TERMS & CONDITIONS:
AZUZOO Limited (company registered in England and Wales under number 9124628), whose registered office is at 337 High Road, Ilford, Essex IG 1TE) (“We” / “Us” / “Our”) is the travel organiser for your holiday. We are licensed under the T-ATOL scheme with the Travel Trust Association (“TTA”) and our T-ATOL number is T7629. Our TTA membership number is Q5061.
We are a member of the TTA. Every TTA member deposits money received from its customers into a ‘Trust Account’. A Trust Account is a bank account designated to hold customers’ money. Your money remains in the Trust Account and is supervised by an appointed Trustee who is either a banker, chartered or certificated accountant or a solicitor. Both the TTA members and the Trustee are required to authorise payments from the Trust Account. Therefore, the Trust Account will ensure that all the money which you have paid is safely protected and available to reimburse the money paid. In the unlikely event that We become insolvent, in most instances your money will still be held in our TTA member Trust Account by the designated Trustee and available to pay for your holiday. In some cases your holiday may continue as the providers or suppliers have already been paid, however this depends on how far in advance of your holiday it is at the time We became insolvent. For example, where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance your holiday will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements. For further information, please visit the TTA website at www.traveltrust.co.uk and to the Financial Protection details relating to bookings made by you with Us, under Clause 3.
2.1 When you book your travel arrangements with Us, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these Booking Conditions.
2.2 If you make a booking with Us for a package, then We are your package provider and a contract for a package with Us will exist between Us and you as soon as we issue our confirmation invoice to you. When we make reference to a ‘package holiday with Us’ in these Booking Conditions, it is in reference to such a contract with Us for a package as detailed in this paragraph.
2.3 If when you make a booking with Us it is for another third party travel supplier’s package holiday, then we are not the organiser of that third party travel provider’s package and in those instances We are acting as agents for the suppliers of those packages, as indicated to you in your Booking Confirmation. When bookings are made for those third party package providers then We will arrange for you to enter into contracts with those third party package providers, on their terms and conditions, which will apply to your booking. If you wish to book a package with a third provider who is not AZUZOO, then this will be confirmed to you at the time of booking.
We shall ensure that you are given financial protection for your booking as follows.
3.1 Flight inclusive package only
When We sell you a flight inclusive package then We are the principal provider of that package and We are responsible to you for ensuring that your package holiday (including the flight) are made available and properly provided.
We will provide you with financial protection for the flight inclusive package under our T-ATOL granted to it by the Civil Aviation Authority (“CAA”), therefore in the unlikely event that We should become insolvent, the CAA shall ensure that you are either refunded the money paid for the flight, or ensure that you are repatriated if you are already abroad.
We will issue you with an ATOL Certificate on the receipt of first payment from you for your flight-inclusive package (as per Clause 4.2). The ATOL Certificate 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.
3.2 Non-flight inclusive package
If We sell you a package holiday that does not include a flight, then We will provide you with financial protection by ensuring that all elements of the package holiday are provided under our TTA membership. As these types of packages do not include flights, the financial protection is not provided by way of our T-ATOL, but through the payments being made into the TTA trust account to ensure that you can be provided with your package holiday, a refund or repatriation (if you are already abroad) in the unlikely event of our insolvency.
3.3 Other third party packages
Where you purchase a package holiday through Us which has been organised by another third party package provider then We will confirm to you at the time of booking what financial protection is in place with that third party package provider.
4.1 When We make a booking for your holiday (either from details provided by you over our Website, email or over the telephone to Us), we use the details you have provided to Us, therefore it is important that all the names, addresses and dates for travel that you have provided to Us are correct. We shall forward to you a Booking Confirmation with full details of holiday booking and please check this through thoroughly upon receipt to ensure that these details are correct. Making changes to a confirmed booking may incur charges (as detailed below), therefore it is important that you ensure that information provided to Us is correct to avoid any charges.
4.2. At the time We confirm your booking, if We are making flights available to you as part of your holiday, We shall forward to you the ATOL Certificate, confirming our ATOL details, and our confirmation invoice detailing the holiday, to confirm the full details of your holiday. The ATOL Certificate is an important document, therefore please keep this safely in case you need to rely on this to claim your financial protection as mentioned above.
5.1 When you make a booking with Us, you will be required to pay either an initial deposit and balance, or the total cost of your holiday at the time of booking, depending on how close it is to the time of your departure when you make your booking. You will be told at the time of making your booking what the price of your holiday package is and whether you are required to pay the total cost straight away, or if you are able to pay a deposit and balance for the cost of your holiday.
