HALSALL TRAVEL AN INDEPENDENT AFFILIATE OF COLLETTS TRAVEL LIMITED
TERMS & CONDITIONS OF BOOKING
These terms and conditions apply to leisure holiday bookings made with Halsall Travel trading as an independent under Colletts Travel
SECTION A – ALL BOOKINGS
- These terms
- What these terms cover. These are the terms and conditions on which we sell travel arrangements and package holidays to you. The terms and conditions which apply to your booking depends on what you have booked with us. If you have booked a single component travel arrangement with us, for example a flight-only booking or a hotel-only booking, or a package holiday organised by a third party, we act as an agent on behalf of the third-party supplier of the flight, hotel, package holiday or other such travel arrangement (the “Supplier/Principal”), and your contract for the travel arrangement you have booked is with that Supplier/Principal. Section A and C of these terms apply to your booking. If you have booked a combination of travel arrangements organised by us, you have booked a “Colletts Travel Package Holiday” (as defined fully at clause 15), then your contract is with us and Section A and B apply to your booking.
- Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will sell travel arrangements and package holidays to you, how you and we may change or cancel your booking, what to do if there is a problem and other important information.
- Information about us and how to contact us
- Who we are. We are Halsall Travel an independent affiliate of Colletts Travel Limited, a company registered in England and Wales. Our company registration number is 11519155 and our registered office is at 26 Main Avenue, Moor Park, HA6 2HJ
- How to contact us. You can contact us by telephoning our customer service team at +44(0)208 0800 419 or by writing to us at the address in clause 2.1 or by email to email@example.com
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Your booking
- When you make a booking with us, the first named person on the booking agrees on behalf of all persons named on the booking that he/she:
- has read these terms and has the authority to and does agree to be bound by them;
- 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;
- accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.
- When you make a booking with us, the first named person on the booking agrees on behalf of all persons named on the booking that he/she:
- Your booking
- How we will accept your booking. Our acceptance of your booking will take place when we send you a booking confirmation email that will confirm the details of your booking. If your confirmed booking includes a flight, we will also issue you with an ATOL Certificate.
- Your responsibility to check your documents. It is your responsibility to check the booking confirmation, ATOL Certificate and any other documents we send you carefully and to let us know immediately in the event of any error or inaccuracy, as it may not be possible to make changes later. Please ensure that the names on the booking confirmation exactly match the names as spelt in your passport (including all middle names).
- If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you. If you have already made payment, we will refund this to you. This might be because the holiday is no longer available, or because we have identified an error in the price or description of the holiday.
- Your booking reference. We will assign a reference number to your booking and tell you what it is when we confirm your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.
- Price and payment for your holiday
- Where to find the price for the holiday. The price of the holiday (which includes VAT) will be the price indicated on the booking pages when you placed your booking. We take all reasonable care to ensure that the price of the holiday advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the holiday you booked.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the holidays we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the holiday’s correct price at your booking date is less than our advertised price at your booking date, we will charge the lower amount. If the holiday’s correct price at your booking date is higher than the price advertised, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your booking and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment by all major credit cards, including Visa, Mastercard, American Express and Diners Club. When you must pay depends on when you booked, and the type of holiday you have booked:
- In order to make a booking with us, you must pay a non-refundable deposit of £150 at the time of booking, plus any required pre-payments and insurance premiums. Such prepayments may include higher deposits on certain cruise, train or coach holidays, components that require advance deposits, or domestic and internal flights that require immediate ticket issue. These amounts will be identified to you at the time of booking. For some holidays, a higher deposit will be payable or it may be necessary to make full payment at the time of booking.
- If you have paid a deposit, the balance of the cost of your holiday is payable not less than 56 days before your holiday start date, unless you are informed otherwise at the time of booking. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your holiday and we shall retain the deposit paid as the applicable cancellation charge in accordance with clause 2, or where you have booked a single-component travel arrangement with us, we will notify the Supplier/Principal who may cancel your booking, and retain your deposit.
- If you make a booking within 56 days of your holiday start date, you must make payment of the full holiday amount at the time of booking.
