The following Booking Conditions, together with all information relating to your chosen holiday contained on this website or in our relevant brochure, form the basis of your contract with Fly360.com (Part of U Travel 360 Ltd Registered at 38 New Bank Road Blackburn Lancashire BB2 6JW Tel: 01254 676967) . Please read them carefully as they set out our respective rights and obligations.
1. Making your booking
The party leader is responsible for making all payments due to us as referred to in below. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by sending a Booking Confirmation and Invoice to the party leader. Everyone going on holiday must check all documents (including the Booking Confirmation and Invoice) carefully. Contact us immediately if any information which appears on any document appears to be incorrect or incomplete as it may not be possible to make changes later.
In order to confirm your chosen holiday, usually a deposit of £130 per person for short breaks and £180 per person for all other holidays (or full payment if your booking is received within 8 weeks of departure) must be paid at the time of booking. In order to secure particular flight fares, we may require a higher deposit than normal (to include the full cost of the flight element) to be paid at the time of booking. We will advise you of this before you confirm your booking. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking (you must be insured). Please note: if you pay by credit card a 2% charge will apply. The balance of the holiday price must be received by us not less than 8 weeks prior to departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we will send you a written reminder. If you do not pay all payments due in full within 7 days of receiving this reminder, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in below will be payable. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, all monies paid to such agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you
We consider adequate travel insurance to be essential. Details of the policy we offer are shown on this website and in our printed brochures. If you decide not to purchase this insurance, you must give details of your alternative policy (insurer and policy number) in writing at the time of booking. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We are not in a position to check alternative insurance policies.
4. Your contract
A binding contract between us comes into existence when we dispatch your Booking Confirmation and Invoice to the party leader. English law (and no other) will apply to this contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales . If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
5. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of up to £50 per element altered will be payable together with any costs or charges incurred by us and/or incurred or imposed by any of our suppliers.
6. Cancellation by you
Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing by recorded delivery post or fax. Your notice of cancellation will only be effective when it is received in writing by us at our offices. If we receive your notice of cancellation 8 weeks or more before departure, we will retain the full amount of your deposit (NB "deposit" includes, in addition to any other monies paid or due at that time, all amounts paid or due at the time of booking in respect of any flight(s) you have booked). If we receive it less than 8 weeks before departure, the following charges will be payable per person cancelling: NB The charges set out below are shown as a percentage of the total cost of the holiday* payable by the person(s) cancelling excluding insurance premiums and any amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling 56 or less 100%. *Please note: where you have booked a flight inclusive holiday with us where the cost of the flight(s) was not included in the basic price of your holiday but was payable in addition to that price, you will also have to pay the full cost of the flight element in addition to the cancellation charges set out above if you cancel less than 8 weeks before departure If any member(s) of your party is/are prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing the following requirements are complied with. We must be notified of the transfer(s) in writing (giving full details of the original and substitute party member(s)) not less than two weeks before departure. A transfer will not be possible if there is a waiting list for places in which case the available place must be offered to the next person on that list. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
7. Changes and cancellation by us We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to make a "significant change" before departure, such as: a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, alterations to your confirmed place of departure that add more than 100 miles to any single leg of your journey. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:- (a) accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel we will as a minimum where compensation is due pay you reasonable compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached - in this case we will notify you not later than 8 weeks before departure. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday. Except as set out above, we will in addition, where appropriate, pay you any reasonable proven costs and expenses you incur as a result of a cancellation by us. Very rarely, we may be forced by "force majeure" to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers) pay you any compensation or be responsible for any costs or expenses incurred by you as a result. NB. If you have booked a flight through us and your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those
arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 or www.auc.org.uk. Fly360.com reserves the right to cancel reservations and bookings in the event of a:
a) In case of an obvious error (including any error in electronic labelling, error in data entry, error of calculation or clerical error) resulting in the display of a price which has obviously been displayed by mistake, we reserve the right to cancel your reservation, even if it was automatically confirmed by Fly360.com. You will be informed of this as soon as possible, to allow you to make a reservation at the correct price, if you wish to. In any case, you will not be entitled to claim compensation from Fly360.com on the grounds of the cancellation or the related costs, if any, that have been incurred due to an erroneous reservation which has been cancelled.
b) We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we may cancel your booking with no liability whatsoever. In the event that your booking is cancelled, a full refund will be made of all monies previously paid to us to the person/s who originally paid for the booking.
c) Behaviour of which is not conducive to the desired working environment. The safety of our staff and clients is upmost importance. If we feel that our teams members or providers are under violation of abusive, verbal or physical. We reserve to the right to cancel reservation(s) and discontinue processing any bookings. Any refunds would be paid in the original method.
8. Our liability to you (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:- (a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or (b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) 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 or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500 per person affected (unless a lower limitation applies to your claim under this clause) as you are assumed to have taken out adequate insurance at the time of booking. (2) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. (3) Where any claim or part of a claim concerns or is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (including, for example, the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability No 889/2002 for national and international travel by air and the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. 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. (4) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. (5) If you or any member of your party suffers illness, injury or death, through misadventure, as a result of an activity which does not form part of your contracted holiday arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £1000 per booking. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
9. Your responsibilities Bookings are accepted on the understanding that all persons travelling are normally in good health and able to fulfil the physical demands of the chosen holiday. Please do not take risks while on an activity holiday. In the interests of safety, you must follow the guidance in our notes, as well as that provided by anybody on our behalf; comply with any local codes of conduct, follow the Country Code, and act sensibly and prudently at all times. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (including lost keys) must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.