PACKAGE HOLIDAY BOOKING CONDITIONS YOUR CONTRACT IS WITH USAIRTOURS HOLIDAYS (UK) LTD, a Member of ABTA and ATOL Holder
1. Your holiday contract
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
2. Your financial protection
We provide full financial protection for our package holidays.
a) 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).Many of the flights and flight-inclusive holidays in both this brochure and our website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed in this brochure or our website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
b) When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA.
We are a Member of ABTA, membership number Y1468 We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
4. Your Holiday Price
a) We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
b) When you make your booking, you must pay a deposit of at least £150 per person unless you are booking a Special Offer or Promotion when full payment may be required immediately which will advise at the time of booking. The balance of the price of your travel arrangements must be paid to your travel agent in cleared funds at least ten weeks before your departure date. Occasionally an airline will impose a requirement that obligates us to issue air tickets early and specifically in those circumstances you will be required to pay your balance within 7 days of our written notification. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements and we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the Financial Times Guide to World Currencies on 1st April 2016 in relation to the following currencies: US Dollars and Canadian Dollars
c) Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £2 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within 14 days from the date on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
d) When you buy a flight-based holiday, all monies you pay to the travel agent 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. When you buy a holiday not including a flight, all monies you pay to the travel agent are held by him on our behalf at all times.
e) The company reserves the right to pass on the cost of processing credit or debit card payments as a separate fee when you pay either the deposit or the balance on all booking contracts created on or before 12th January 2018. Customers do have the option of avoiding this fee if they pay by bank transfer. All customer monies paid to the company are financially protected by either our CAA ATOL license 3085 or ABTA membership Y1468.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change our travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £50 per person, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. If you change, amend or fail to take the travel services booked without getting prior acceptance and written confirmation from us, the remainder of your itinerary will be cancelled and you will not be entitled to any refund or compensation. Please note that as your contract is with USAirtours, our terms and conditions take precedent over that of our suppliers with reference to the cost of any amendments or cancellations that you make.
6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification or the completion of our online cancellation form from the person who made the booking or your travel agent must be received at our offices. As we negotiate the best possible prices with our suppliers on your behalf, the associated terms are usually very restrictive so all our bookings are sold on the basis that will be no refund of any monies paid to us up to the date of cancellation. However wherever possible we will always to our best to either obtain a partial refund or to transfer funds on to a future booking but this cannot be guaranteed.
7. If We Change or Cancel Your Holiday
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases, we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of departure airport between London Heathrow, Gatwick or Stansted or overseas airports providing they are changed to an airport no more than 90 miles or 90 minute drive than the original, change of accommodation to another of the same or higher standard within 30 miles or 30 minutes than the original, changes of airline or routing (including from non-stop to indirect flights) and the cancellation of a theatre or sporting event.
To enable us to quote our customers the most competitive prices, we may book you on to a group departure date where we have negotiated special rates with our airline, hotel and cruise suppliers. If we do not sell the minimum number of flight seats, rooms or cabins required on certain dates, we are obliged to cancel the group. Should this affect your travel arrangements, you will be offered a comparable alternative but if this be considered to be a Major Change, you will also be entitled to cancel the booking and receive either a full refund or compensation as shown in the table below.
We will not cancel your travel arrangements less than 10 weeks before your departure date except for reasons of force majeure or failure by you to pay the final balance by the balance due date. If we have to cancel your holiday for operational reasons, you may either have a full refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us. Unless the reason for the cancellation would be classed as force majeure, you would be entitled to compensation as shown in the table below.
If we cancel or make a major change and you accept a refund, we will consider an appropriate refund of your travel insurance premiums if you can show that you are unable to transfer or reuse your policy.
Airline Schedule Changes
Can occur at any time after booking confirmation and the flight departure time for airline operational reasons that can include a change of to a smaller aircraft type, repositioning of aircraft or the re-routing of an itinerary to the final destination. Such changes are outside of our control and will be considered as Force Majeure. Consequently, we cannot be held responsible for consequential losses of a schedule change but advise that a suitable travel insurance policy is taken out by the customer to cover such eventualities.
If we make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
MAJOR CHANGE TO YOUR HOLIDAY
Period before departure Amount you will
in which we notify you recieve from us
More than 70 days £20
More than 56 days £30
More than 42 days £40
Less than 42 days £50
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These 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 and or computer systems.
