Mr & Mrs Smith Booking Terms & Conditions
We act in the following capacities: as a package holiday organiser and as a booking agent for hotel-only bookings. Our obligations to you may vary depending upon which arrangements you book with us and we have tried to set them out below as clearly as possible. Section A applies to bookings where we act as an agent and Section B applies to package holiday bookings organised by Mr & Mrs Smith. Section C contains the terms which will apply to all bookings.
SECTION A: HOTEL-ONLY BOOKINGS WHERE WE ACT AS AGENT
This section applies to hotel bookings we make for you when acting as agent and should be read in conjunction with Section C below.
Mr & Mrs Smith acts as a booking agent for the hotel(s) it books on your behalf. When you make a booking, you are entering into a contract with the hotel via Mr & Mrs Smith, not with Mr & Mrs Smith itself. As an agent we accept no responsibility for the acts or omissions of the hotel or for the services provided by the hotel. The hotel’s terms & conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
For your security, payments online are made through secure servers. For all bookings, Mr & Mrs Smith will take a credit card number that is forwarded securely to the hotel to guarantee your booking.
Any advance deposits, additional fees or charges will always be clearly marked before you make your booking. Once paid, these deposit payments, additional charges and fees are non-refundable in the event of cancellation.
Your booking is confirmed and a contract between you and the hotel will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
Where an offer of availability is made by the hotel, your booking is not confirmed until you receive a booking confirmation. We therefore advise you to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 24 hours whether your booking has been confirmed. It is your responsibility to contact Mr & Mrs Smith if a confirmation email has not been received.
All currency conversions are based on data from openexchangerates.org and are only valid on the date of booking as a guideline. Payments are taken by hotels in the hotel's local currency and may be subject to exchange-rate fluctuations (depending on the date charged) and charges from your bank or credit card issuer for which we have no liability. If you wish to avoid this by fully prepaying your booking to us in your preferred currency please ask at the time of booking.
Please note: any applicable VAT/taxes may be subject to change at any time.
Hotel’s Amendment & Cancellation Policy
If you wish to amend or cancel a confirmed booking, you must contact us. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the hotel. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that hotel’s cancellation policy.
Hotel cancellation policies may outline a period before check-in when cancellations will be subject to payment of a cancellation charge. This period does not include the day of arrival – so, for example, a cancellation policy of ‘24 hours’ means a reservation must be cancelled at least 24 hours before the hotel's stated check-in time on the day before arrival to avoid the penalty. Any cancellations must be made by emailing or phoning the Smith24 team as soon as possible.
Where applicable, refunds will be made by the same method used to pay for the booking. Any payment made by credit card will be returned to that card and any payment made by voucher/loyalty money will be refunded as a voucher or by reinstating the loyalty money as appropriate. Please note that all deposit payment and additional charges paid at the time of booking are non-refundable.
Any changes to a booking that involve the addition of sequential nights to a stay will be considered an amendment to the original booking, regardless of whether the extra nights are booked by the person who made the original booking, or by another guest with whom they are staying.
Changes and Cancellations by the hotel
We will inform you as soon as reasonably possible if the hotel needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the hotel in relation to any alternative arrangements offered by the hotel but we will have no further liability to you.
Accuracy of prices & descriptions
Mr & Mrs Smith cannot be held liable for errors or omissions in bookings or pricing, either made by the hotel, or as a result of system failure of any kind. We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
We do our utmost to ensure all Mr & Mrs Smith hotel information is accurate, however hotel facilities may change at any time and any opinions expressed are subjective.
Our responsibility for your booking
Your contract is with the hotel and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Our exclusive deals & offers
Bookings for Mr & Mrs Smith's exclusive hotel offers or promotions are subject to the terms and conditions set by the hotel for its particular offer. All offers are on request and subject to availability which may change at any time. Offers may be subject to blackout dates which may be amended by the hotel at any time and which may not be specified on our website. They must be booked via the Smith24 team and cannot be reserved online. Some hotels will require a deposit or full prepayment on booking, which may be non-refundable in case of cancellation. Any special terms will be stated on the booking and included in your confirmation. Hotel offers and promotions (and any applicable terms and conditions) are frequently added or amended, and will therefore only apply to completely new bookings. Reservations made before the start of the offer or promotion cannot be cancelled and rebooked at the lower rate. Please note that the normal Smith extra may not always be applicable when booking a Mr & Mrs Smith exclusive hotel offer or promotion. If it does apply it will be stated in the text of the offer.
Because the contract for your arrangements is between you and the hotel, any queries or concerns should be addressed to them. If you have a problem during your stay, this must be reported to the hotel immediately. If you fail to follow this procedure there will be less opportunity for the hotel to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you still wish to complain when you return home, you can contact us and we will liaise between you and the hotel in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill only. We do not accept responsibility for dealing with complaints, nor do we have any liability for refunds or compensation.
Visa, passport and health requirements
It is your own responsibility to ensure compliance with immigration, visa and health requirements. Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to book. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the supplier of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
Bookings using vouchers/gift cards/loyalty money
Vouchers/gift cards/loyalty money are redeemable for stays at hotels in the Mr & Mrs Smith collection when booking via the Mr & Mrs Smith website or the Smith24 team.
Vouchers/gift cards/loyalty money are not redeemable directly with hotels or in any way with hotels that are not part of the Smith collection. Loyalty money is given on all hotel stays booked through mrandmrssmith.com or through our Smith24 team. The amount earned is based on membership status at the conclusion of the stay. Loyalty money is not given on any bookings made directly with hotels.
When a hotel stay has been part-paid using loyalty money, further rewards will only be accrued on the portion that has been paid for in cash or by debit/credit card.
