• Sydney Australia - credit Jackie Appleton
    Sydney Australia - credit Jackie Appleton

Terms and Conditions

Experience Holidays

Booking Terms & Conditions

These Booking Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Sussex Travel Agency Limited, a company registered in England and Wales under company number 00851546, whose registered office address is at 6 Cortlandt 18 George Street, Hailsham, East Sussex, England, BN27 1AE, trading as Experience Holidays (we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. References to “you” and “your” in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

  1. has read these Booking Conditions and has the authority to and does agree to be bound by them;
  1. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
  1. 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;
  1. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act in the following capacities, as a Package Organiser, as a principal in a single service booking (i.e. an accommodation only booking) and as an agent. Our obligations to you will therefore vary depending upon whether we act as a Package Organiser in the sale of a Package holiday, a principal in the sale of a single service booking or as a booking agent to help you to arrange or book holiday products sold by a third party tour operator / supplier (“Supplier/Principal”). As a result, 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 contains the conditions that will apply to all bookings you make with us;
  • Section B contains the conditions which will apply when you make a booking with us where we act as the Package Organiser;
  • Section C contains the conditions which will apply where you make a single-service booking with us, where we are acting as Principal;
  • Section D contains the conditions which apply to agency bookings

SECTION A – APPLICABLE TO ALL BOOKINGS

  1. Booking

When you make your booking you must pay the relevant payment as specified at the time of booking.

Where we are acting as agent (and we will advise you if this is the case, at the time of booking) a contract between you and the Supplier/Principal will come into force in accordance with the provisions of Clause 30. Where we are acting as a principal in the sale of a Package holiday, your contract with us will come into force in accordance with the provisions of Clause 17.

If you believe that any details on any confirmation invoice, ATOL Certificate or any other document that we issue to you are wrong you must advise us immediately as changes cannot be made later 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. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.

  1. 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:

  • Where we are acting as the agent, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions; and
  • Where you have booked a Package where we are acting as the Package Organiser, you will be subject to our cancellation charges, please see section B below.
  1. Accuracy

We endeavour to ensure that the descriptions, holiday information and prices both on our website and in our advertising material 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 you make your booking.

Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.

  1. Special Requests

If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal but we do not guarantee that they will be met and we will have no liability to you if they are not.

  1. Insurance

Adequate travel insurance is a condition of your contract with either us or the Supplier/Principal 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; and other expenses. Failure to disclose relevant information may 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.

  1. Accommodation Ratings and Standards

Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. 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.

  1. Fitness to Travel and Medical Conditions

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 trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

Acting reasonably, if we (where we are acting as the Package organiser) or the Supplier/Principal (where we are acting as an agent) are/is 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 either cancel your booking and impose the cancellation charges listed in Section B or C (where your booking is with us) or inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

  1. Behaviour

Please be aware that the booking conditions of the Supplier/Principal will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Supplier/Principals will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the Supplier/Principal or any third party as a result of your conduct.

  1. Visa, Passport and Health Requirements

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your chosen holiday. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure. 

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

  1. Complaints

Where we are acting as agent, the contract for your arrangements is between you and the Supplier/Principal 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/Principal 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/Principal. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact us.

Where you have booked a Package holiday where we are acting as the Package Organiser, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If the relevant local supplier is not able to remedy your complaint, please contact either our local agent (where applicable, we will provide you with the contact details in your booking documents) or us on: 01323 446550.

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

Please note that we do not offer an Alternative Dispute Resolution service. You can however access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

  1. Force Majeure

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 “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

  1. Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

  1. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. 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.

  1. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 11).

  1. Vehicle Hire

It is essential that charges on credit cards are checked as correct at time of vehicle pick-up and drop-off as we cannot be held responsible for any irregularities that become apparent at a later time. It is your responsibility to ensure you have the correct licence and documentation to hire a vehicle, and to advise us prior to booking of any endorsements on your licence.

SECTION B: PACKAGE HOLIDAY BOOKINGS

This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.

  1. Definition of a Package

Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Terms and Conditions.

