The Holiday People - Terms & Conditions
World Adventures Ltd Agency Terms and Conditions
These terms and conditions set out the agreement you enter into when you make a booking. We set out who is involved in the agreement and the responsibilities of those involved. This document is designed to ensure you are clear on your responsibilities and rights. We have aimed to make the clauses as readable and as understandable as possible indeed we encourage you to read them.
If you have any questions please don’t hesitate to contact us to talk through.
Introduction
1.1 The Holiday People is a company registered as World Adventures Ltd (company number 10367760) in the United Kingdom which acts as agent or sub-agent for all bookings we make or take on your behalf including but not limited to tours, multi stop holidays, flights and transfers. When making your booking our service is limited to making arrangements for you to enter into a contract with the (“Travel Providers”) who could be the principal or the agent of the principal in the agreement. When you make a booking we, World Adventures Ltd (“TAP”) begin processing your booking and arrange for you to enter into a contract with the Travel Provider who will provide the Travel Service and arrangements. By accepting these Agency Terms and Conditions you are giving us authority to liaise with the Travel Provider on your behalf.
1.2 Importantly, your booking is subject to both these Agency Terms and Conditions and the Booking Conditions of the Travel Provider(s). The Agency Terms and Conditions set out the terms of agreement between you and World Adventures ltd whilst the Booking Conditions set out the terms of agreement between you and the Travel Provider(s).
2. Making A Booking
2.1 Upon making payment a booking request is generated and will be confirmed within twenty fours hours, most bookings are confirmed immediately. Should your booking not be confirmed you will be entitled to a full refund. Please do not book any extra services such as flights until your booking is confirmed.
2.2 By making a booking with us you agree that
a) all passenger details on the booking are full and accurate (please ensure that names are exactly as stated in the relevant passport);
b) you have read all the terms and conditions set out on this webpage and agree (on behalf of yourself and all other persons named on the booking) to be bound by them and any applicable Service Provider's booking conditions;
c) you have read our Privacy Policy and confirm that you will provide our Privacy Policy to each named person on the booking; and
d) when making a booking, you are over 18 years of age, and were placing an order for services with age restrictions, you declare that you and members of your party are of the appropriate age of purchase for those services.
2.3 Confirmation of your chosen Travel Service(s) will be conditional on you making such initial payment as is agreed by us on behalf of the Service Provider, or payment in full, including applicable fees and charges. A contract between you, us and the Service Provider will only exist when we send your booking confirmation by email, which contains a valid Service Provider reference number (“Booking Confirmation”). Please check your Booking Confirmation carefully and report any incorrect or incomplete information to us immediately where we will try to assist you.
2.4 If you have chosen the option to spread the cost of your booking(s), all installments must be paid by the date specified at the time of making the booking. Unless otherwise specified, we will automatically take payment from the same debit/credit card used to pay your deposit. If full payment is not received (for whatever reason) by the Balance Due Date, we will notify the Service Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions. In the event of non-payment, the booking(s) may be canceled – please refer to the cancellation policy. It is always your responsibility to ensure your balance is paid by the Balance Due Date.
2.5 Please note that deposits are non-refundable.
3. Package Holidays
3.1 Some of the arrangements which we help you organize amount to "Packages", as this term is defined in the Package Travel and Linked Travel Arrangements Regulations 2018 (the "Package Travel Regulations"). In general, a Package will exist if you are resident within the EEA and you book a combination of at least two separate elements (not already packaged eg on a tour) of the following Travel Services in a single booking with us, where the arrangement covers a period of more than 24 hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) hire of motor vehicles; or (d) other tourist services.
3.2 If you buy a combination which includes 'other tourist services' and only one of (a), (b) or (c) above, then this will only be a Package if the 'other tourist services':
are not intrinsic to (a), (b) or (c) above;
are not purchased after the start of performance of (a), (b) or (c) above; and
either account for a significant proportion of the value of the Package (at least 25% of the value of the Package), or otherwise represent an essential feature of the Package.