5.2 When We make our holiday packages available to you, if you do not pay the balance of amount due to Us for your holiday by the due date, then we may cancel your travel arrangements and retain any deposit you have paid to Us. The price of the package includes the amount payable per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in the prices for your holiday package confirmed to you at your time of booking and will be shown separately on your confirmation invoice.
When you are booking a package with Us, you should be aware that there may be 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. 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 (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
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.
5.3 If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and We are not responsible for any extras or difficulties that may arise with onward travel and as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your insurance
6.1 If you wish to cancel or amend a booking, then you must notify Us in writing of what amendments or cancellations you wish to make. However, please note that you may not be able to amend or cancel a booking once it has been confirmed, or if the supplier does allow for this, it may incur a 100% cancellation charge. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below. We shall endeavour to make amendments or cancellations of your travel arrangements where possible and shall confirm any agreed amendments or cancellations to you once completed, together with any applicable costs or charges.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6.2 If you have booked a package holiday with Us, We may need to make changes to your travel arrangements. Although this is unlikely, We reserve the right to do so at any time. Most of these changes will be minor and We will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements.
However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure (as defined below) or failure by you to pay the final balance. If We are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept 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). If it is necessary to cancel your travel arrangements, We will pay to you compensation as set out in this clause.
6.3 Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes are changes to aircraft type, or change of accommodation to another of the same standard.
If We make a major change to your holiday, We will inform you 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 booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, We will pay compensation as detailed in the table set out at the bottom of these Booking Terms and Conditions.
The compensation that We offer does not exclude you from claiming more if you are entitled to do so.
*Force Majeure This means that 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 (but are not limited to) war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions or acts of God.
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.
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 supplier(s) of travel services, 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.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier, flight provider etc) immediately, who will endeavour to put things right. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and whilst in resort. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
You accept responsibility for the proper conduct of all members of your party during your holiday. The suppliers of travel services reserve the right at any time to terminate the holiday of any party member(s) whose behaviour is such, in the reasonable opinion of the supplier, to cause or to be likely to cause danger, upset, harassment or distress to anyone else or damage to other persons or to property. No refund will be given in the event of you, or any member or your party, being requested to cease your holiday in such circumstances.
Furthermore, We shall be under no obligation whatsoever to pay compensation to you or any member of your party, or meet any costs or expenses (including but not limited to alternative accommodation) you, or any member of your party, may incur as a result of your stay being terminated in accordance with this clause.
If you, or any member of your party, cause damage to any accommodation in which you are staying or to any property of suppliers of tours, excursions or other elements of your holiday arrangements, you must fully reimburse the accommodation provider or relevant supplier concerned for the cost of the damage before the end of your holiday (if the cost has been established by then), or as soon as it has been established if later. You must also indemnify Us for the full amount of any claim (including all legal costs) made against Us by the relevant supplier or third party as a result of such damage caused.
9.1 If you have booked a package holiday with Us and your holiday 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 or the suppliers’ 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.
9.2 When you have booked a package holiday with Us and if the contract for the provision of the travel services 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.
9.3 Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two 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.
9.4Under 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 of these rights will be publicised at EU airports and will also be 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 6. If any payments to you are due from Us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.
9.5 In the unlikely event of your flight services being subjected to lengthy delay, arrangements for meals, overnight accommodation, etc, should be met by your airline. Conditions of carriage applicable to the relevant airline for your booking are available on request.
9.6 When We are not providing a package and to the extent that we are acting only as agent for other suppliers the provisions in 9.1-9.5 above relating to liability do not apply and any terms relating to liability to customers under such arrangements will be set out in the relevant suppliers’ terms and conditions.
We recommend that you have in place appropriate travel insurance in order to cover you and your party.
Information you have provided to Us for your booking will be forwarded on to the relevant suppliers of your holiday, so that the travel services can be provided to you. This applies to any sensitive personal data that may have been provided to Us when making your booking for the purposes of arranging your holiday. As this data may need to be transferred outside the European Economic Area in order for your holiday to be provided to you, then you agree that We may transfer your data (and the data of those in your party) to those suppliers for his purpose.
These Terms and Conditions are governed by the laws of England and Wales and the jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
It is unlikely that you will have a complaint that cannot be settled amicably between Us and/or the suppliers. However, disputes arising out of or in connection with this contract and/or any contracts with your suppliers should be brought to our attention at the earliest opportunity to enable Us and/or the suppliers to resolve matters as quickly as possible. If the matter cannot be settled amicably, you may wish to seek to use the special arbitration scheme operated through the TTA, which is administered by the Chartered Institute of Arbitrators. The scheme provides for a simple inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. Whether the scheme can be used will depend on the claim being brought, however for further details please see the TTA website at www.traveltrust.co.uk.