YOUR CONTRACT — PLEASE READ THIS CAREFULLY BEFORE YOU BOOK
These booking terms and conditions govern all bookings that you make with Fgc Travel Limited of 587c Stockport Road, Manchester, M13 0RX (“we”, “us” or “our). References to “you” and “your” include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
With Fgc Travel, because you can book different combinations of travel arrangements or other services (“Arrangements”) through this site or via telephone, we use different terms to describe them. Where you book a single individual element from us (e.g. flight only or accommodation only), you have booked a ‘single element’. Where you add more than one single element to your booking (for example a flight booking and a separate hotel booking), we call that a ‘multi-contract package’. That is, you are entering into multiple contracts with multiple suppliers and we are facilitating those separate contracts with each respective supplier. In such cases, your bookings, even though they may be linked to the same dates of travel, are separate and distinct. All multi-contract bookings are purchased individually at their own individual price as detailed on your confirmation. The price charged in total will always equal the simple sum of the prices charged for each individual booking. A ‘single contract package’ is a combination of travel elements that have been combined by us and sold under a single contract and at a single price as detailed on your confirmation. Where you book a single-contract package, your contract for the supply of the Arrangements making up the package will be with us.
When making your booking for a single element or a multi-contract package, we will arrange for you to enter into contracts with the airline, hotel, transfer, excursion or car hire companies providing the service(s) detailed on your confirmation (in these terms we call them ‘Service Providers’). We act as agent for those Service Providers; their terms and conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. They are available upon request. All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it. Please note: Where we take on obligations in these terms in relation to multi-contract packages to for example, pay you compensation or provide you with assistance or alternative travel arrangements, we do so because we are obliged to do so under the Package Travel and Linked Travel Arrangements Regulations 2018, not because we have a contract with you to supply those arrangements.
1. Booking and payment By making a booking with us (either in our office, online or via telephone), you agree that you:
- have read these Agency Terms & Conditions and agree to be bound by them;
- are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services;
- accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking, including any insurance premiums and cancellation or amendment charges.
All services offered are subject to availability. Fares are not guaranteed until they are ticketed.
When you make your booking either in our office, online or via telephone, you must pay the relevant deposit as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the service provider in question.
The balance of the cost of your arrangements (including any applicable surcharge) is due by the balance due date 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 clause 6 below will become payable.
Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
Except where otherwise advised or stated in the booking conditions of the service provider concerned, all monies you pay to us for Arrangements will be held on behalf of the service provider and forwarded on to the service provider in accordance with our agreement with the service provider.
2. IATA We are an IATA accredited agent, number: 91248813. This means that we act as an airline ticket agent on behalf of a number of airlines. Where you book a flight-only from us, we will issue you with a confirmed ticket for your flight immediately upon receipt of payment from you. This ticket is a contract of carriage between you and the airline and will be governed by the airline’s own cancellation charges, terms and conditions and conditions of carriage.
3. Prices We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
4. Insurance You are strongly recommended to take out personal travel insurance for all members of your party. Some service providers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
5. Special requests If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the service provider, but we can’t guarantee that they will be met and we will have no liability to you if they are not.
6. Changes and Cancellations by you Any cancellation or amendment request must be sent to us in writing, by email (email@example.com) at least 72 hours prior to departure, and will take effect at the time we acknowledge receipt. For any cancellation or amendments within 72 hours of travel, you must call 0161 225 1331 and notify us verbally, as well as sending your cancellation or amendment request to us in writing, by email (firstname.lastname@example.org), and will take effect at the time we acknowledge receipt. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the booking conditions of the service provider of your Arrangements. The service provider may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £100 per person per booking.
Please note: some service providers do not allow changes and therefore full cancellation charges will apply.
7. Changes and Cancellations by us
Non-package bookings Where you have booked a single element, we will inform you as soon as reasonably possible if the service provider needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the service provider in relation to any alternative arrangements offered by the service provider including refunds if available, but we will have no further liability to you. We also reserve the right to charge an administration fee of £25 per member of your party where we are able to process alternative arrangements and/or a refund with the service provider.
Package bookings We may occasionally have to make changes or cancel your Arrangements and we reserve the right to do so at any time.
If we make an insignificant change to your Arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of insignificant 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.
Occasionally we may have to make a significant change to your confirmed arrangements. We will not cancel your arrangements less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your Arrangements before this date if for example, 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 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 arrangements.
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 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 of a significant change:
More than eight weeks – NIL compensation per person
Between eight and two weeks – £35 compensation per person (excluding infants)
Less that two weeks – £50 compensation per person (excluding infants)
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
– where we make an insignificant change;
– where we make a significant change or cancel your arrangements more than 60 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 arrangements requested by you;
– where we are forced to cancel or change your arrangements due to Force Majeure (see clause 16).
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.
8. Our responsibility for your booking
Non Package Bookings
Your contract is with the service provider and its booking conditions apply. 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 earn 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.
(i) 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 2018as set out below and as such, we are responsible for the proper provision of all arrangements included in your package, as set out in your confirmation invoice. Subject to these terms and condition, if we or our service providers 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 the 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 terms and conditions and the extent to which ours or our employees or service providers negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or the service provider(s) have been negligent if you wish to make a claim against us.
(ii) 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:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) 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
(c) Force Majeure (as defined in clause 16).
iii) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) 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.
(b) 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.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) 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.
ii) 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.
iii) 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.
(iv) 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 terms and Conditions.
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.
9. Visa, passport and health requirements. You are responsible for checking all passport, visa and health requirements and ensuring your travel documents are in order. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country. Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for at least 6 months from the end of the duration of your Arrangements. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the service provider of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure. You must ensure you have correct visa and health entry requirements for all countries visited including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check with the US Embassy for more information. For South Africa, parents travelling with children aged under 18 will be asked to show the child’s original full birth certificate.
For the latest travel advice from the Foreign & Commonwealth office including security laws, plus passport and visa information, visit www.gov.uk/foreign-travel-advice. Please note that the advice can change and we recommend you continue to check the Foreign & Commonwealth site until you travel.
10. Complaints Any queries, concerns or if you are in difficulty or wish to make a complaint whilst on holiday, then this must be reported to the Service provider or their local representative immediately without undue delay. You must, as a strict condition of your booking, obtain a written record of your complaint from the Service Provider or their representative at the time the issue arose. If you are unable to speak to the Service Provider or their representative whilst on holiday, you should contact our customer services department on 0161 225 1331.
If you fail to follow this procedure there will be less opportunity for the service provider to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, please send a detailed complaint including your written report from the Service Provider or their representative and any additional information supporting your claim to email@example.com. Please send your complaint within 28 days of your return as the sooner we receive it, the easier it is for us and the Service Provider to investigate it accordingly.
Complaints received outside of 28 days of your return may mean we and/or your Service Providers are unable to offer a detailed response, nor offer any compensation or may lead to the rejection of your complaint entirely.