These booking conditions, together with our privacy notice and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Factor 50 Travel Limited ("we" or "us"). Please read them carefully as they set out our respective rights and obligations. In these booking conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. If you have any further questions after reading these booking conditions then please contact our Customer Team who will be happy to help you.
We act only as an agent. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.
ABTA
We are a Member of ABTA, membership number P7133. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found at www.abta.com.
Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
Booking
By making a booking, you agree on behalf of all persons detailed on the booking that you have read these booking conditions and agree to be bound by them and you are over 18 years of age.
When you make your booking you must pay the relevant deposit as specified at the time of booking. If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as it may not be possible to make changes later, you may incur charges to make changes and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make any charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport.
Complaints
The contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the supplier as set out in your booking confirmation. We will of course assist you with this if you wish - please contact our Customer Team. If the matter cannot be resolved and it involves us or another ABTA member then then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com.
Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. Except where we act as package organiser (see “Where we are package organiser” below), we accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
Delivery of Documents
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other documents need to be reissued.
Flights
When booking flights with most low cost airlines, we will act as your booking agent on criteria specified by you. In relation to such bookings, you appoint us to source those flights on your behalf and you are our principal. We will arrange for you to enter into a contract directly with the airline concerned. Your payment obligations will be as agreed between you and us. In all other respects, you will be subject to the airline's terms and conditions which you must refer to on the relevant airline's website. You are advised to read these carefully prior to requesting us to book your flight. By making a booking for which we are acting as your agent, you specifically agree to the terms of this clause. We accept no liability in relation to any contract you enter into with the airline, or their acts or omissions, or for the flight service itself.
Charter flights: When you book your charter flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider.
Insurance
You are strongly advised to take out suitable insurance for you and anyone travelling with you. Certain holidays and destinations may require proof of adequate insurance from you.
Suitable insurance would include the cost of assistance (including repatriation) in the event of accident or illness, loss of baggage and money, cancellation fees and other expenses.
If we have arranged 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.
If You Want To Change or Cancel Your Holiday
Any cancellation or amendment request must be sent to us in writing by the lead passenger and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their booking conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and you also must pay us any applicable administration charges.
Our responsibility for your booking
Your contract is with the supplier and its booking conditions apply. Unless we act as package organiser (see “Where we are package organiser” below), as agent, we accept no responsibility for the actual provision of the travel services. 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 three times the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Our Service Charges
In certain circumstances we apply service charges which will be shown on your booking confirmation as follows:
• "Administration Fee for Supplier Failure Cover" (see “Your Financial Protection” below)
• "ATOL fee" (see “Where we are package organiser” below)
• "Service Charge" – a charge for the booking agency services we provide to you.
Please note that the term Service Charge does not refer to us putting together a holiday package, it is our standard charge for the service of acting as booking agent.
Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. For more information on passports please visit https://www.gov.uk/browse/citizenship/passports
Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.
Payment
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
Where you fail to make payments as a result of a low deposit scheme, amendment fees, balance payments, or cancellation charges, Factor 50 Travel reserve the right to pass your details to a third party debt collection agency for collection, which may result in legal action. If your account is passed on to a third party debt collection agency, additional fees and legal expenses will be added to your account by the third party debt collection agency.
Special Requests
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 do not guarantee that they will be met and we will have no liability to you if they are not.
Your Contract
When making your booking we will arrange for you to enter into contracts with the suppliers (tour operator, airline or other supplier) named on your booking summary. For most bookings we act as agent for the supplier but we act as your agent when making a booking with most no frills airlines. Details will be given at the time of booking. The supplier's booking conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. They may limit or exclude the supplier's liability to you, as well as in accordance with applicable International Conventions. Please ask us for copies of these if you do not have them. Until a component has been confirmed by the individual supplier, no contract has been formed.
You may wish to purchase flights, hotel, car rental, transfers or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. However, depending on which arrangements you book with us a combination of travel services may be a package under the Package Travel Regulations for which we are responsible as package organiser (see “Where we are package organiser” below).
Your Financial Protection
Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines unless they are part of a package (see “Where we are package organiser” below). Where necessary, we will add supplier failure insurance to your booking automatically. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation.
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.