USAirtours Holidays Limited
USAirtours Act as the organiser for package holidays or principal in respect of accommodation only. For the sale of airline tickets where they are sold as a single component USAirtours act as agent only for the airline.
Key points:
You enter into a booking with us when we issue our confirmation invoice. If you then cancel all monies paid will be forfeit unless you request, prior to our confirmation, that you require a booking type that allows a refund. You may amend or cancel your holiday when based on the advice provided by the UK Foreign & Commonwealth Office. You can make changes to your booking in certain circumstances. We make a charge for this. We can change and cancel your booking. We’ll pay you compensation in certain circumstances. We are responsible to you for providing your holiday but there are legal limits. We provide protection for your money under Air Tour Operators Licence No. 3085 issued by the Civil Aviation Authority and through our membership of ABTA No. Y1468. Your booking is also subject the terms and conditions of all suppliers quoted and shown on your confirmation, details of which are available on request.
Please read the full terms below and the Important Information on our website for other important rights and obligations.
YOUR PACKAGE HOLIDAY BOOKING IS WITH USAIRTOUS HOLIDAYS (UK) LTD
1. Our details
We have various trading divisions, namely USAirtours, Carnival Crew, Travelplanners, Tailor Made Cruise Holidays and Orlando Villa Holidays, all located at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA and can be reached by calling 020 8418 8200. Registered address: Fifth Floor Watson House,54-60 Baker Street, London United Kingdom W1U 7BU
2. Your holiday booking
A booking will exist as soon as we issue our confirmation invoice. This booking is made on the terms of these booking conditions. 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.
3. Paying for Your Holiday
When you make your booking you must pay a minimum deposit of £50 per person unless you are booking a Special Offer when up to the full balance may be required immediately. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date unless it also includes a cruise or certain other products when the balance must be paid fifteen weeks before departure. Occasionally an airline will impose a requirement after booking that obligates us to issue air tickets early and specifically in those circumstances you will be required to pay your outstanding balance within three working days of our written notification. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements and shall retain all monies paid to us.
4. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be sent to us via our Contact Us page on the website www.usairtours.co.uk/contact-us/and we will email back an acknowledgment to confirm receipt of your request. To ensure that we offer the most competitive rates, the terms negotiated with our suppliers are very restrictive and unless we state otherwise in writing at the time of booking, are quoted on the basis that any monies paid are non-refundable. If you require more flexible arrangements that allow refunds then please inform us at the time of bookings as these may be available but at a higher price.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances that result in your outbound departure time being delayed by a minimum of twelve hours. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. In all other cases, bookings are made with this Company on the basis that they are non-refundable unless the UK Foreign & Commonwealth Office formally advises against all but essential travel to a destination specified on our booking confirmation.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your 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 depending on the commercial terms with our suppliers. 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.
6. If we cancel your booking
We reserve the right to cancel your booking but will not do less than ten weeks before your departure date except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance by the balance due date. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. If your holiday is cancelled you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one and we will refund any price difference if the alternative is of a lower value. In the event a refund is paid to you, we will:
1. 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
2. pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).
Period before departure in Amount you will
which we notify you receive from us
More than 70 days £20
More than 56 days £30
More than 42 days £40
Less than 42 days £50
This does not exclude you from claiming more if you are entitled to do so.
7. If we change your booking
(a) Changes to the price
The price we have charged you for your travel package holiday booked with us will not be increased unless it is solely to allow for a price increase which is a direct consequence of changes in the cost fuel or other power sources; the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and or the exchange rates relevant to the package that may increase the purchase cost by the Company. Before passing on any price increase the company would always absorb an amount equal to 2% of the holiday cost before passing on any surcharge and customers would be informed at least 20 days before the departure date of their package holiday with an explanation. Should the increase exceed 8% of the total package price, the options for the customer will include the right to cancel and receive a full refund. In the event of a price reduction in any of the items referred to, such savings will be passed on to the customer less any reasonable administrative expenses incurred by the company. Please note that the company may purchase foreign currency at pre-agreed rates which may not reflect the currency rate at the time of booking and or the date of the package holiday departure.
(b) Changes other than the price
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is minor, we will ensure that you are notified about it. Examples of minor changes include alteration of your outward flight from the UK by less than 12 hours, changes to aircraft type, flight routing (including from non-stop to an indirect), itinerary, changes to pre-booked specific airline seats, change of departure airport from to London Heathrow, Gatwick and Stansted or an overseas airport located no more than 90 miles or 90 minutes from the original, change of accommodation to another of the same or higher standard within 30 miles or 30 minutes of the original or changes of carriers. If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
• We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
• If you choose to accept a refund:1. 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.
2. we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure Amount you will
in which we notify you receive from us
More than 70 days £20
More than 56 days £30
More than 42 days £40
Less than 42 days £50
8. Our Liability to You
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. 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 travel services that make up your package. These terms are incorporated into this booking; 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.
You can ask for copies of the travel service contractual terms, or the international conventions, from us. 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 these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB this entire clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
9. Protecting your money
1. We provide full financial protection for our flight inclusive package holidays, by way of our Air Travel Organiser’s Licence number 3085, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected]. When you buy an ATOL protected flight or flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 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.
2. We also provide full financial protection for our package holidays that do not include a flight by way of a bond held by ABTA – The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk
10. 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 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. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
11. Complaints
If you have a complaint about any of the services included in your holiday, you must call us immediately and specifically on this 24 hour helpline phone number +44 20 8418 8202 and we will endeavour to put things right as soon as possible. If you fail to follow the requirement to report your complaint to us immediately we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. If it is not resolved locally, please follow this up within 28 days of your return home. We operate an approved Customer Service Charter to ensure that all complaints are dealt with promptly and to the required standard. As your contract is with USAirtours and we are responsible for ensuring that the holiday provided meets the required standard, we do require that a member of the travelling party personally complete our online form by visiting www.usairtours.co.uk/customer-relations. As soon as we have received your form we will acknowledge it and this will begin our complaint response procedure. We may subsequently need to speak you to help complete our investigation and if required, discuss appropriate compensation directly with you. You may require assistance from your travel agent to help you complete our online form and we will keep your agent updated. In the event you are not fully satisfied with the outcome, you have the option of escalating to ABTA – please clause 10 above. We will also keep your travel agent updated
12. Additional assistance
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
13. 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.
14. Excursions
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.
15. Travel Agents
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.
16. Law and jurisdiction
This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
17. Telephone Call Recording
Our telephone calls are randomly recorded for training purposes and may be used where available for dispute resolution purposes.
18. Booking Conditions
These bookings conditions are valid for all new bookings made on or after 7th August 2022 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.
19. Important Information
Please read the contents within the Important Information section which forms part of the terms and conditions. We reserve the right to amend the information contained therein and it should be referred both prior to booking and the departure date of your holiday https://usairtours.co.uk/important-information/
20. Brexit
Where we, or the airline booked on your behalf are unable to operate the flight or arrange other services as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace), the limit of our liability to refund you as these would be circumstances beyond our control, is the cost of the travel arrangements paid to us. We are unable to accept any responsibility for any further consequential losses.