3.3 When you book a Package, we will still be acting as an agent or sub-agent in the way described above and you will still be entering into separate contracts with the Service Provider(s) or principal supplier(s) of each individual Travel Service. However, because we help you organise the Package, the Package Travel Regulations require us to assist you in certain situations, which we will do as described in these Terms and Conditions.
4. Your Financial Protection
4.1 We operate a Trust Account which provides package bookings with maximum financial protection. When you make a flight and tour booking together (or a package holiday booking) your money is transferred to a TRUST account. We do not have access to this account and it is in place to ensure your money is protected until your service is delivered.
4.2 The money towards your flight is either paid in full at the time of booking or paid in full at 60 days before departure.
4.3 The money towards the tour Travel Service is paid to the provider upon the delivery of the Travel Service.
5. Insurance
5.1 It is a requirement that you take out travel insurance as a condition of making a booking. We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you have arranged your policy through us please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.
6. Passports, Visas and Health
6.1 For UK citizens Information about passport and visa requirements for your trip can be obtained from the Foreign Office 'Know Before you Go' website, here: https://www.gov.uk/knowbeforeyougo.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. Neither we, nor the Travel Provider, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. For citizens of any other country please refer to your own government foreign travel advice.
6.2 Please note inoculations may be required for the country visited. It is your responsibility to consult with your travel doctor for up to date medical travel information well before departure.
7. Complaints
7.1 We pride ourselves on delivering the highest standard of customer service but if you have any dissatisfaction regarding your travel arrangements they should be reported to the relevant Travel Provider or their local supplier or agent immediately. If the Travel Provider is unable to resolve your concern please contact our customer services team who will try to assist you. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to also make a formal complaint upon your return home then these should be addressed in writing to Customer Relations at World Adventures Ltd, alternatively please call our Customer Support Department who will then email you a link to our complaints form. If the matter cannot be resolved and it involves us or another ABTA member then it can be referred to the ABTA Alternative Dispute Resolution (ADR) scheme, accessed here www.abta.com or you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr.
8. Limitation of Liability
8.1 For the avoidance of doubt, your booking is directly with the Travel Provider. Other than where we are negligent in the provision of our services to you, World Adventures Ltd accepts no liability or responsibility for any complaint, loss, damage, expense or other claim in respect of any aspect of your bookings or travel arrangements. Specifically, we will not be liable for any act or omission by any person not employed directly by us or under our immediate control and whilst we have chosen our Travel Providers with care we have no control over our Travel Providers and so cannot be held responsible for any action or omission of our Travel Providers or their servants, agents or employees.
8.2 Moreover, we cannot be held responsible for any loss, damage or expense incurred or suffered by you which results from strike, civil commotion, fire, flood, war, threat of war, terrorist activity, pandemic, national or nuclear disaster, late delivery, adverse weather conditions any act of God and / or any other event which is outside of our reasonable control. In no circumstances shall we be liable for any economic loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services under these terms of business or otherwise in connection with these terms of business; or for any indirect, special or consequential loss or damage (howsoever arising).
8.3 In all cases the absolute aggregate maximum liability of World Adventures Ltd under or in connection with these terms of business (however arising) shall be limited to the total price paid by the customer for the specific bookings related to any given complaint. Nothing in these terms of business shall limit or exclude the liability of World Adventures Ltd for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation or from any other liability which cannot be excluded by law.
9. Cancellations & Amendments
9.1 The different elements of your booking may have slightly different rules. With regards to Flight + Tour package:
9.2 If you decide to cancel your booking then the terms of your flight element will be determined by the airline ticket terms and conditions. These are listed on your quote confirmation. All flight deposits are non-refundable. The tour deposit is non-refundable. You may be eligible for some refund pending the period between cancellation and departure date. This is specified in the providers booking conditions.
9.3. If the airline cancels your flights then they will provide us with a refund to rebook alternative flights or refund to you.
