Consumer Travel Services Agreement
These terms cover the conditions on which we supply travel agency services (“Services”) to you to arrange a holiday, full details of which are set out in the Booking Form (“Holiday”). Please read these terms carefully before you submit your signed Booking Form to us. These terms have legal consequences and will affect your legal rights and will limit your ability to bring future legal actions.
By signing the booking authorisation form (the “Booking Form”) you acknowledge your understanding and acceptance of these terms (the "Terms").
1 WHO WE ARE
1.1 We are Wotton Travel Limited (“we/us/our”), a company registered in England and Wales under company number 01973158. Our registered address is New Mills, Wotton Under Edge, Gloucestershire, GL12 8JR.
1.2 Wotton Travel Ltd is a subsidiary of Renishaw plc, whose registered offices are New Mills, Wotton under Edge, Gloucestershire, GL12 8JR, United Kingdom. Registered in England and Wales under number 1106260. Regulated by the Financial Services Authority and listed on the London Stock Exchange. VAT number GB 422-9005-81.
1.3 You can contact us by email on firstname.lastname@example.org or by phone on 01453 525200
2 OUR CONTRACT WITH YOU
2.1 Travel arrangements which we sell are an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer or to reject it. A binding contract shall be formed between you and us once (a) we have accepted your offer and confirmed that we can proceed with your booking request and (b) you have signed the Booking Form.
3 OUR RESPONSIBILITIES
3.1 We have a legal duty to provide the Services to you using reasonable care and skill. The combination of Services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages and we will be fully responsible for the proper performance of your whole package. We have a liability to you for the performance of the travel services constituting your Holiday whether or not they are performed by third parties and to provide assistance without any undue delay if you are in difficulty.
3.2 Please let us know, as soon as possible, of any problems you have using the details set out in clause 15.9.
4 PAYMENT OF DEPOSIT AND BALANCE DUE DATE
4.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price indicated on the Booking Form on which you placed your order. We use our best efforts to ensure that the price of the Services advised to you is correct. However, please see paragraph 4.4 for what happens if we discover an error in the price.
4.2 When you must pay and how you must pay. At the time of booking you may be required to pay us a non-refundable deposit per person as set out in the Booking Form. We may offer you different payment options (such as a different balance due date, or low/zero deposit booking offers which may be linked to paying by direct debit). Those options apply together with these booking conditions, and your payment obligations to us under these booking conditions apply whether or not you agree to different payment options at the time of booking.
(a) Deposit. To confirm your booking, you may be required pay a deposit as a percentage of the cost of your trip. The percentage required will be set out in the Booking Form Your deposit will be non-refundable, unless we are unable to accept your offer in accordance with clause 2 or if you have a right to a refund as set out in these Terms.
(b) Final balance. The final balance must be paid 8 (eight) weeks in advance of your trip. If you have not paid your deposit or your final balance, we may cancel the booking in accordance with clause 12.4.
4.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date of your travel, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
4.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the holiday packages we sell may be incorrectly priced on the website or in store. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5 PAYMENT PROTECTION
5.1 Some flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. Where this applies, in the very unlikely event of our insolvency the ATOL protection will ensure you are able to continue your travel arrangements as planned (if already abroad) or refunded in full if travel has not already commenced.
5.2 When you pay you may be supplied with an ATOL certificate. Where one is provided. please check to ensure that everything you booked (flights, hotels and other services) are listed on the certificate.
5.3 For more information about financial protection and the ATOL certificate go to: www.atol.org.uk/ATOLcertificate.
5.4 Our ATOL number is 6795
6 YOUR RESPONSIBILITIES
6.1 It is your responsibility to ensure you:
(a) co-operate with us in all matters relating to the Services and your Holiday;
(b) provide us with information and materials as we may reasonably require in order to supply the Services or your Holiday, such as your name and passport details, and ensure that such information is complete and accurate in all material respects;
(c) research and fulfil the passport, visa and other immigration requirements applicable to your travel;
(d) research and obtain all necessary vaccinations for your itinerary;
(e) obtain and maintain holiday insurance;
(f) are on time for your flight and reconfirm your accommodation and transport in advance;
(g) contact us at your earliest convenience, ideally during your Holiday, if you are not happy with the Holiday or the Services provided using the following details email@example.com.
(h) your actions and the effect they may have on others, for example, annoyance or disturbance; and
(i) comply with all applicable laws.
7 DATA PROTECTION
8 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
8.3 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9 CANCELLATION OR ALTERATION BY US
9.1 Changes to prices. Once the booking is confirmed in accordance with clause 2, there are only limited circumstances in which we can make a change to the price of your booking. Any such change will take place, at the very latest, 20 days before you are due to commence your booking. The changes can be made if there are changes to (a) the price of your travel, for example, due to the cost of fuel or power sources, (b) the taxes or fees on your booking (such as tourist taxes, landing taxes or disembarkation fees at ports), (c) exchange rates relevant to your booking. If the price increase, levied in accordance with this clause, exceeds 8% of the total price of the package then you will be entitled to (1) accept the price increase, (2) accept another package holiday we propose to you or (3) reject the proposed package holidays and the price increase and cancel the contract without paying a termination fee and we will refund you all payments made by you no later than 14 days later. If you accept a proposed alternative package holiday which is lower in price than your booking we will offer you an appropriate price reduction. We will give you a reasonable period within which to let us know your decision but, if, after having been notified for a second time and not responded, then we may cancel your trip and refund all payments made by you at the latest within 14 days.