- Local charges not included in the price. Subject to clause 5, the price of your holiday includes all government taxes as applicable at the time of booking that do not have to be paid locally. Those that have to be paid locally by you are extra and are your responsibility (such as international airport departure tax or local resort taxes). You will be advised of the amount of any such local charges where known by us before your booking is confirmed.
- Halsall-Colletts Travel Package Holidays. If you booked a Halsall-Colletts Travel Package Holiday, additional terms apply to your booking. Please see clause 18.
- Your rights to make changes to your confirmed booking
- How to request a change. If, after we have issued you with a booking confirmation, you wish to make a change to the holiday you have booked, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the holiday or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we (or the Supplier/Principal) cannot make the change or the consequences of making the change (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 7 – if you wish to cancel your confirmed booking).
- Our amendment fee. Where your requested change can be met, you must pay all costs and charges incurred or imposed by any of our suppliers (or, where we are acting as an agent, the Supplier/Principal) together with an amendment fee of £20per change per booking before the change can be made.
- Not all arrangements can be amended. Please note that certain travel arrangements (such as flights) cannot be changed or transferred after they have been confirmed and any change could incur a cancellation charge of up to 100% of that part of the arrangements and require you to re-book.
- Your right to cancel your confirmed booking.
- You may cancel your confirmed holiday booking at any time prior to departure. Should you wish to do so, you must contact us in writing, using the contact details at clause 3. Such notification will only be effective on receipt by us. Cancellation charges will apply. where you have booked a single-component travel arrangement, the Supplier/Principal’s cancellation charges shall apply. Where you have booked a Colletts Travel Package Holiday, the cancellation charges and other additional terms at clause 19 apply to your booking.
- No cooling off period. Please note that you do not have a legal right to change your mind and cancel your holiday within 14 days and receive a refund. This right, under the Consumer Contracts Regulations 2013, does not apply to travel arrangements or Package Holidays.
- How to contact us if you wish to cancel. To cancel your confirmed booking, please let us know by doing one of the following:
- Phone or email. Call customer services on +44(0)208 0800 419 or email us at firstname.lastname@example.org. Please provide your name, home address, booking reference number and, where available, your phone number and email address.
- By post. Write to us at the address at clause 2.2, including your booking reference number and your name and address.
- Your responsibilities
- Travel insurance. You must purchase adequate travel insurance for your holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs, ensuring it covers all the activities you plan to undertake and protects you against cancellation, medical and repatriation expenses and personal liability claims. If you wish to arrange additional activities while you are away, please check your cover before doing so. Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
- Travel advice. For up-to-date travel advice from the UK government, visit gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites before booking in order to make an informed decision about your chosen destination, and again before departure.
- You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
- Passports & Visas. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your 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. 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.
- Special requests. It is your responsibility to notify us of any special requests at the time of booking e.g. dietary conditions, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to the supplier but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met.
- 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 holiday. 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 or the Supplier/Principal 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 may cancel it and impose applicable cancellation charges, when we become aware of these details.
- If there is a problem whilst you’re on holiday
- How to tell us if you have a problem whilst on holiday. If you have a complaint about your holiday, you must tell the relevant supplier straight away. You must also contact us using the emergency contact telephone number which is included in your booking confirmation documents. That number will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that we have the opportunity to put matters right whilst you’re still on holiday.
- If you are still unhappy after you’ve returned from holiday. If you have a complaint or claim that you wish to pursue, please write to us within 28 days of your return to the United Kingdom. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks. Where we act as an agent on behalf of the Supplier/Provider, we will of course provide assistance in dealing with any complaint you have, however we are not responsible to you for any refunds or compensation payments and nor can these be made without the Supplier/Principal’s authorisation.
- Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ABTA Ltd via their website at abta.com . In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- How we may use your personal information
- In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ and ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
- Our affiliate Colletts Travel are a Member of ABTA, membership number V0368/19401. 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 http://www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on abta.com.
- Events Beyond Our Control
- In these terms, “Events Beyond Our Control” means a situation which is beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, an FCO advisory against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in these terms, we have no liability including for compensation, costs and expenses in such situations.
