Terms and Conditions
These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website(s), together with any other written information we brought to your attention before we confirm your booking, form the basis of your contract with Cypher Travel Software Ltd, a company registered in England and Wales with company number: 16028704 and registered office address of 17 Bourton Road, Solihull, B92 8AY (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
PLEASE NOTE: The majority of travel we sell are flights-only. Nevertheless, we also sell packages and other single services (i.e. a flight-only; accommodation-only; transfer-only; visa-only; or tour-only service). In selling these services, we act in the following capacities:
Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 15 for further details of where this will be the case), as a Principal in the sale of a single service booking or as an OTA in the facilitation of bookings (i.e. accommodation, flights etc.) sold by a third party tour operator/supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Booking & Paying For Your Arrangements
A booking is made with us when you pay us in full via a bank transfer or use of a buy now pay later facility and we issue you with a booking confirmation either directly from ourselves or on behalf of the Supplier/Principal, where we are acting as an OTA (please see Section D for further details). If you do not receive the booking confirmation, please contact us. Please note the amount of the payment due will be dependent upon whether you have booked a package with us where we are acting as Package Organiser, a single service booking where we are acting as Principal, or whether we are facilitating the booking as an OTA sold by a Principal/Supplier.
A binding contract between you and the Supplier/Principal (where we are acting as an OTA) or between you and us comes into existence when we despatch the booking confirmation to the first named person on the booking.
Upon receipt, if you believe that any details on your booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document. Please note, fees including 100% of the cost may be chargeable if inaccuracies go unnoticed by you and you are responsible for informing us of any.
As with the deposit, the balance due date of your booking is dependent upon whether you have booked a package with us where we are acting as Package Organiser (please see Section B), a single service booking where we are acting as Principal (please see Section C, or whether we are facilitating the booking as an OTA sold by a Principal/Supplier (please see Section D).
Bookings made Online
When you make an online booking you agree that:
2. Accuracy
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.
3. Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur and with the real time dynamic nature of the travel industry prices are only current at the checkout. You must check the price of your chosen travel arrangements at the time of booking.
Where you have booked a Package, additional terms and conditions apply, please see clause 15 for further information.
4. Insurance
Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. Airlines or any other transportation modes could be vulnerable to face insolvencies and accommodation providers or tour operators could also lead to failures or face situations outside of their control, resulting cancellations or suspensions of service causing losses for you. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
5. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal, where we are acting as an OTA) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/the 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, volcanic eruptions or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the Supplier(s) concerned’s control.
6. Special Requests & Changes By You
Special Requests
Any special requests must be advised to us at the time of booking e.g., special meals, wheelchair requests or special assistance, room location, a particular facility at a hotel and/or particular class on a flight and/or seat allocation (please see below) etc. You should then confirm your requests either in writing via e-mail or over the phone. Whilst every effort will be made by us (or the Supplier/Principal, where we are acting as an OTA) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the Supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
Premium Economy, Business, First Class
This service may only be purchased at the time of booking. Depending on the airline, the service may sometimes only be offered on certain sections of the journey.
The facilities available on flights (i.e. on-board service available) will differ between airline providers, therefore please refer to the particular airline’s website for such details. In addition, airlines may change the type of aircraft and/or overbook a cabin class which may result in changes to the facilities available to you and/or a downgrade in a particular cabin class you may have originally selected.
In either case, the airlines own terms and conditions will apply, located on the airline’s website and we cannot be held responsible for such changes. Any complaints must therefore be made directly to the relevant airline.
Changes By You
Whilst changes in most situations are covered elsewhere in these Booking Terms & Conditions, as a general rule if you change any part of your booking after the payment has been made to us, this may cause additional charges. However, should you need any change to your booking, you must notify us immediately.
If you need any changes to your booking, these changes could only take affect subject to third party policies, availabilities and additional fees. In the events of liabilities incurred to us due to the changes made by you, you agree to compensate us for that fee. No name changes or transferring bookings to another person is allowed. Date changes are often subject to but not limited to ‘’minimum stay’’ and ‘’maximum stay’’ rules and not allowed outside the validity period of your ticket. If you require changing the travel dates, in addition to change penalty and administrative fee, you may have to pay an additional fare when we rebook according to current fares available.
7. Disabilities and Medical Problems
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us (or the Supplier/Principal where we are acting as OTA) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen travel service.
Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
8. Entry, Visa, Passport and Health Requirements
It is your responsibility to check and fulfil the entry, passport, visa, immigration requirements, safety and health formalities applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates, the Foreign, Commonwealth and Development Office (“FCDO”) and your own doctor as applicable. Requirements and the safety of the countries and areas in which you will be travelling to, do change and you must check the up to date position in good time before departure in order to make your decisions accordingly.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA (including transit through the USA and Canada), and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov.
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).
