The Law
Your Contract is with THG Travel Limited trading as THG Holidays Company registration 06129471 and we are a Member of ABTA membership number Y6433
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 and not at the point any payment is made. This contract is made on the terms of these booking conditions, which are 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. If a booking can not be confirmed within 48 hours then any payment received will be refunded to the customer.
As most bookings are made over the phone there is a possibility that either you, your travel agent or us could misinterpret what was said. Consequently, we will send confirmation either via your travel agent or direct to you by post or email. The confirmation will contain the names of the passengers that must be correctly spelt and identical to the full names shown in the passport, the dates and time of travel, departure and arrival points, room types, transfer arrangements and other relevant information. As a condition of this contract, you are required to carefully check your written confirmation to ensure that it is correct and exactly matches what you booked. If it is not, you are required to contact your agent or us within 7 days of receiving your confirmation to identify any inaccuracy and take a note of whom you reported it to. If you do not follow this procedure you have deprived us the opportunity of taking prompt corrective action and any consequential loss shall be your sole responsibility and not that of THG Holidays. All locally charged fees that are not expressly stated to be included in your confirmation invoice shall not be deemed to have been pre-paid by us and will be settled locally by yourself. All our package holidays include a booking fee (£10 for Europe and £20 for worldwide) and an ATOL fee of £2.50 per person.
Approximately 14-21 days prior to departure you will receive your e-ticket together with your final itinerary. In the case of late bookings, changes or payments, this information may be emailed to you to ensure safe receipt. We strongly recommend that you check these details very carefully as flight timings may have been adjusted since you received your previous confirmations. All timings will be based on local time, using the 24-hour clock.
We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number 9528. When you buy an ATOL protected fight 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 avoidance of doubt, any services bought directly by you outside of the package holiday arrangements cannot be financially protected by us and any loss arising in respect of such services is not the responsibility of THG Holidays (including any visa or other entry requirements).
We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are not 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).
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.
ABTA: We are a Member of ABTA, membership number Y6433 and are obliged to maintain a high standard of service to you as outlined 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 registering your complaint with us; it will not determine how your complaint should be resolved
We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book at booking stage and before your contract is confirmed.
When you make your booking, you must pay a non-refundable deposit of £150 per person or 15% of the holiday cost (whichever is greater) per person. Please note that the booking deposit may increase for some tactical promotions (including Secret Escapes) where there is a specific charge payable for accommodation or where a special airfare is used which requires us to issue the ticket immediately. The balance of the price of your travel arrangements must be paid at least 16 weeks before your departure date. If the deposit and/or balance is not paid in time, we may cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. If you have booked your travel arrangements directly with us you may make your payments by debit card, credit card or you can make a bank transfer to us. If you have booked via a travel agent they will advise you on payment methods acceptable to them.
We have the right to apply a surcharge to your booking when there are significant changes in costs after the time you made the booking. This list includes transportation costs, cost of fuel, taxes or fees chargeable for services such as landing taxes or embarkation/disembarkation fees and currency fluctuations. Surcharges can only be applied up to 21 days prior to departure in line with current guidelines. The first 2% of any increase will be absorbed by the business and will not be passed on to the customer. The maximum surcharge that can be applied is 8%.
At the time of booking or at any stage before departure you will be able to add special requests to your booking such as high floor or low floor rooms. Please note that all special requests are non-contractual and cannot be guaranteed and will be allocated at the discretion of the hotel. Please note that where a flight is included in you travel arrangements seat requests are not guaranteed and will be allocated by the airline in the class that you booked. Flight upgrades may be available subject to availability, and we are more than happy to provide you with the price of upgrading.
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. 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 £25 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 (e.g. Special Promotions via Secret Escapes or Wowcher) 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.
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 received by THG Holidays. Since we incur costs in cancelling your travel arrangements, you will have to pay the charges as follows:
Period before departure in which you notify us | Cancellation charges |
---|---|
More than 112 days | Full deposit |
71 days to 111 days | Full deposit plus 30% of holiday cost |
43 days to 70 days | Full deposit plus 50% of holiday cost |
15 days to 42 days | Full deposit plus 75% of holiday cost |
Within 14 days of Departure | 100% of holiday cost |
The full amount of deposit includes all non-refundable non-changeable elements booked where THG Holidays have already incurred the cost or charges. Some flight tickets are non- refundable, and any change requested after booking will incur a 100% cancellation charge for these tickets. All Secret Escapes, Wowcher, Groupon bookings are non-changeable and non-refundable. Failure to arrive at departure point will incur 100% cancellation charges.
If you do cancel your travel arrangements a cancellation invoice will be issued detailing cancellation charges incurred *Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges*.
If you decide to curtail your holiday for any reason, then this will be treated as a cancellation and full charges will apply. If we are forced to curtail your holiday for reasons beyond our control, then we will refund a reasonable amount for any unused elements of the holiday. The amounts we are able to refund will be based on amounts received from our suppliers and could be nil if any unused element is non-refundable or forms part of a special promotion. In such cases we would recommend you speak to your travel insurance provider.
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. Examples of major changes include a change of UK Departure point (a change of departure point to another London airport is not classed as a major change), change of primary resort, change of class of accommodation to a lower rating. Where you are undertaking a multi-centre trip, the changing of one element or one centre will not constitute a major change. 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 of aircraft type, change of carrier, cruise ship or flight route, change of hotel accommodation to another of the same or higher standard. Please note that airlines, aircraft type or cruise ship used in the brochure, website or flash sale may be subject to operational change outside our control and would not be deemed as a major change.