- 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 and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. 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 and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
- Covid-19. You acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except where you can transfer your place on a Halsall-Colletts Travel Package Holiday in accordance with clause 18). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, where you have booked a Colletts Travel Package Holiday, you may transfer your place on the holiday to another person subject to compliance with the conditions stipulated at clause 18.
- Nobody else has any rights under this contract (except someone you transfer your holiday place to). This contract is between you and all persons named on the booking, and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2. Neither of us will need to get the agreement of any other person in booking to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of your booking in the English courts. If you live in Scotland, you can bring legal proceedings in respect of your booking in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your booking in either the Northern Irish or the English courts.
SECTION B: HALSALL-COLLETTS TRAVEL PACKAGE HOLIDAY BOOKINGS WHERE YOU HAVE BOOKED A COLLETTS TRAVEL PACKAGE HOLIDAY, PLEASE READ THESE ADDITIONAL TERMS IN SECTION B IN CONJUNCTION WITH SECTION A.IMPORTANT NOTE: THIS SECTION B DOES NOT APPLY TO THIRD PARTY PACKAGES – PLEASE SEE SECTION C FOR THE ADDITIONAL TERMS WHICH APPLY TO THIRD PARTY PACKAGES
- Definition of a Halsall-Colletts Travel Package Holiday.
- Where your booking is for a Colletts Travel Package Holiday as defined in this clause, we are the “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these terms.
- What is a Halsall-Colletts Travel Package Holiday. A “Colletts Travel Package Holiday” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday, which is organised by Halsall-Colletts Travel:
- transport; or
- accommodation; or
- rental of cars, motor vehicles or motorcycles (in certain circumstances); and
- any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website and 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.
You will know when you have booked a Colletts Travel Package Holiday as we will be named as the supplier on the confirmation invoice and where your package holiday includes a flight, we will be shown as the ATOL Holder on the ATOL Certificate.
- What isn’t a Halsall-Colletts Travel Package Holiday. Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Colletts Travel Package Holiday where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C for the additional term which apply to these bookings.
Furthermore, where you have booked a package holiday organised by a third-party supplier, that third party shall be the “package organiser” not Halsall-Colletts Travel and this Section B does not apply to your booking. Please see section C for the additional terms which apply to your third-party package booking.
- We reserve the right to increase the price of your confirmed Halsall-Colletts Travel Package Holiday 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 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 rate relevant to the Halsall-Colletts Travel Package Holiday.
You will be charged for the amount of any increase in accordance with this clause 17. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Halsall-Colletts Travel Package Holiday (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another holiday if we are able to offer one (if this is of a lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on the invoice.
Should the price of your Halsall-Colletts Travel Package Holiday go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £20. However, please note that travel arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Colletts Travel Package Holiday due to contractual and other protection we have in place.
There will be no change made to the price of your confirmed Colletts Travel Package Holiday within 20 days of your departure nor will refunds be paid during this period.
- Your right to transfer your Halsall-Colletts Travel Package Holiday
- You have the right to transfer your place on your Colletts Travel Package Holiday to another person (introduced by you), subject to compliance with the following conditions:
- the person to whom you are transferring your place satisfies all conditions applicable to the Halsall-Colletts Travel Package Holiday;
- requests for a transfer must be made to us in writing at least 7 days before the start of your Halsall-Colletts Travel Package Holiday and must be accompanied by the name and other applicable details of the person who will replace you;
- in the event that the balance of the Halsall-Colletts Travel Package Holiday cost is due but has not been paid when the transfer request is made, this must be paid before the transfer can be made. Any additional payment amount that our suppliers require to effect the change (if the transfer can be made) will be payable. Please note, in some cases suppliers such as airlines treat name changes as a cancellation, levying cancellation charges and requiring payment for a new ticket. These charges must be paid by you before any change can be made;
- the transferee agrees to these terms.
- You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, you can choose to cancel your booking and the cancellation charges as set out in clause 19.2 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
- You have the right to transfer your place on your Colletts Travel Package Holiday to another person (introduced by you), subject to compliance with the following conditions:
- If you wish to cancel your Halsall-Colletts Travel Package Holiday.