For travel to Norway, Iceland, Liechtenstein and Switzerland, UK GHIC and EHIC cannot be used for medical treatment. Passengers to these destinations should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
Up to date travel advice can be obtained from FCDO, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements.
9. Delays, Missed Transport Arrangements and other Travel Information & No Shows
If you or any member of your party misses your flight or other transport arrangement (e.g., ferry, tour van, car, etc.), 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.
Under UK 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 publicised at UK 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.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 8 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).
The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times Any changes to flight timings etc. will be communicated to you, but it is always recommended to visit the website of the service provider for the latest information prior to departure.
Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.
This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
No Show
If you do not check in for a confirmed flight booking you hold, this is usually considered as a ‘’no show’’ by an airline. If you have any subsequent sectors such as a return sector or a multi city option, the airline will often automatically cancel them in any event of a no show which can often mean a cancellation charge of up to 100%. If you do not intend to check in for any part of a confirmed flight you have booked, you must notify us immediately so we can help avoid such a situation. Unfortunately, a ‘’no show’’ could happen due to delays reporting at the airport caused by unexpected situations such as traffic delays, vehicle break down, sickness etc., therefore we advise you to travel to the airport having ample time. We hold no liability towards any loss, damage or fees imposed due to ‘’no shows’’.
10. Flight Check-in, Flight or Holiday Cancellation Policy & Changes Made By An Airline
Flight Check-In
You shall be solely responsible for ensuring that you and your baggage arrive at the specified check in point at the departure airport in sufficient time to be carried on any flight and that all passengers possess all required identity documents, visas and other documents required by the states of departure, travel and arrival of the flight for the transportation of them and their baggage. If you fail to arrive in sufficient time to be carried on the flight or comply with any of the aforementioned, we and the Supplier/Principal, where we are acting as an OTA, will not be liable to you.
Advance Passenger Information: A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our Privacy Policy.
Flight or Holiday Cancellation Policy
Please note:
Changes Made By An Airline
An operating carrier (airline) may change (either in a minor or major way) the schedule of flight due to various reasons therefore we recommend that you visit the airline’s website to confirm your departure details for all your flights. In the event of schedule changes, failure to reconfirm any sector of your itinerary may result in you needing to purchase a new flight ticket. In the event of any changes done by the airlines to your confirmed itinerary (issued tickets only), if they notify us, we will contact you and inform you as soon as we can. If not, these changes will be notified to you at the time of check in at the airport. The airline may offer you alternative options as a result to schedule changes done by them. These include offering a full refund or giving alternative route or carrier without additional cost or offering a different flight on same carrier without additional cost or offer you some other solution. In any case, the final decision will be given by the respective airline. Amendments or alternatives chosen other than what the airline has offered may incur additional charges. If the Carrier/Airline/Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you do not accept the alternative option given by the airline and request a refund for a partially used flight, you may only be refunded only a partial amount.
Once you accept any changes, and we change your flight as per the new schedule, any subsequent change you request will be subject to fees applicable under ‘’changes or cancellations’
11. Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, the opinion of the Supplier/Principal (where we are acting as an OTA) or in the opinion of any flight attendant, captain, hotel manager, property owner, or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we/the Supplier/Principal reserve the right to terminate your booking immediately.
In the event of such termination our liability (or the Supplier/Principal’s where we act as OTA) to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. This will include boarding being denied where you and/or your party carry out unruly behaviour (i.e, under the influence of alcohol/drugs) when checking in or boarding the flight.
Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other Supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
12. Law and Jurisdiction
These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
13. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Such terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these Terms and Conditions and applicable International Conventions are available on request from us or the supplier concerned.
14. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with 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. Although we may recommend certain suppliers to you (e.g., site seeing attractions, safaris, theme parks, etc), 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.
SECTION B: PACKAGE BOOKINGS
This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 15 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.
15. Definition of a Package
Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.
A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:
provided that those travel services are purchased together from a single visit to our website, retail store and/or telephone and email and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.
We occasionally sell Packages that are not organised by ourselves but by a third party Supplier/Principal, which we sell as an OTA on the Supplier/Principal’s behalf. We will advise you where this is the case prior to you placing your booking. For such sales, this Section B will not apply, please refer to Section D instead.
16. Pricing of Packages
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or 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 lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £75.00 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.
There will be no change made to the price of your confirmed Package holiday within 20 days of your departure nor will refunds be paid during this period.
17. Cutting your Package Holiday short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
18. If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing via out chat or e-mail at [email protected] as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £75.00 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our Suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 19.
Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 19 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed (for example, scheduled airlines normally regard name changes as a cancellation and rebooking) and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
19. If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing via chat or e-mail at [email protected]. Your notice of cancellation will only take effect when it is received in writing by us via e-mail and will be effective from the date on which we receive it.
Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
| Period before departure in which you notify us | Cancellation Charge |
|---|---|
| More than 70 days | Loss of deposit only |
| From 70 to 42 days | 35% of holiday cost |
| From 42 to 31 days | 70% of holiday cost |
| Less than 30 days | 100% of holiday cost |
Please note that amendment charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may terminate the package travel contract at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.
For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, 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 as agreed in the package travel contract.
This clause 19 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .
20. If We Change or Cancel your Package Holiday
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include a change of accommodation to another of the same or higher standard and changes of carriers.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
Cancellation: We will not cancel your Package holiday less than 70 days before your departure date, except for reasons of Events Beyond Our Control 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 particular travel arrangement is not reached.
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
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 of a significant change | Compensation per Person (excluding infants) |
|---|---|
| More than 60 Days | Nil |
| Between 59 to 14 Days | £40 Per Person (Excluding Infants) |
| Less than 13 Days | £50 Per Person (Excluding Infants) |
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
21. Complaints
We make every effort to ensure that your Package holiday arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your holiday, this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your holiday, please inform the relevant supplier (e.g., your hotelier or airline) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us using the emergency contact numbers provided within your travel documents.
If the problem cannot be resolved and you wish to complain further, call the managing director of Cypher Travel Software Ltd on 07891000886, or send us an email of your complaint at:
[email protected]. Please have you booking reference and all other relevant information ready to discuss. Whichever route you choose to notify us of your complaint, you must do so ideally within 28 days of the end of your stay.
If you chose call us, you must follow up with a complaint in writing, sent to [email protected] giving your booking reference and all other relevant information. Please keep your email concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable Supplier’s ability to investigate your complaint, and will affect your rights under this contract.
22. Insolvency Protection for Package Holidays
All the package holidays we facilitate as an travel agent are protected by the package organiser (which will be the Supplier/Principal) and we will provide you with their confirmation. 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.
When you buy an ATOL protected product 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.
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 (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 Supplier(s) 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 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.
We provide full financial protection for our package holidays which do not include flights, by way of a bond held by [ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk] /an insurance policy with [name of insurer]/ a trust account [details].
If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.
23. Our Responsibilities to You in respect of Package Holidays
24. Prompt Assistance for Packages
If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any Supplier, airline or other Transport Supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
SECTION C: SINGLE SERVICE, PRINCIPAL BOOKINGS
This section applies to all Single Service bookings that you make with us (e.g. an accommodation only booking) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.
25. If You Change or Cancel your Single Service Booking
Changes:
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing at our office or via e-mail as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £75.00 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our Suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
Note: Certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
Cancellations: If you, or any member of your party, decides to cancel your booking after it has been confirmed, the first named person on the booking must email us at [email protected] or send written notice to our office. Your notice of cancellation will only take effect once we have received your e-mail or when it is received in writing by us at our office. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
| Period before departure in which you notify us: | Cancellation Charge |
|---|---|
| More than 70 days | Loss of deposit only |
| From 70 to 42 days | 35% of the holiday cost |
| From 42 to 31 days | 70% of the holiday cost |
| Less than 30 days | 100% of the holiday cost |
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% for that part of the arrangements in addition to the charges above.
Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.
26. If We Change or Cancel Your Single Service Booking
We may in certain circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by Events Beyond Our Control (see clause 5) to change or cancel your travel service(s) after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
27. Complaints
Please refer to clause 21 for details of the procedure to follow, in the event that you have any problems during the performance of your booking.
28. Our Responsibilities for you Single Service Booking
29. Financial Protection
If you book arrangements other than a Package holiday from us, your monies will not be financially protected. Please ask us for further details.
SECTION D: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as an OTA. Please read this section in conjunction with Section A of these Booking Conditions.
30. Your Contract with the Supplier/Principal
Where we act as an OTA, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation provider) of your chosen travel arrangements, as specified in your confirmation invoice.
As an OTA we accept no responsibility for the acts or omissions of the Supplier or for the services provided by the Supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
31. Payment
All purchases must be made in full at the point of sale and in the event of payment failure we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
Except where otherwise stated in the Booking Conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.
32. Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing and/or by email at least 72 hours before departure, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the Terms and Conditions of the Supplier/Principal of your Arrangements.
The Supplier/Principal may charge the cancellation or amendment charges shown in their Booking Conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £75.00 per booking for any amendments to bookings and an administration fee of £75.00 for cancellations or as otherwise set out in the Service Charges table below. We will notify you of the exact charges at the time of amendment or cancellation.
33. Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.
34. Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its Booking Conditions apply. As an OTA, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (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 whilst acting in the course of their employment.
35. Complaints
Because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly at [email protected].
36. Financial Protection
All the package holidays we facilitate as an OTA are protected by the package organiser (which will be the Supplier/Principal) and we will provide you with their confirmation. 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.