We will not cancel your travel arrangements less than 12 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a travel arrangement is not reached or we are no longer able to provide the holiday at the agreed price. If your holiday is cancelled by us you can either have a refund of all monies paid (less any charges imposed by our suppliers) 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). In some cases, we will pay compensation (see below). If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
If we cancel or 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.
Period before departure in which we notify you | Amount you will receive from us |
---|---|
More than 112 days | NIL |
More than 28 days | £10 per person |
More than 15 days | £20 per person |
More than one day | £40 per person |
Less than one day | £50 per person |
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, airline or cruise line schedule changes. If your holiday has to be altered or extended whilst overseas as a direct consequence of a Force Majeure event, then we will cover 50% of any costs incurred up to a maximum of £150 per booking. If you are unable to travel due to adverse weather conditions, we will give a refund of all monies paid less any charges imposed by our suppliers. Any shortfall in monies should then be claimed from your travel insurance. All other costs will need to be covered by you. In the event of any problems encountered whilst on holidays all changes must be approved by THG Holidays. THG Holidays reserves the right not to provide any alternatives or to cover any costs incurred where you have not obtained prior consent from THG Holidays, such consent not to be unreasonably withheld or delayed.
If your holiday is prevented from operating as planned due to a force majeure event, then we will offer a number of options depending on the exact circumstances. Our policy is to follow FCDO advice when deciding to operate to any destination. If the FCDO allows outbound travel, we will operate as normal regardless of any restrictions imposed elsewhere during the holiday or on return to the UK. Where such restrictions exist then the contract would become frustrated, and our normal terms and conditions would apply. However, we would offer to change the dates of the holiday in such circumstances, but no refund would be permitted.
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 or such requirements have changed after making the holiday booking. A number of countries may require you to apply well in advance for an electronic visa. Further information can be obtained at https://www.gov.uk/browse/abroad/passports & https://www.gov.uk/browse/visas-immigration. All passengers travelling to the USA will be required to apply for an ESTA way in advance of departure further information can be obtained at https://esta.cbp.dhs.gov/esta
The Foreign, Commonwealth & Development Office (FCDO) travel advice unit may have issued information about your holiday destination. You are advised to check this information on the internet at www.fcdo.gov.uk.- it is our company policy to follow FCDO advice pertaining to your destination. It is also your responsibility to check if you require any vaccinations or medical advice for the destination you intend to visit.
We strongly suggest that you independently arrange adequate travel insurance cover for you and your party from the time that you make your travel plans and this should be done at the same time as you make your holiday booking. Please remember to take your insurance schedule on holiday which will be provided by your independent insurance company. For the latest information please visit the following websites
https://www.gov.uk/guidance/foreign-travel-insurance
.
The information in our brochures and web sites are prepared many months in advance, however every effort has been made to ensure that the accuracy of the description, information and prices are correct. Whenever a service advertised has changed or has been withdrawn where practical we will advise you as we are reliant on hoteliers proving us with updated information.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier, car rental company or airline). If you are unable to resolve this to your satisfaction you must call our Customer Operations Team on 01792 482432 during UK working hours. If you need assistance outside these hours please call our out of hours support team on 0845 128 6531. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Operations Department at THG HOLIDAYS, Suite 3, RVB House , New Mill Court , Llansamlet , SA7 9FG giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the service(s) in resort and inform THG Holidays. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint in resort and this may affect your rights under this contract. Please also see clause 4 of these booking conditions for further information in respect of the ABTA process.
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 twice your holiday cost. 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, from THG HOLIDAYS, Suite 3, RVB House, New Mill Court , Swansea , SA7 9FG 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 9. If any payments to you are due from us, any payment made to you by the airline will be deducted. NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
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.
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.
Global weather patterns are becoming increasingly volatile and unpredictable. We cannot be held responsible for disruption to your holiday plans due to unusual or bad weather conditions.
Our brochures are prepared well in advance and scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before the departure. Should this apply, we will inform you at the time of booking and calculate the price in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply.
We will issue an invoice recording the arrangements reserved for you and will take a deposit. A contract between us will then come into existence on the basis that the price payable will be that applicable when the airline releases the seats. The timings and other flight details will be those confirmed at that time, which may be different to those advised at the time of booking. When the airline seats become available to book we will tell you the price, confirm the flight details and give you 7 days to tell us whether you wish to continue with the booking or cancel and receive a full refund. If you wish to continue with the booking, we will issue a revised invoice. If the requested flight seats do not become available, you will receive a full refund of your deposit. We will have no other liability to you and will not be responsible for refunding any costs that do not form part of your contract with us.
Unless otherwise stated, your booking does not include visa fees, overseas airport taxes, overseas porterage, any government taxes or compulsory charges to be paid locally, (these will be communicated within your documentation, where such fees are known to us); taxes, levies or other compulsory charges that require payment by you, directly. Where possible, we will advise you of any local charges that may be due. Optional excursions or activities booked during your holiday are payable by you. Any sundry costs incurred by you in preparation for your holiday, including but not limited to insurance, vaccinations, screening and medical certifications are at your own cost.
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. We will endeavour to notify you at the time of booking of pricing errors (if we are then aware of the mistake), within 7 days of the time of booking or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen itinerary at the corrected price or amend to a different holiday. We reserve the right to cancel the booking if you do not wish to accept the price that applies to your holiday or any quoted alternatives.
Flight timings, routings and days of operation shown on our website, in our brochures and/or detailed within your confirmation invoice are for guidance only and may be subject to change. They are set by airlines and are determined by various factors. Any changes to such arrangements are outside of our control. Airlines occasionally change the type of aircraft used on a particular flight without advance warning. We will advise you of any significant changes and any minor timing changes will be shown on your travel documentation, which you should check carefully when received. Any change in the identity of the airline, flight timings and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges, except where specified in these conditions.