- If you wish cancel your Halsall-Colletts Travel Package Holiday after it has been confirmed, you must pay the cancellation charges at clause 19.2. In calculating the cancellation charges at clause 2, we have taken account of expected cost savings and the generation of income from alternative deployment of the holiday arrangements, to the extent this is likely to be achievable for your Halsall-Colletts Travel Package Holiday. For some bookings, including those for which full payment is required at the time of booking, 100% cancellation charges apply from confirmation of your booking. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding visa charges and amendment charges which are not refundable.
- Cancellation charges.
|Days before departure when notice of cancellation is received by us||Amount of cancellation charges as a % of the total holiday cost|
|More than 56 days||Deposit only|
|7 days or less||100%|
- Where you choose to cancel your Halsall-Colletts Travel Package Holiday due to unavoidable and extraordinary circumstances. Cancellation charges will not be applicable in the event that unavoidable and extraordinary circumstances occur in the place of destination of your Package Holiday or its immediate vicinity which significantly affect the performance of your Package Holiday or the carriage of passengers to that destination and as a result you notify us in writing prior to departure that you wish to cancel your Halsall-Colletts Travel Package Holiday. In this situation, we will refund all monies you have paid to us within 14 days of the date you notify us in writing of your cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office (FCO) advises against travel to your destination or its immediate vicinity and where you are due to travel imminently. 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.
- How we will refund you. We will refund you the price you paid for the Halsall-Colletts Travel Package Holiday, less the applicable cancellation charge, by the method you used for payment.
- When your refund will be made. We will endeavour to make any refunds due to you within 14 days of your telling us you wish to cancel your Halsall-Colletts Travel Package Holiday.
- Our rights to make changes or cancel your confirmed holiday
- Very occasionally, we may have to make a change to your confirmed Colletts Travel Package Holiday booking or cancel it altogether – and we reserve the right to do so.
- Minor changes Halsall to your –Colletts Travel Package Holiday. Most changes will be minor and we have the right to make these. Where we become aware of a minor change to your Halsall-Colletts Travel Package Holiday before departure, we will try to notify you in writing should there be time to do so. We do not have to pay you any compensation where the change to your Halsall-Colletts Travel Package Holiday is minor. Minor changes are likely to include (but are not limited to):
- changes to any destination, place of stay or port or place of call in your itinerary which is not a major, confirmed destination, place of stay or port or place of call;
- a change of outward departure time or overall length of your holiday by less than 12 hours;
- change of accommodation to another of the same or higher standard;
- changes to aircraft type or carrier/airline.
- Significant changes to your holiday. Occasionally, we may have to make a significant change to or cancel your confirmed Halsall-Colletts Travel Package Holiday. 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 Colletts Travel Package Holiday by more than 12 hours;
- a significant change to your itinerary, missing out one or more destinations entirely;
- 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.
- If we make a significant change. If we have to make a significant change to your confirmed Halsall-Colletts Travel Package Holiday, we will provide you with the following information in writing as soon as possible:
- the proposed changes to your Halsall-Colletts Travel Package Holiday and any impact they have on the price;
- in the event that you do not wish to accept the changes, details of any substitute package we are able to offer (if any), including the price. Where the substitute package is a lower standard or cost, you will be entitled to a refund of the difference in price;
- your entitlement to cancel your booking and receive a full refund if you do not want to accept the changed holiday or any substitute package offered; and
- the period within which you must inform us of your decision and what will happen if you don’t do so.
If you choose to cancel your booking, we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. If we don’t hear from you with your decision within the specified period (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of our doing so.
- If we cancel your Halsall-Colletts Travel Package Holiday. We have the right to terminate your confirmed Colletts Travel Package Holiday in the following circumstances:
- we are prevented from performing your contracted holiday arrangements as a result of Events Beyond Our Control (as defined in clause 13) and we notify you of this as soon as reasonably possible; or
- we have to cancel because the number of persons who have booked the holiday on which you are travelling is smaller than the minimum number applicable to the Package Holiday as stated in the contract and you are notified of the cancellation within the timescales stipulated at clause 7; or
- we cancel due to your failure to pay the balance of the cost of your holiday on time.
