VIVID TRAVEL BOOKING CONDITIONS 

These booking conditions (the " Booking Conditions ") set out the terms on which VIVID Travel Limited ("VIVID", "we", "us" or "our") agree to provide package holidays to you (" Package Holiday(s) ").

 

1. YOUR RELATIONSHIP WITH VIVID

1.1. Your booking and your contract is with VIVID Travel Limited, a company registered in England and Wales under company number 09722241 and whose registered office is at Surrey Technology Centre, 40 Occam Road, Guildford, Surrey, England, GU2 7YG.

1.2. Please read these Booking Conditions carefully before booking with us. If there is anything within these Booking Conditions that you do not understand, then please contact us on the details given in paragraph 19.9 below to discuss what this means for you. By making a booking with us, you certify that you agree to our Booking Conditions.

1.3. The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking, and for all other matters concerning the booking. The Lead Name must be at least 18 years old at the time of booking.

1.4. The Lead Name must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons in the booking. The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

1.5. VIVID does not itself own or provide any of the services, facilities or travel arrangements which make up your Package Holiday. These are provided by third parties whom we arrange to provide the services, facilities or travel arrangements which make up your Package Holiday (the "Travel Providers").

 

2. BOOKING YOUR PACKAGE HOLIDAY WITH VIVID

2.1. All bookings for Package Holidays are subject to availability at the time of booking. We do not guarantee that any of the Package Holidays we advertise will still be available at the time of booking. We will inform you as soon as possible after placing a booking if, for any reason, the Package Holiday you have sought to book with us is not available.

2.2. A contract will only come into existence between us when you have paid the price payable on booking and we have issued our booking confirmation to you.. We reserve the right to decline your deposit and not issue a confirmation invoice as we see fit. We will not issue such a confirmation if we discover an error in the pricing of the Package Holiday (see paragraph 3 below) or if any part of the Package Holiday is no longer available.

2.3. If, for any reason, we are unable to accept your booking, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of the Package Holiday already paid, unless you decide to use that payment towards a different booking.

2.4. If you have any special requests you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Travel Providers at our sole discretion, but cannot guarantee that such requests will be met by the Travel Providers.

2.5. 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 condition which may affect your booking, please let us know before making a booking so we can find out if the Package Holiday is suitable before you make a booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

3. PRICE OF PACKAGE HOLIDAYS

3.1. We may change the advertised price of any Package Holiday from time to time. We will confirm the actual price at the time of booking.

3.2.  We advertise a large number of Package Holidays and we try hard to ensure that the advertised price is always accurate, but sometimes errors do occur. We will normally verify prices at the time of booking. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking as we see fit and notify you of this so that you can decide what you would like to do.

3.3.  We are under no obligation to supply you with a Package Holiday which is incorrectly priced, even after we have issued our confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking as we see fit and notify you so that you can decide what you would like to do.

3.4.  We may change the price of your Package Holiday after we have issued our booking confirmation in order to pass on to you changes in transportation costs, including the cost of fuel; dues, taxes or fees chargeable for services such as landing taxes or embarkation and disembarkation fees at ports and airports; and exchange rates. We will not pass on any price increase within 30 days of your departure date. You will also not be charged for any increase of cost of up to 2% of the cost of the Package Holiday (excluding any insurance premiums and any amendment charges). However, you will be charged for the amount over and above that. If this results in a price increase of more than 10% of the price of your Package Holiday, you will have the option of:

(a) accepting the change;

(b) taking a substitute Package Holiday from us of equivalent or superior quality (at our sole discretion) if we are able to offer such a substitute;

(c) taking a substitute Package Holiday of lower quality if we are able to offer one (plus a refund of any price difference); or

(d) cancelling the booking and receiving a full refund of all monies paid (save for any amendment charges incurred by you pursuant to paragraph 5 below prior to the date of cancellation), but note that should you decide to cancel you must notify us within 14 days of the date on which the price increase is notified to you.

 

4. PAYMENT

4.1. When you make a booking with us for a Package Holiday, you will be required to pay us a non-refundable deposit, typically 20% of the quoted holiday price. Where applicable an additional deposit payment may be required to cover any extra costs.  The balance of the total cost of your booking must be paid in full at least 60 days before your date of departure. If either the deposit or the balance is not paid in full by the due date, we may cancel your booking immediately and retain your deposit and any amendment costs you have paid. In the event of such cancellation, we shall have no liability to you and the provisions of paragraph [7] below shall not apply.