8. If You Have A Complaint
If you have a problem with your holiday and cannot get a prompt resolution from the onsite manager, it is essential that you report this immediately to us directly (and not other third party) by calling our 24 hours Customer Care Freephone number on 1-866-359-3412 or +44 20 8418 8202. You must follow this procedure or you will be depriving us of the opportunity of resolving the matter promptly and this may affect both your rights and claims for compensation under this contract. As your contract is with USAirtours (even if you have booked through a travel agency), please report any complaint directly to us either through our website www.usairtours.co.uk/customer-relations or by post to the address below. We will always try and resolve complaints to your satisfaction but if that is not possible, we recommend that you take advantage of ABTA’s Alternate Dispute Resolution (ADR) scheme that is approved by the Trading Standards Institute – see Clause 3. We should advise customers who elect to bypass an ADR scheme that they may have any Application directly to a Court rejected. It is a specific term of this contract that you accept that the point of sale is at the companies address shown below and that any legal dispute is dealt with by the nearest Court to: USAirtours Holidays (UK) Ltd, 2 Loughton Business Centre, Langston Road, Loughton, Essex IG10 3SJ.
9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or 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. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport contractual terms, or the international conventions by writing to Operations Manager, USAirtours Holidays Ltd, 2 Loughton Business Centre, Langston Road, Loughton. Essex IG10 3SJ. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
Please note this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
10. Prompt assistance in resort
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.
11. Passport, Visa and Immigration Requirements
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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
13. Your responsibility to check documentation
While we take every care to ensure that all passenger and travel details are booked as requested there may be occasions where a misunderstanding has occurred and consequently we always send a written confirmation immediately after your booking. It is a specific condition of this contract that you agree to carefully check all of the details including but not limited to the passenger titles, the spelling of their names (ensuring they match exactly those names shown in their passport), the travel dates, flight times, hotel names and their address to ensure they are correct and to inform us immediately if there any errors or errors. Failure to inform within one working day may incur fees and cost to correct any amendments for which you accept will be your responsibility to pay.
14. Additional Supplier Conditions
15. Important Information
We include both useful and specific information relating to your holiday booked with us within our Important Information section in our brochure and on our website www.usairtours.co.uk/important-information and this should be read in conjunction with these booking conditions. These booking conditions are valid for all new bookings made on or after 1st May 2017 and replace any previous conditions. As we reserve the right to amend these conditions at any time without notice please be sure to check the latest version by visiting www.usairtours.co.uk/booking-conditions before you book with us.
This where you choose from a range of accommodation products. USAirtours act as Principal in relation to a Accommodation only products. This means you have a contract with ourselves in relation to the provision of the accommodation only. The provision of accommodation only does not fall within the Package Travel Regulations 1992.
1. If We Change or Cancel Your Accommodation Only Booking
It is unlikely that we will have to make any changes to your accommodation, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your accommodation.
You should also refer to our website usairtours.co.uk for any updated information or changes concerning your holiday that may have occurred since you booked your holiday and where these conditions are also available.
2. Our Liability to You (Accommodation Only)
(1) We have a duty to select the suppliers of your arrangements with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused.
(2) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: -the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or 'force majeure' as defined above.
(3) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £25 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your accommodation.
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.
You must tell us and the supplier concerned about your claim or complaint as set out in these booking conditions. If asked to do so, you must transfer to us or our insurers any rights you have against whoever is responsible for your claim or complaint and provide ourselves and our insurers with all co-operation and assistance that may be reasonably required.
We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
This is where USAirtours sells or offers for sale a flight only ticket. USAirtours acts as agent only for the airline under our IATA licence. This means that a legally binding contract will be created between you and the Airline. You will be subject to the terms and conditions of that airline which are available from us upon request.
The booking confirmation we send you will either show the words ‘Package Holiday’ or ‘Accommodation Only’ or ‘Flight Only’ and this will confirm which type of holiday you have purchased from us.