- We will endeavour to refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. You can also accept an alternative holiday of a comparable standard if available and we offer one (and we will refund any price difference if the alternative is of a lower value).
- Cancellation due to failure to reach minimum numbers. Where we cancel your confirmed Halsall-Colletts Travel Package Holiday due to a failure to reach the minimum numbers required for that particular holiday, we will notify you no later than:
- in the case of trips lasting more than 6 days, 20 days before the start of the package;
- in the case of trips lasting between 2 and 6 days, 7 days before the start of the package;
- in the case of trips lasting less than 2 days, 48 hours before the start of the package.
- If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
- In addition to a full refund of all monies paid by you, we will pay you compensation as detailed in the table below, in the following circumstances:
- If, where we make a significant change, you do not accept the changed holiday arrangements and cancel your booking; or
- If we cancel your booking and no substitute holidays are available, or you choose not to accept the substitute holidays offered to you.
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 56 days||£0|
|14 days or less||£50|
*We will not pay you compensation in the following circumstances:
- where the change to your Halsall-Colletts Travel Package Holiday is minor;
- where we make a significant change or cancel your Colletts Travel Package Holiday more than 60 days before the departure/start date;
- where we make a significant change and you accept the changed holiday or you accept an offer of a substitute holiday;
- where we have to cancel your Colletts Travel Package Holiday as a result of your failure to make full payment on time;
- where the change or cancellation arises out of changes to the confirmed booking requested by you;
- where we are forced to cancel or change your Colletts Travel Package Holiday due to Events Beyond Our Control (as defined in clause 13).
- Post-departure changes. If we become unable to provide a significant proportion of the Halsall-Colletts Travel Package Holiday that you have booked 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.
- Our responsibilities to you.
- We are responsible to you for the proper provision of the Package Holiday. Where you have booked a Halsall-Colletts Travel Package Holiday, we will accept responsibility for your holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 21. This means that we are responsible for the proper provision of the travel arrangements included in your Halsall-Colletts Travel Package Holiday, as set out in the booking confirmation. Subject to these terms, if we or any of the suppliers we have engaged to provide the travel arrangements making up your Colletts Travel Package Holiday, negligently provide those travel arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this affects the enjoyment of your Halsall-Colletts Travel 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 arrangements included in your Halsall–Colletts Travel Package Holiday. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these terms and the extent to which ours or our employees’ or the supplier’s negligence affected the overall enjoyment of your Halsall-Colletts Travel Package Holiday. Please note that it is your responsibility to show that we or the suppliers have been negligent if you wish to make a claim against us.
- What we will not be responsible for. We will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any nature whatsoever which 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 not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- Events Beyond Our Control (as defined in clause 13).
- We cannot accept responsibility for any services that do not form part of your contract with us. This includes, for example, any additional services or facilities that your hotel, cruise provider or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website as forming part of your holiday and we have not agreed to arrange them as part of our contract, and any excursion/activities you purchase while away.
- We cannot accept any liability for any damage, loss, 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 reasonably have foreseen you would suffer or incur if we breached our contract with you, or 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 expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
- Limits to our liability. We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:
- 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:
- Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and / or off the transport concerned) provided by any air, rail or sea carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. 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 concerned would have to pay under the international convention or EU regulation that applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or, for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents and/or the Athens Convention (as amended by the 2002 Protocol) for international carriage by sea and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended for travel by rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or regulation. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail or sea carrier if such a claim is not expressly permitted to be brought against the carrier by the international convention or regulation that applies to the travel arrangements in question. When making any payment, we will deduct any payment that you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
- 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.
- Where you are unable to return home. Where it is impossible for you to return to your departure point as per the agreed return date of your Colletts Travel Package Holiday 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 Colletts Travel Package 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.