4.2. All monies you pay to a travel agent for flight inclusive packages appointed by us are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

 

5. AMENDMENTS BY YOU

5.1. If you wish to make a change to your booking after we have issued our booking confirmation, the Lead Name must contact us. We do not have a legal obligation to make such changes but we may, at our sole discretion, try to accommodate your request. Please understand that it is often not possible for us to do so as changes may depend on availability and the terms and conditions of our Travel Providers.

5.2. If we agree to make a change, you agree to pay us any cost we incur in making the change (including, without limitation, charges which are imposed on us by the Travel Providers for making the change). This could be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Package Holiday (e.g. a flight) may incur a 100% cancellation charge.

5.3. If any person on a Package Holiday is prevented from travelling, we will agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the Package Holiday, subject to both persons accepting joint and several liability for full payment of the Package Holiday price and the charges described in paragraph 5.2 above. We must be given reasonable notice of a transfer request, which we consider to be at least 14 days prior to the departure date. You must pay all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Conditions and all other terms of the contract between us.  If you are unable to find a replacement, cancellation charges as set out in clause 6 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.      

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

6. CANCELLATIONS BY YOU

6.1. If you, or a member of your party, wish to cancel your booking, you must give us written notice by an email properly addressed to cancellations@vivid.travel . Any such notice of cancellation must be given by the Lead Name on the booking.

6.2. As we may incur costs in cancelling confirmed bookings (including, without limitation, charges which are imposed on us by the Travel Providers), you will be charged a cancellation fee per person which reflects the losses and costs which we incur in cancelling the booking as follows:

Number of days before departure date that we receive notice of cancellation

Cancellation charge

More than 31 days

Full deposit plus any amendment costs

31 days or less

100% of total value of booking

 

7. CANCELLATIONS AND AMENDMENTS BY VIVID BEFORE DEPARTURE

7.1. As the arrangements which make up your Package Holiday are planned many months in advance, from time to time we may need to make a change to your purchased Package Holiday. We reserve the right to do so at any time. Most changes are minor changes such as the 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. However, occasionally we have to notify customers of a "significant change" that we must make to a Package Holiday. A significant change is a change made before the start of the Package Holiday which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your purchased 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 arrangements of twelve or more hours or a change of UK departure airport, as long as that change is not from one London airport to another London airport or a significant change to your itinerary, missing out one or more destination entirely.

7.2. Although it is rare for us to do so, occasionally we may need to cancel a confirmed Package Holiday. We reserve the right to do so at any time.

7.3.  In the unlikely event that we have to cancel your Package Holiday, or make a significant change as defined above, we will tell you as soon as reasonably possible if there is time before your departure. You will then have the option of:

(a) accepting the changed arrangements (in the event of a significant change);

(b) taking a substitute Package Holiday from us of equivalent or superior quality (at our sole discretion) if we are able to offer such a substitute;

(c) taking a substitute Package Holiday of lower quality if we are able to offer one (plus a refund of any price difference); or

(d) cancelling the booking and receiving a full refund of all monies paid (save for any amendment charges), but note that should you decide to cancel you must notify us within 14 days of the date on which the price increase is notified to you.

7.4. We may not give you any of the above options in the event that a change to the purchased Package Holiday is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of a destination airport or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

7.5. If we cancel or make a significant change we will, if appropriate, pay you compensation for non-performance of the Package Holiday except where this is caused by (i) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. These circumstances can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport; or (ii) the number of persons who agree to take the Package Holiday is less than the minimum number required and you are informed of the cancellation, in writing, within the period indicated in the description of the Package Holiday.

 

8. SIGNIFICANT CHANGES BY VIVID AFTER DEPARTURE

8.1. If, after departure, we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our best to make suitable alternative arrangements. If we cannot do so or you refuse to accept these for good reasons, we will arrange to fly you back to your UK departure airport (if the arrangements we agreed to provide included flights) or to transport you to the point our contracted services commenced (if elsewhere than your hotel) as soon as we reasonably can.

 

9. PROMPT ASSISTANCE IN RESORT

9.1. If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

 

10. EXCURSIONS

10.1. It may be possible for you to book a local excursion during your Package Holiday, such as a local tour, experience, concert, activity, sports or adventure experience. These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so they will not form a part of your Package Holiday. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a local excursion.