A “Package holiday” exists if you book a combination of two of the following separate travel services:

  • transport;
  • accommodation;
  • rental of cars, motor vehicles or motorcycles (in certain circumstances);
  • any other tourist service not intrinsically part of one of the above travel services;

provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

  1. Your Contract, Booking & Paying for Your Package

A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us a deposit (or full payment if you are booking within 70 days of departure or such other period of time before departure as is notified to you at the time of booking); and c) 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.

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 70 days prior to scheduled departure (or such other period of time before departure as is notified to you at the time of booking). 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 in the clause 21 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.

  1. Insolvency Protection for Your Package holiday

Flight Only sales and Flight Inclusive Packages

We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number 6609, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected product 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. 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 and European Economic Area (EEA).

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 (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.

Packages which do not include a Flight

For packages that do not include a flight, all passengers booking with Sussex Travel Agency Ltd are fully insured for the initial deposit and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Sussex Travel Agency Ltd. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.

Claims

In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk . Please ensure you retain the booking confirmation form as evidence of cover and value.

Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place. 

Note: If you book arrangements other than a package holiday or an ATOL protected flight from us, your monies will not be financially protected. Please ask us for further details.

  1. Pricing

The price of your travel arrangements has been calculated using exchange rates quoted by Western Union on an ongoing basis in relation to the following currencies: USD, CAD, AUD, NZD, ZAR, EUR, MYR, HKD.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

  • the price of the carriage of passengers resulting from the cost of fuel or other power sources;
  • the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
  • the exchange rates relevant to the package.

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.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (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 7 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, then any refund due will be paid to you less an administrative fee of £25. 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 20 days of your departure nor will refunds be paid during this period.

  1. If You Change Your Package Booking & Transfers of Package Bookings

If you wish to change any part of your Package booking 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 £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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 in accordance with clause 21.

Transfer of Package Bookings:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

  1. that person is introduced by you and satisfies all the conditions applicable to the holiday;
  2. we are notified not less than 7 days before departure;
  3. you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
  4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 21 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important 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.

  1. If You Cancel Your Package Booking Before Departure

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. The person to notify us of any cancellation must be the same person that originally signed the booking form.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us

Cancellation Charge

More than 70 days

Deposit (or other initial payment) only

70 – 43 days

35% of holiday cost (or deposit if greater)

42 – 29 days

50% of holiday cost (or deposit if greater)

28 – 15 days

80% of holiday cost (or deposit if greater)

Less than 14 days

100% of holiday cost

Please note that amendments charges are not refundable in any circumstances.

Important 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.
  • From time to time the cancellation terms applicable to your chosen arrangements may differ from those that are set out above. Where this is the case we will clearly advise you of the applicable cancellation terms, at the time of booking.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause 21 outlines the rights you have if you wish to cancel a Package booking where we are acting as the Package Organiser. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

  1. If We Change or Cancel Your Package Booking

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 significant change to your confirmed arrangements. Examples of “significant 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 by more than 12 hours.
  • A change of UK departure airport except between:
    • The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
    • The South Coast airports: Southampton, Bournemouth and Exeter
    • The South Western airports: Cardiff and Bristol
    • The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
    • The Northern airports: Liverpool, Manchester and Leeds Bradford
    • The North Eastern airports: Newcastle and Teesside
    • The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
  • A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your travel arrangements less than 63 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 significant 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:

  • (for significant changes) accepting the changed arrangements; or
  • having a refund of all monies paid; or
  • accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
  • if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

  • If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
  • If we cancel your booking and no alternative arrangements are available.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

Amount you will receive from us*

More than 70 days

Nil

70 – 43 days

£10

42 – 29 days

£20

28 – 15 days

£30

Less than 14 days

£40

*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

  • where we make a minor change;
  • where we make a significant change or cancel your arrangements more than 63 days before departure;
  • where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  • 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 (see clause 11).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

  1. Our Responsibilities for Your Package Booking
  • We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
  • 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:
  • the acts and/or omissions of the person affected; or
  • the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
  • Force Majeure (as defined in clause 11).
  • We limit the amount of compensation we may have to pay you if we are found liable under this clause:
  • 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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
  • Claims not falling under (a) 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 up to three times 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.
  • Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
  1. 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.
  2. 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.
  • It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(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 us 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.
  • 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; or
  • relate to any business.
  • We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
  • Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
  1. Prompt Assistance

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking 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. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence. 