1. Air Ticket Sales Only Conditions
a) This is where we sell or offer for sale a flight ticket only.
b) If we sell or offer this for sale to you as an agent of a supplier we will advise you of this and confirm to you that we act as the agent of the holder of an ATOL licence and its identity and ATOL number which will be sent to you following your booking. If we have sold to you as agent for another ATOL holder then that other party’s booking conditions will apply to your booking. All booking conditions for our suppliers are available from us on request but will usually be available to you or on their website.
c) The flight ticket may be sold to you by USAirtours acting as the agent for the airline under our IATA Licence. In this case your contract will be directly with the airline and their Conditions of Carriage will apply to your purchase, their performance of the flight and your rights, together with details of check in times, fuel charges where applicable and baggage allowances. Please note that with some types of flight seats may not be cancelled (such as APEX) cancellation charges of 100% will apply to any cancellations.
d) The sale of a flight ticket may be offered to you under USAirtours’ own ATOL licence in which case the terms and conditions set out below will apply :-
i) In accordance with our ATOL Licence we have automatically included Scheduled Airline Failure Insurance on all scheduled airline tickets to cover you against Scheduled Airline failure. If your airline fails prior to your departure, we will refund the value of the ticket to you (up to £1500 per person). If you have already departed we will offer alternative onward or return flights to the UK. This Insurance does not apply to airlines in Chapter 11 insolvency. For scheduled airline ticket sales that are not covered under our ATOL we are able to sell to you Airline Failure Insurance to cover the cost of your ticket if the airline becomes insolvent.
ii) Airlines reserve the right to increase the price you have paid by the imposition of fuel and other charges. We reserve the right to pass these on to you as well as any other unexpected price increase including taxes, airport charges and landing taxes charged to us by the airline concerned.
iii) If you wish to cancel or change your flight booking then you should contact us to see if this is possible and what additional charges may be required by your airline. Some discounted scheduled flight seats may not be changed or cancelled without incurring 100% cancellation charges.
iv) Transfer of booked seats to another person may not be possible.
v) Flight timings are provided for guidance only and we are not responsible for flight delays or for cancelled flights caused by the operations of the carrier concerned. All flights must be reconfirmed – we cannot be held responsible for missed flights due to rescheduling or other reasons.
vi) The liability of USAirtours is limited to making arrangements with the airline to make the tickets available to you. We have no liability for the operation of the flights or the terms of your carriage which are the subject of the airlines own Conditions of Carriage, the Montreal Convention 1999 and EC Regulation 261/2004 (see below) regarding overbooked, cancelled and delayed flights.
vii) EC Regulation 261/2004 sets out minimum rights and compensation levels payable to passengers by airlines for overbooked delayed and cancelled flights. Information about your rights is available from your departure airport or from the airline concerned. It is for you and not for USAirtours to claim or seek to enforce these rights.
These booking conditions are valid for all new bookings made on or after 01 July 2013 and replace any previous conditions. As we reserve the right to amend these conditions at any time so please ensure that you visit usairtours.co.uk/conditions for the latest information.
The Zika virus has been in existence for many years around the world and it can only be caught from those specific mosquitos that carry the virus or through unprotected sex with an individual that has caught it already.
Only around 1 in 5 people infected develop any symptoms at all and the virus is not considered as a serious risk to either adults or children in good health.
There is a small health risk to unborn babies and so pregnant mothers with plans to travel to identified cities where the Zika virus is present, have been advised by the Government's Foreign and Commonwealth Office to postpone non-essential travel to the affected area. While Zika is present throughout the Caribbean and Mexico, the only area currently designated as having the Zika virus within the USA is specifically Miami/Dade county.
The risk in the rest of Florida (including Orlando) is considered as just moderate and pregnant women should only consider postponing non-essential travel until after the pregnancy.
As the Tour Operator, we are responsible for providing your holiday under our own standard terms and conditions and these may differ from the terms of an airline or any product that we supply as part of your holiday.
While we will not be offering refunds to pregnant customers, we will be assisting them to postpone their trip in conjunction with government advice. Where possible, we will also arrange to transfer the booking to an alternative destination or arrange for a ‘name-change’ to enable another traveller to replace a pregnant customer not wishing to travel.
Should customers wish to cancel, our normal booking conditions do still apply but they can make a claim for any losses directly to their travel insurer.
Pregnant customers that would like us to assist amend their travel itinerary should send us a copy of their MAT B1 form signed by their doctor or midwife to the email address shown below.
For health related information regarding the Zika virus we recommend that you follow ABTA’s guidance by visiting their web page: health & medical information
Updated: 22nd August 2016