9.4.If you decide to change the dates of your trip you will incur fees on one or all of your items booked including but not limited to tours, flights, accommodation and transfers. Airline date changes fee can be found on your flight quote confirmation.
9.5 In the rare event that your tour is cancelled we will when possible offer a similar alternative. Difference in price may be applicable, but we will try our utmost to minimise this cost. If you do not accept this alternative and choose to cancel your flight then you will be charged the airline cancellation fee If the tour is cancelled or the date is changed then you will be charged the airline cancellation or date change fee.
9.6 If you’ve booked a Tour Only then:
9.7 If the tour operator cancels your booking you’ll either be able to move your dates to a new departure date or receive a full refund including deposit.
9.8 If you choose to cancel your booking the deposit is non refundable. You may move your booking to a new date for a £50 administration charge plus any price difference. In certain cases credit may be allowed pending the operators terms for the particular booking. Cancellation terms are as follows:
Cancel +84 days before departure is loss of deposit only
Cancelling between 45 - 84 days of departure will incur a 50% of total tour cost
Cancelling between 30 - 44 days of departure will incur a 75% of total tour cost
Cancelling between 0 - 29 days to departure will incur a 100% cancellation fee
9.9 Transfers: 100% of the value of the transfers is non-refundable from the point of booking.
9.10 A cancellation must be made in writing (via email) to us on hello@theholidaypople.com or direct to the sales agent you had been in touch with.
9.11 In relation to Package bookings only, in addition to the cancellation rights set out above, you shall have the right to cancel your booking before the start of the Package without paying any cancellation charge in the event of unavoidable and extraordinary circumstances (which is described in paragraph 12 below) (“ Unavoidable and Extraordinary Circumstances”) occurring at the place of destination or its immediate vicinity and we have confirmed to you that they will significantly affect the performance of the Package, or they significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in paragraph 14 below. In relation to cancellations made as a result of global travel disruption arising from the Coronavirus outbreak, the initial refund of package bookings may take the form of a refund credit note, to which the insolvency protection attaching to your original booking will attach (see paragraph 22 below), which will give you the option to rebook your holiday by a certain date or (if not used by that date) to obtain a cash refund of the relevant amount.
9.12 Any amendment to an existing booking by you will incur a £50 per passenger fee which includes but is not limited to: date changes and name changes.
10 Unavoidable and Extraordinary Circumstances
10.1 In these Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
10.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the booking.
10.3 Except as set out in these Terms and Conditions, we and the Service Providers shall have no responsibility or liability to you for any failure to perform, or a delay in performing, any obligations owed to you which are caused by Unavoidable and Extraordinary Circumstances.
11 Our Responsibility For Your Booking
11.1 Non-Package Bookings
Your contract for the Travel Service is with the Service Provider who will be the principal or the agent of the principal and their booking conditions apply, subject to such payment terms we have negotiated. As agents, we accept no responsibility for the actual provision of the Travel Service. Our responsibilities are limited to the booking service we provide to you. We accept no responsibility for any information about the Travel Service that we pass on to you in good faith if any errors in that information are beyond our reasonable control (e.g. because they are solely due to the fault of the Service Provider).
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We only supply our services for domestic, non-commercial and private use. We do not therefore accept liability for any business losses (e.g. loss of profit, loss of business, business interruption or loss of business opportunity).
We also accept no responsibility for the behaviour or actions of third-parties related to your accommodation, transfer or flight, or for any facilities/services withdrawn as a result of their actions.
In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to three times the cost of your affected Travel Services (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees, agents or subcontractors whilst acting in the course of their employment or engagement, liability for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law.
11.2 Package Bookings
We have a liability to you for the performance of the Travel Services included in your Package booking under the Package Travel Regulations, irrespective of the fact that such Travel Services are to be performed by the Service Providers or the principal suppliers.
However, you must tell us immediately of any failure to perform or improper performance of your Travel Service (“ Failure”). This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or limited compensation.
