher will entitle the customer to reclaim from us a cash refund towards the cost of car-hire paid for by the customer up to a maximum entitlement equivalent to three (3) days hire [This applies only to vehicles provided to you by our nominated suppliers named on the Voucher].

To qualify you must keep the voucher in your possession at the time of when travelling and must produce the voucher at the airline check-in desk if asked. You must hold a valid driving license and have it in your possession. Once you have qualified for this promotion the deposit for the chosen vehicle will have already been paid by us should you wish to exercise your option or not. If you wish to proceed by hiring a vehicle under this exclusive offer, we will also refund to you up to a maximum of three days hire charges towards the fee you have paid our car hire partner provided you submit your claim with the appropriate voucher within 14 days of the rental agreement terminating and is subject to the terms and conditions detailed below.

If you are selected by us to receive a Voucher, you will be notified on the booking confirmation. You will then be entitled to receive the Voucher from us.

The Voucher can only be used to reclaim the refund as a contribution towards your car-hire fees paid for by you and has no separate cash value and cannot be transferred.

Only the hire of the approved vehicles (or similar) shall be eligible for a refund.

We do not accept any liability for the vehicle hired which will be the subject of your agreement with the service provider and subject to and governed by their terms and conditions and any applicable laws, regulations or Conventions.

To redeem the Voucher, you must present it to us together with evidence of full payment for the vehicle hire within 14 days of the return of the vehicle.

Any dispute as to the entitlement or value of the refund shall be as determined by us.

These conditions shall be governed by English law and any dispute subject to the exclusive jurisdiction of the English Courts.

24. CONTACT US& FAQ’s

If you have questions or want to get in touch? Click HERE for our FAQ’s and details of how to get in touch

Emergency contact: In the unlikely event that You have an issue, complaint or query at Your chosen Accommodation, it is a strict condition of Your booking that You take up Your issue with the relevant Accommodation Provider immediately and allow the Accommodation Provider the opportunity to offer a solution. We are unable to deal with any complaint which has not been brought to Our attention at the time the issue arose. Please refer to Clause 19

In cases of genuine emergency, we can be contacted HERE.

25. USE OF OUR WEBSITE

Terms of Use - The Site is provided solely to assist customers in Your territory to determine the availability of Accommodation and to make legitimate reservations and for no other purposes. You warrant that You are at least 18 years of age, permanently resident in the territory and possess the legal authority to enter into this agreement and to use this Site in accordance with all Terms herein. You agree to be financially responsible for all of Your use of this Site (as well as for use of Your account by others, including, without limitation, minors living with You). You agree to supervise all usage of this website by minors under Your name or account. You also warrant that all information supplied by You or members of Your party in using this Site is accurate. We reserve the right to cancel, amend or otherwise reject any booking where You fail to comply with the above.

Ownership & Use Of Material & Information On Our Website: This Website displays registered and unregistered intellectual property such as brands, designs, data, content, copyright material and trademarks, with rights in the United Kingdom and/or other countries and which belong to us, its licensor or associated companies or a third party. Other product and company names mentioned, and third-party content displayed on this Website are proprietary to their respective owners. You are not licensed to use any of the marks on our Website unless written permission is granted, and you may not meta tag any of these marks.

Unless otherwise stated, we own (or are licensed to use) the intellectual property rights in the content and information in this Website, including (without limitation) all text, sound, photographs, images, logos, videos, maps, podcasts, blogs, customer reviews, graphics, design, underlying source code and software. Subject to the “Authorised Use” section above, material and information, either whole or in part, from this Website may not be reproduced, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our and/or the appropriate owner's prior written permission.

We may provide hypertext links to other sites which are operated by other people. Using such alink, You acknowledge leaving the Site and proceeding at Your own responsibility.

26. MARKETING MATERIAL & FEEDBACK

By completing a booking, you agree to receive communications (email and/or text messages or phone calls) in relation to your booking. You will also be sent emails from our review partner requesting feedback about our services after you have travelled – completion is optional.

For clarity, communications about your booking and emails from our review partner are not the same as marketing emails, from which you can unsubscribe. See our Privacy Policy for details.

By completing a review, or providing feedback about your trip or our services, you grant us full permission to use all submitted content, including your name or alias, for free on our website, in our emails or on our social media channels (Facebook, Twitter, LinkedIn, Instagram). We reserve the right to translate, edit, adjust, refuse or remove material at our sole discretion.