10.2. It may also be possible for you to book an excursion as part of your Package Holiday at the time of booking. In that case, the excursion provider will be treated as a Travel Provider and paragraph 10.1 above shall not apply.

 

11. YOUR BEHAVIOUR

11.1. It is important that you behave responsibly and with consideration for others during your Package Holiday. Accordingly, to the extent that we, or one of our Travel Providers, believe that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers of other customers, or if it is believed that you are not fit to travel, then we may cancel your Package Holiday without further liability to you. In these circumstances, the provisions of paragraph 7 above shall not apply.

11.2. In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.

 

12. YOUR FINANCIAL PROTECTION

12.1. FLIGHT-INCLUSIVE PACKAGE HOLIDAYS

i. We provide full financial protection for our flight inclusive Package Holidays, by way of our Air Travel Organiser’s Licence (ATOL) number 11276. 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

ii. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able 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).

iii. If we 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.

 

12.2 NON-FLIGHT PACKAGE HOLIDAYS

i. We provide full financial protection for our package holidays which don’t include flights, by way of a bond held by ABTA.

 

13. TRAVEL INFORMATION

13.1. Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

13.2. The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure.

 

14. INSURANCE

14.1. It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. It is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.

 

15. OUR LIABILITY TO YOU

15.1. VIVID does not itself own or provide any of the services, facilities or travel arrangements which make up your Package Holiday. These are provided by third party suppliers (“Travel Providers”) whom we arrange to provide the services, facilities or travel arrangements which make up your Package Holiday. We have a legal duty to exercise reasonable skill and care in making these arrangements.

15.2. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these Booking Conditions, if we or the Travel Providers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. 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 conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us. We shall be liable to you for any damage caused to you by the failure to perform this contract or the improper performance of this contract, but we shall not be liable where:

(a) the failures which occur in the performance of the contract are attributable to you;

(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable. 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.   ; or

(c) such failures are due to: (i) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or (ii) an event which we or the Travel Providers, even with all due care, could not foresee or forestall.

15.3. We limit the amount of compensation we may have to pay to the following, 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 assumed 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 twice 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.

15.4.         

15.4. Our liability will also be limited in accordance with the contractual terms of the Travel Providers which provide the transportation element of your Package Holiday and in an identical manner as if such limitations applied directly to VIVID.

15.5 It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

15.6 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

15.7 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.

 

16. FLIGHTS

If the airline with which you are booked cancels your flight or ceases to trade whilst you are overseas, you must contact us for instructions on replacement flights. Our policy is always to replace a flight with an equivalent flight and so if your flight is economy, we will arrange an economy flight by way of replacement. You may pay the price of an upgrade if you so wish. If you had booked a higher class such as business, we will endeavour to find a business class seat by way of replacement, although if an economy seat is available on an earlier flight, we shall arrange for you to be booked on that earlier flight. This is because in the event that a flight is cancelled, our main priority will be to find replacement flights to fly you home. We shall not be liable for any replacement flights you book if you have not first given us a reasonable opportunity to find replacement flights for you.

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. 

We cannot accept liability for any delay which is due to any of the reasons set out in clause 20 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

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

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

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

 

17. RESOLVING DISPUTES

17.1. If anything is not to your satisfaction during your holiday please immediately inform both us (by contacting the UK contact centre either by calling or through online chat) and the relevant supplier (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the local supplier so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. However, if your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing us at [email protected] , giving your booking reference and all other relevant information. Please keep your letter concise and to the point.

17.2. Please note failure to advise of problems whilst on holiday, as described above, deprives both us and local suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.

17.3 Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 18 below for further details. You can access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.

 

18. ABTA

18.1. We are a Member of ABTA, membership number Y6449. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.

 

19. GENERAL TERMS

19.1. The various paragraphs set out in these Booking Conditions operate separately to one another. If any court or any other relevant authority decides that any of these paragraphs (or part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.

19.2. These Booking Conditions set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.

19.3. These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.

19.4. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, 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 immediately, we can still require you to make the payment at a later date

19.5. We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.

19.6. These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

19.7. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation.

19.8. If you have any queries about these terms, please contact our UK contact centre before placing a booking via the contact details shown below.

19.9. You may contact our UK contact centre on 01483 319333.

 

20. FORCE MAJEURE

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.