If a significant proportion of the Travel Services included in your Package cannot be provided as agreed in the booking, we shall offer suitable alternative arrangements for the continuation of the Package. Sometimes this may include extra cost to you if the arrangements cannot be found at a like for like price with the original package price. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the booking. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph 13.
If a Failure substantially affects the performance of the Package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your Package or terminate your booking without paying a termination fee.
If we are unable to ensure your return to your place of departure as agreed in your Package because of Unavoidable and Extraordinary Circumstances, we shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package.
If a longer period of accommodation than that referred to above is provided for in Union passenger rights legislation (as described in the Package Travel Regulations) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.
Finally, we shall provide you with appropriate assistance without undue delay if you are in difficulty whilst on holiday, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
12. Package Bookings: Price Reduction and Compensation for Damages
You will be entitled to an appropriate price reduction for any period during which there is a Failure (as described in paragraph 13 above), unless the Failure is attributable to you.
You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:
attributable to you;
attributable to a third party unconnected with the provision of the Travel Services included in the Package and is unforeseeable or unavoidable; or
due to Unavoidable and Extraordinary Circumstances.
We shall not be liable to pay compensation to you in connection with your Package where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of the Service Providers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package. Please ask us for copies of these international conventions if you would like to see them.
Our liability will also be limited in accordance with the contractual terms of the Service Providers which provide the transportation element of your Package Holiday and in an identical manner as if such limitations applied directly to us.
Our liability to you in connection with your Package shall be limited to a maximum of three times the cost of your Package, except in cases involving death, injury or illness where we or the Service Providers have caused such damage intentionally or with negligence.
If you are granted compensation or a price reduction by another party in relation to the same Failure which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.
Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your Package, except in cases involving death, injury or illness where we have caused such damage with negligence.
Jurisdiction
13 Your contract with World Adventures Ltd will be governed by English law and any related disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland as appropriate can deal with any disputes.
14. Website Accuracy
14.1 While we have endeavoured to ensure the accuracy of the information available on this Website, you acknowledge and agree that the information is provided by suppliers and from other third parties. Such content is the responsibility of the merchant or third party creator of the content. We have no responsibility for such content as we are merely providing access to such content as a service to you. We do not endorse, support or represent any information about any arrangements featured on this website or any opinions posted by third parties. We cannot give any kind of warranty concerning the truthfulness, accuracy, reliability, or timeliness of any information on the website, and we have to disclaim all liability in respect of such information.
14.2 The information and materials posted on this website may contain errors, omissions, or typographical errors or may be out of date.
14.3 Prices quoted are for guidance only. We do our best to ensure that all travel providers offer what they claim to offer, but we are not able to guarantee they do at all times.
15. Privacy
15.1 Our Privacy Policy can be found here.
16. Cookies
16.1 Our Cookie policy can be found here.
17. Terms Of Use
17.1 Our Terms of Use policy can be found here.
18. ABTA
18.1 We are a Member of ABTA, membership number P8142. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
19. Force Majeure
19.1 Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, and adverse weather conditions, epidemics and pandemics or other health emergency, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
20. Delays and Missed Travel Arrangements
20.1 If you or any member of your party miss your flight or another transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
20.2 Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
20.3 We cannot accept liability for any delay which is due to any of the reasons set out in clause 17 (Force Majeure) of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
21 . ATOL & Financial Protection
21.1 The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
21.2 We provide you with financial protection for any flight-inclusive package or flight that you buy from us by way of our Air Travel Organiser’s Licence (ATOL) number 11740 administered by the Civil Aviation Authority Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
21.3 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).
21.4 If we, or the suppliers identified on your ATOL certificate, 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 to arise 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 reassigned to another body if that other body has paid sums you have claimed under the ATOL scheme.
21.5 When you buy an ATOL protected flight inclusive holiday, all money is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
21.6 When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
21.7 We will provide you with financial protection for any package holidays you buy from us that do not include flights by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ. For further information, visit the ABTA website at www.abta.com.
21.8 If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.