- Where you require assistance whilst on holiday. 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 these terms, 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 if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
- Covid-19 – Limitation of liability. We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday. Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
- If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
- Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
- If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to compliance with the requirements of clause 18;
- Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
- You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
- Insolvency protection for your payments
- Membership organisations. Colletts Travel are a member of ABTA (ABTA number V0368/19401). Colletts Travel also hold an Air Travel Organiser’s Licence (ATOL) issued by the Civil Aviation Authority (ATOL number 2996).
- Our legal obligation to provide insolvency protection for your payments. The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the Halsall-Colletts Travel Package Holidays booked with us and, where flights or other carriage is included, for your repatriation in the event of our insolvency.
- Insolvency protection for flight packages. For flight-inclusive Package Holidays, we provide this protection by way of our ATOL (number 2996) issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: email@example.com. When you buy an ATOL protected flight inclusive package 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.
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 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.
The price of our flight-inclusive packages includes the amount of £2.50 per person which is the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. For further information, visit the ATOL website at: www.atol.org.uk. 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.
- Insolvency protection for packages which don’t include flights. For Halsall-Colletts Travel Package Holidays which don’t include flights, we provide full financial protection for our Halsall-Colletts Travel Package Holidays by way of a bond held by ABTA Ltd, The Travel Association, 30 Park Street, London, SE1 9EQ, abta.com. ABTA will financially protect your holiday in the event of our insolvency by arranging for you to receive a refund and, if your package includes transport to and from the UK, for you to be repatriated. In this case, if already abroad, you will be returned to the point where your Colletts Travel Package Holiday with us commenced. Please go to www.abta.com for information on ABTA’s travel protection.
- Flights and other transport arrangements
- No liability for delays to flights or other transport. Air, rail, road and other departure times are supplied by the carriers. They are subject to, inter alia, air traffic control restrictions, weather conditions, the need for maintenance and the ability of passengers to check in on time. We do not have any liability to you for any delays that may arise (including any at your international departure airport). We will provide you with information and advice to the extent we are in a position to do so. Where applicable, the airline is responsible for providing any assistance as is legally required by EC 261/2004 (denied boarding and flight disruption) (see clause 4 below). Otherwise, any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.
- Community list. In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a ‘Community list’ that contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en.
- Change of carrier. We are also required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. We are not always in a position at the time of booking to confirm flight timings. The flight timings shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets that will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we, or the airline, will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and / or aircraft type (if given) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these terms. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and we / the carrier are unable to offer you a suitable alternative, the provisions of clause 21 will apply.
- If your flight is cancelled or delayed. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 (denied boarding and flight disruption). Where applicable, you must pursue the airline for the compensation or other payment 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 EC261 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 EC261. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with EC261 or otherwise, you must, when requested, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that payment. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints Service. See https://www.caa.co.uk/Passengers/Resolving-travel-problems/ for further details.
SECTION C: AGENCY BOOKINGSPLEASE READ THESE ADDITIONAL TERMS IN CONJUNCTION WITH SECTION A.THESE TERMS APPLY TO BOOKINGS WHERE HALSALL-COLLETTS TRAVEL ACTS AS AN AGENT ON BEHALF OF THE THIRD-PARTY SUPPLIER OF TRAVEL ARRANGEMENTS.
- Your contract. When you are booking a single-component travel arrangement or a package holiday organised by a third party tour operator, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation company) named on your booking confirmation. The Supplier/Principal’s terms and conditions shall apply to your booking and we advise you to read these carefully as they do contain important information about your booking.
- Our agency status. We act as an agent on behalf of the Supplier/Principal named on your booking confirmation. This means that your contract is with the Supplier/Principal – not with us. we are not responsible to you for the provision of the travel arrangements, this responsibility lies with the Supplier/Principal. You will know when we’re acting as agent, as we will include a statement confirming our agency status on the booking confirmation.
- ATOL protected bookings. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.
- Changes and Cancellations by the Supplier/Principal. We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed booking or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.
- Our responsibility for your booking. We act as a booking agent on behalf the Supplier/Principal. As agent, we accept no responsibility for the acts or omissions of the Supplier/Principal or for the travel arrangements provided by them. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel 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 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.