TERMS AND CONDITIONS OF BOOKING
GD Leisure (a trading name of Travel Management Group PLC) herein after called “the Company” undertake that all possible care will be taken to ensure that the travel arrangements run efficiently and successfully. These Booking Conditions seek to explain the responsibilities undertaken between us when you make and we accept a reservation.
Our ATOL number is 3316. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk
In these conditions of contract:
“TMG” means Travel Management Group plc, a company incorporated under the Companies Acts (Registered Number 01981934) and having its Registered Office at Worldfarer House, Dormer Place, Leamington Spa CV32 5AA;
“Customer” means the person shown in the booking confirmation.
“Passenger” means any passenger in respect of whose travel TMG provides the Travel Arrangement Services on the instructions of the Customer;
“Travel Arrangement Services” means TMG’s services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services by Third Party Suppliers to the Customer;
“Third Party Suppliers” means any third parties who supply any travel by air, land or sea, accommodation, car hire, travel insurance or other related travel services to the Customer.
a) The conditions shall be deemed to be incorporated into all contracts made by TMG with the Customer to the exclusion of all other terms and conditions and all work undertaken by TMG shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by TMG.
b) By making a booking, the Customer is entering into a legally binding contract with the relevant Third Party Supplier which is subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Customer on request). For the avoidance of doubt, TMG shall not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result thereof.
c) No Passenger or any other third party will have any rights against TMG, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
a) TMG shall contract with the Third Party Suppliers on behalf of the Customer and the Customer shall pay to TMG as agreed all costs, fees, taxes etc invoiced by TMG to the Customer in respect of items contracted with the Third Party Suppliers.
4. Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those
Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
a) Credit notes or refunds (if any) for travel services not used may only be issued upon the return of the relevant documentation relating to the travel service concerned and are subject to the terms and conditions of the relevant Third Party Supplier. Failure to return the said documentation will imply an acceptance of the invoice for the travel services and payment will become due as per the standard payment terms set out in Clause 3 above.
b) In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then the account issued shall remain due and payable in terms of Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer’s account on receipt of same by TMG from the Third Party Supplier.
c) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges and agrees that:
(i) any credit notes or refunds in respect of rail travel services can only be issued provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms relating to the ticket issued in respect of the rail services in question); and
(ii) not all tickets may be refunded or altered and that any refunds made may be liable to any fees which TMG and/or the Third Party Supplier may from time to time levy.
If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought from TMG at the time of booking.
6. Late Payments
In the event that any sums due by the Customer to TMG are not paid when due then, without prejudice to any other remedies of TMG, TMG may at any time:
(i) suspend all or part of the provision of Travel Arrangement Services to the Customer; and/or
(ii) charge a service fee on all over due sums until paid.
(iii) cancel (without any liability to the Customer or to any Passenger) any bookings made on behalf of the Customer, with any cancellation fees incurred as a result thereof being for the account of the Customer.
a) In the event of a claim by the Customer or by any Passenger in respect of the supply of the Travel Arrangement Services or any other liability whatsoever for which TMG is responsible in law, TMG’s maximum liability is in any event restricted to the lesser of the total amount paid to TMG by way of fees or commission receved for the supply of the Travel Arrangement Services concerned by the claimant or any additional expenses incurred by the claimant.
b) Subject to Clause 6(a) above, TMG shall incur no liability whatsoever to the Customer or any Passenger in respect of any direct, indirect or consequential losses (howsoever incurred).
c) The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Arrangement Services or any travel resulting therefrom. TMG shall use all reasonable endeavours to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment of the appropriate premium. The Customer agrees to make each and every Passenger aware of the provisions of this Clause 6.
In the event that TMG should at any time expressly or by implication waive any of its rights contained herein such waiver shall not be deemed to prejudice in any way the enforcement of such rights by TMG on any subsequent occasion.
TMG reserves the right to vary the terms of these Standard Conditions upon 30 days notice by notifying the Customer in writing. Any such variation shall take effect in respect of any Travel Arrangement Services supplied on or after the thirty first day following the date of posting said notification to any address to which TMG has invoiced the Customer in the preceding three months or to the last such address if no invoices have been issued in the preceding three months.
VAT will be charged where applicable at the rate in force on the date of supply.
11. Data Protection
Each party shall ensure that it complies fully with the requirements of Data Protection Legislation and the Customer shall ensure that any communication of personal employee data to TMG and the Third Party Suppliers has been properly authorised by the employee concerned. The Customer acknowledges that TMG may store the Customer’s and employee’s data outside of the European Economic Area, and consent is hereby granted to this. The Customer consents to contact from TMG via e-mail, letter or phone about products and services that may be of interest to the Customer.
12. Jurisdiction and Governing Law
These terms and conditions, any supply of the Travel Arrangement Services to the Customer and/or the Passenger and any contracts between TMG and the Customer shall be governed by the law of England and shall be subject to the jurisdiction of the English Courts, without prejudice to the right of TMG to seek recovery of any sums due from the Customer before any court of competent jurisdiction.