Hotel stays paid in whole or part with a voucher/gift card or loyalty money must be pre-paid in their entirety at the point of booking (except when the voucher/gift card or loyalty money used is less than the deposit amount). Though we understand that this can sometimes be a slight inconvenience, this is the best way of ensuring there is no confusion over payment when you check out at the end of your stay.
A single-use voucher/gift card can only be used once.
Vouchers/gift cards are valid for 12 months after purchase. Loyalty money is valid for 24 months from completion of the qualifying stay after which it will automatically expire. Bookings must be made within this time, but stays can be taken outside of the validity period.
Vouchers/gift cards/loyalty money are redeemable only against accommodation costs. They may not be redeemed against incidental hotel costs or additional services.
Any outstanding unused credit will be held against the unique voucher/gift card code until used or the voucher/gift card/loyalty money expires.
Where a refund is applicable for cancelled bookings, the amount paid with vouchers/loyalty money will be refunded by the same method.
Vouchers/gift cards/loyalty money cannot be exchanged for cash.
Mr & Mrs Smith reserves the right to decline to accept vouchers/gift cards where, in its opinion, a voucher/gift card is invalid for the booking being made.
Lost or misplaced vouchers/gift cards may be replaced subject to submission of proof of purchase, and the purchaser’s confirmation of the voucher’s/gift card’s intended recipient.
A promotional voucher is an entitlement to a discount (up to the amount stated) off a qualifying booking for a promotional period.
Promotional vouchers cannot be used for bookings made directly with our hotels.
Vouchers have a cash value of $0.001 and are not transferable or assignable and cannot be sold at auction.
Each voucher can only be used once and may not be used for multiple bookings on consecutive nights at the same hotel.
Only one voucher can be used per booking.
Only one voucher can be redeemed per household.
When using a voucher, the full balance of the booking is payable at the time the order is placed unless the voucher value is lower than the deposit due.
Vouchers are valid for new bookings only.
A minimum stay or minimum spend may be applicable in order for a voucher to be valid (see individual vouchers for details).
Vouchers cannot be used with any other promotion or offer.
Vouchers are redeemable only against accommodation costs. They may not be redeemed against incidental hotel costs or additional services.
Mr & Mrs Smith reserves the right to refuse redemption of vouchers if they believe that they are being used by someone other than the intended recipient.
Mr & Mrs Smith reserves the right to decline to accept vouchers where, in its opinion, a voucher is invalid for the booking being made.
Mr & Mrs Smith reserves the right to cancel a promotion at any time.
Mr & Mrs Smith shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher or any failure or inability of a customer to use a promotional voucher for any reason.
We have the right to change these terms and conditions at any time.
Bookings handled for third parties
For package bookings in which Mr & Mrs Smith acts as an agent for third parties, the terms and conditions of those third parties shall also apply to your booking and you should read these carefully as they may limit or exclude their liability to you. Please see the booking terms for Lusso or Azure, as appropriate.
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section applies to package holidays organised by Mr & Mrs Smith and should be read in conjunction with Section C.
Mr & Mrs Smith Package Holidays
Where you book one of our package holidays consisting of flights (or other transport arrangements), accommodation, transfers and any other tourist services accounting for a significant proportion of the holiday organised Mr & Mrs Smith and sold to you at an inclusive price, you have booked a Mr & Mrs Smith Package Holiday. Your payments will be protected in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992 and Mr & Mrs Smith accepts responsibility as the organiser of this holiday.
Booking and Paying For Your Package Holiday
A booking is made with us when you pay us a deposit (or full payment if you are booking within 60 days of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent.
If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Financial Protection for package holidays
We provide financial security for flight inclusive package holidays through our ATOL with the Civil Aviation Authority under ATOL number 10745. When you buy a flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, when you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of $2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
If you book arrangements other than an ATOL protected package holiday from us, your monies will not be financially protected. Please ask us for further details.
The price of your travel arrangements has been calculated using exchange rates quoted in the www.openexchangerates.org at the time of booking.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
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 and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of $1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed 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.
There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period.
Changes by You & Transfer of Booking
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of $50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If you cancel your booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Period before departure within which notice of cancellation is receive by us in writing
Cancellation charge as a % of total booking price*
60 days or more
Loss of deposit
Less than 7 days
*In some cases the deposit may be a higher amount to secure your arrangements, this will be non-refundable and the charges will be added to the cancellation charges above
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
If We Change or Cancel
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of 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 or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of outward departure time or overall length of your arrangements of twelve or more hours.
- A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
- A significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your travel arrangements less than [60 days] before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for major changes) accepting the changed arrangements;
ii having a refund of all monies paid; or
iii 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).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
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 less than [60 days] before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure when a major change or cancellation is notified to you
Compensation payable per person
60 days or more
Less than 7 days
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a major change or cancel your arrangements more than [60 days] before departure;
- where we have to cancel your arrangements as a result of your failure to make full payment on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
- where we are forced to cancel or change your arrangements due to Force Majeure.
Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
Our Responsibilities to you in respect of Package Holidays
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or supplier/principals’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our suppliers have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii) (unusual or unforeseeable circumstances beyond ours or our suppliers control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is $25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel: the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
4) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier/principal(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier/principal agrees to provide for you.
Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier/principal concerned immediately.
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/principal 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.
SECTION C – APPLICABLE TO ALL BOOKINGS
This section applies to all bookings you make with us.
For all bookings, by making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- A. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- C. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- D. he/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the hotel in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pre-exiting medical conditions and other expenses. We are an appointed representative on behalf of Covermore Insurance and can help you arrange a suitable insurance policy. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Please note that special offers may be withdrawn without any notice.
Accommodation Ratings and Standards
All ratings are as provided by the relevant supplier and these may differ from the official ratings. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. It is your responsibility to provide us with full and accurate details on any special assistance you may require. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Data Protection and Privacy