  1. Delays, Missed Transport Arrangements & 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 concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. 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. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 11 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

Our advertising material is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

SECTION C – SINGLE SERVICE BOOKINGS

This section applies to all single service bookings that you make with us (e.g. an accommodation only booking) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

  1. Insolvency Protect for Flight Only Bookings

We provide financial security for ATOL protected flights by way of our Air Travel Organiser’s Licence number 6609, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

Please see Clause 18 for further information as to the ATOL protection provided, where you make a Flight Only booking with us.

  1. If You Change or Cancel Your Booking

Changes:

If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. Certain ticket arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.

Cancellations:

If you or any other member of your party decides to cancel your confirmed single service 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. The person to notify us of any cancellation must be the same person that originally signed the booking form.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us

Cancellation Charge

More than 70 days

Deposit (or other initial payment) only

70 – 43 days

35% of holiday cost (or deposit if greater)

42 – 29 days

50% of holiday cost (or deposit if greater)

28 – 15 days

80% of holiday cost (or deposit if greater)

Less than 14 days

100% of holiday cost

Important 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.
  • From time to time the cancellation terms applicable to your chosen arrangements may differ from those that are set out above. Where this is the case we will clearly advise you of the applicable cancellation terms, at the time of booking.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause 27 outlines the rights you have if you wish to cancel your single service booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

  1. If We Change or Cancel Your Booking

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

Very rarely, we may be forced by “force majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

  1. Our Responsibilities
  • Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
  • 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:
  • the act(s) and/or omission(s) of the person(s) affected; or
  • 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
  • unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
  • an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
  • We limit the amount of compensation we may have to pay you if we are found liable under this clause:
  • 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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

  • Claims not falling under (a) 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 you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

  • It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(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.
  • Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.
  • We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

SECTION D – BOOKINGS WHERE WE ACT AS AGENT

This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.

  1. Your Contract

When making your booking we will arrange for you to enter into a contract with the Supplier/Principal named on your confirmation invoice. As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the Supplier/Principal. The Supplier/Principal’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.

Until your booking has been confirmed by the Supplier/Principal (or by ourselves, on the Supplier/Principal’s behalf), no contract has been formed between you and the Supplier/Principal.

  1. Payment

If you have paid 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 Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Except where otherwise advised or stated in the Terms and Conditions of the Supplier/Principal concerned, all monies you pay to us for arrangements will be held on behalf of the Supplier/Principal(s) concerned.

  1. Cancellation & Amendment

Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the Terms and Conditions of the Supplier/Principal of your chosen travel arrangements. If you cancel or amend your booking the Supplier/Principal may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements you have booked) and you must pay us the administration charge stated below.

  1. Changes or Cancellations by the Supplier/Principal

We will inform you of any changes or cancellations made by the Supplier/Principal, as soon as reasonably possible. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the time frame stipulated. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.

  1. Administration Charges

In certain circumstances we apply an administration charge for the services we provide:

SERVICE

ADMINISTRATION CHARGE

Cancellation or amendment

Supplier/principal’s charge + £25

Special requests after booking has been confirmed

Supplier/principal’s charge + £10

  1. Our Responsibility for Your Booking

Your contract is with the Supplier/Principal 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 have earned 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.

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Experience Holidays is fully bonded under the Civil Aviation Authority ATOL scheme and is a member of the Worldchoice Consortium.
All the flights and flight-inclusive holidays sold by us on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk
Book your holiday with confidence, safe in the knowledge that your money is protected and your holiday is in safe hands.

Not all holiday or travel services offered on this website will be protected by the ATOL scheme. Those package arrangements which do not include any flights and therefore not protected by our ATOL are covered by TRIP. See TRIP statement here.