9.2 Changes to the package. We may make small or insignificant changes to your Holiday before you travel. We will inform you as soon as possible if such changes are required. If a significant change is required due to events beyond our reasonable control, for example, if there has been a change to the airport you are flying from or to or we can no longer fulfil any special requirements specified in your Booking Form, then we will inform you in advance and you will be given the right to either (1) accept the change, (2) reject the change and receive a refund or (3) if an alternative is presented to you by us, accept an alternative package holiday of a similar value. If you chose option (1) or (3) and your new package is of a lesser value than your Holiday then we will refund you the difference. We will give you a reasonable period within which to let us know your decision but, if, after having been notified for a second time and not responded, then we may cancel your trip and refund all payments made by you at the latest within 14 days.
9.3 Cancellation for other reasons. We may terminate your booking with immediate effect by giving written notice to you if:
(a) you fail to pay any amount due under these terms on the due date for payment; or
(b) you fail to turn up for an outbound flight. In these circumstances you will not be entitled to a refund of any amount.
10 CANCELLATION OR ALTERATION BY YOU
10.1 Request for additional services. If you wish to add things to your holidays, such as additional transfers, we will do our best to accommodate such requests, subject to availability, but such additional services will be charged at the prevailing rate at the time.
10.2 Our suppliers' charges. If the relevant supplier does allow changes you'll have to pay the amendment charges imposed by the supplier. We'll tell you what those charges are at the time you request for the change to your booking to be made. If you would like details of those charges before you make a booking with us, please ask us and we will check the current charges with the suppliers involved in your booking. Please note however, that suppliers charges may change between the time you book and the time you request a change to be made. Please also note that destination, date, accommodation and name changes can be treated by some suppliers as a cancellation and rebooking, regardless of the period of notice you give to us. Suppliers may charge up to 100% of the transport and/or accommodation element of your booking and you must also pay our amendment charge listed in the table above. In all cases, we will treat a request to change the date of travel to another date more than 6 months after your original travel date as a cancellation and rebooking and our cancellation charges will apply. Name changes (including changes to initials), on bookings including transportation and/or accommodation may be treated as a cancellation and re-booking and you'll be asked to pay any costs we incur from the transport or accommodation provider, plus our applicable amendment charge set out in the table below.
10.3 Amendments to your booking. If you wish to make amendments to your holiday we will do our best to make such amendments for you, subject to availability, but we may charge you an amendment fee. You may also have to pay any fees requested by our suppliers. Changes to dates or destinations may be treated as cancellation by you and be subject to clause 10.5
Notice given more than 84 days
|Notice given 84 - 29 days||Notice given 28 days or less|
|Destination airport charge||No amendment fee if new holiday cost is higher. Otherwise £50 per person per change||£150 per person up to maximum of £500 per booking in any one day||Cancellation charges see paragraph 10|
|Date of Travel||No amendment fee if new holiday cost is higher. Otherwise £50 per person per change||£150 per person up to maximum of £500 per booking in any one day||Cancellation charges see paragraph 10|
|Accomodation change||No amendment fee if new holiday cost is higher. Otherwise £50 per person per change||No amendment fee if new holiday cost is higher. Otherwise £50 per person per change||Cancellation charges see paragraph 10|
|Accomodation Room type/ Board basis change|
10.4 Changes to party details. It is your responsibility to ensure all details on your Booking Form are correct and all party details provided to us are correct. Any resulting amendments may require an additional administration charge of £50 per person per change.
Days before departure date when receive your notice to cancel
More than 84 days
Loss of deposit
84 - 64 days
30% (or loss of deposit if greater)
|63 - 50 days|
50% (or loss of deposit if greater)
|49 - 29 days|
70% (or loss of deposit if greater)
|28 - 15 days|
90% (or loss of deposit if greater)
14 days or fewer
100% cost of holiday
11 EU NOTICE REQUIREMENTS
11.1 In accordance with EU Regulation (EC) No.2111/2005, Article 9, 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. The Community List is available for inspection at http://air-ban.europa.eu/.
11.2 We are also obliged to notify you of the airline(s) to be used in your booking. For details please see your Booking Form or, if we were unable to inform you at the time of booking, we will inform you as soon as we become aware of this information. You will be notified if any carrier changes as soon as possible. Please note that a change of carrier will not entitle you to cancel or change to another flight arrangement without paying normal charges.
11.3 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. Details of these rights will be publicised at EU airports and will also be available from your airline. It will be your responsibility to claim any such damages directly from the airlines.
12 OTHER IMPORTANT TERMS
12.1 Changes beyond our control. If our supply of the services is delayed or prevented by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or prevention. Provided we do this we will not be liable for prevention or delays caused by the event. However, if there is a risk of substantial delay or we are prevented from carrying out the services you may contact us to end the contract and receive a refund for any services you have paid for but not received.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided
12.3 You may transfer your rights to someone else who fulfils all the conditions applicable to the contract. You may transfer this contract to another individual that fulfils the conditions applicable to this contract. You must inform us of any such transfer as soon as possible and, at the very latest, 7 days before the day on which you are due to travel. We reserve the right to charge you a for any reasonable fees, charges and other costs that we incur by in connection with such request.
12.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing" or “written” in these Terms, it includes emails.
12.7 No one else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
12.8 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
12.9 Complaints. You should contact us at your earliest convenience, ideally during your Holiday, if you are not happy with the Holiday or the Services provided using the following details firstname.lastname@example.org. If you are not happy with how we have handled any complaint, you may want to contact ABTA via their website at https://www.abta.com/ who can offer you an arbitration scheme for the resolution of disputes in connection with this contract. We are a member of ABTA (membership number W8484, 87610). If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Details of contacts for support whilst away:
Name: Wendy Walker - Director
Address: 4 High Street, Wotton-under-Edge, Gl12 7DB
Telephone Number: 01453 525200
Email address: email@example.com