27. DISCLAIMER OF LIABILITY

Nothing in this agreement shall, nor shall be deemed, to limit or exclude our liability for our fraud or for personal injury or death caused solely by our own proven negligence.

The information, software, and services published on this site may include inaccuracies or typographical errors. In particular, travel up hotels and its affiliates do not guarantee the accuracy of, and to the full extend permissible by law, disclaim all liability for inaccuracies relating to the site and the accommodation provider’s photographs, descriptions, facilities and amenities displayed on this website, all of which is provided by respective accommodation providers. Accommodation ratings displayed on this site are intended as only general guidelines and we do not guarantee the accuracy of the ratings or reviews. Changes are periodically added to the information herein. We and/or the respective accommodation providers may make improvements and/or changes on this site at any time without liability to you.

We and the respective accommodation providers make no representations about the suitability of the information, software, accommodation, and services contained on this site for any particular purpose, and the inclusion or offering for sale of any accommodation or services on this site does not constitute any endorsement or recommendation of such accommodation or services by us. All such information, software, accommodation, and services are provided "as is" without warranty of any kind. We and the respective accommodation providers hereby disclaim all warranties and conditions with regard to this information, software, accommodation, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The accommodation and other accommodation providers are independent contractors and not agents or employees of travel up hotels. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes and we/they have no responsibility for any additional expense, omissions, delays, re-housing or acts of any government or authority howsoever caused.

In no event shall travel up hotels, its affiliates, and/or the respective accommodation providers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of this site, whether based on contract, tort, strict liability, or otherwise, even if travel up hotels, its affiliates, and/or the respective accommodation providers have been advised of the possibility of damages.

If any provision of these Terms is or becomes invalid, unenforceable or non-binding, You shall remain bound by all other remaining provisions. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and You will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

28. PRICE MATCH GUARANTEE

TravelUp.com continually monitors and tracks millions of prices every day ensuring we offer you the best process possible.

If you book with us and within 12 hours of your booking being confirmed find your holiday on sale, and available to book, at a lower price on a UK based travel website, we will refund the difference to you, subject to the following terms and conditions:

Terms and Conditions

1. The Price Match Guarantee applies to identical holidays only (i.e. party size, dates, duration, flight times, flight numbers, in flight extras, transfers, hotel, room type, number of rooms and board basis) immediately available and accurately priced. The price match guarantee does not apply to Flight Only or Hotel Only Bookings.

2. The Price Match Guarantee request can only be submitted to us once your booking has been confirmed by us, and must be submitted within 24 hours of your confirmed booking.

3. The person responsible for making the booking (lead name) must make the claim.

4. The holiday booking you are asking us to Price Match must be from a legitimate ABTA Member and/or ATOL holder's website, available to book online and must include any handling charges, booking fees, credit card fees and such like.

5. The rate applicable to the holiday or hotel you are asking us to Price Match must be available to the general public and cannot include in its price any money off coupons, corporate discounts, promotional vouchers or offers or bulk-buy discounts.

6. Travelup.com must be able to obtain the same price without being a member or part of a loyalty scheme.

7. The holiday booking you are asking to Price Match must be in pounds sterling.

8. We are unable to match prices for >flight or hotel onlybookings..

9. You must provide a screen shot, URL or other evidence of a lower price with a competitor that can be confirmed by our customer services team.

10. Price Match Guarantee is only available for bookings made online.

If the price you have found abides by all of the above, simply email marketing@travelup.com from the lead passenger's email account.

Remember to include your booking reference number and all the details above.

Why you must claim within 12 hours

TravelUp.com obtains the best live prices at the time of your booking. Prices do change minute by minute, and the costs may go up or down in the future, but when you book you are then guaranteed the price applicable at the time of booking. Some Service Providers (e.g. airlines and hotels) may reduce or increase their prices closer to departure or during sale periods, but travelup.com will have already paid the original price on your behalf. Therefore we can only guarantee a Flight-Plus holiday price for 12 hours because prices can go up or down by the following day.

Please note we cannot accept responsibility where you have failed to send us the information requested in the format required or where a URL from the site you are asking us to Price Match is no longer active, as it prevents us from viewing the comparison holiday.

We will review the details of your Price Match request and reply to you via email within 7 working days. Refunds will be re-credited to the original card used to make your online purchase within 14 days.

We reserve the right to modify or discontinue the Price Match Guarantee or restrict its availability to any person at any time for any or no reason and without prior notice or liability to you.

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