Terms & Conditions
These Booking Conditions form the basis of your contract with Football Escapes Ltd of International House, 24 Holborn Viaduct, London, EC1A 2BN, UK. Company registration number 10423795 trading as Football Escapes Ltd (“the Company”, “we”, “us” and “our”). All bookings made are fully protected under ATOL certification. They only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. Please note that the booking of villas, cruises and yachts are governed by separate Booking Conditions and will be supplied at the time of booking or on request. The Booking Conditions describe your obligations to the Company and the obligations of the Company to you. Please read them carefully.
1. YOUR RESERVATION
To confirm your booking, contact us either:
By telephone - your Travel Specialist will re-iterate all aspects of your itinerary, ask you to provide details* from the passports of each person travelling and confirm that you have read and agreed to our Booking Conditions. You will then be asked for payment of the required deposit or full payment if booking after balance due date. You can pay by debit/credit or by bank transfer (details on request). A contract between us will come into existence when we despatch our confirmation invoice to you to confirm your booking.
In writing – to confirm in writing please send full names of all passengers travelling as per passport and deposit payment. A contract between us will come into existence when we receive your payment in respect of the holiday arrangements discussed.
When you seek to make a booking after balance due date, full payment of your holiday will be required by the quickest method of clearance. The lead passenger name should be the person who has confirmed the booking. We treat the lead passenger as having the authority to book the holiday on behalf of all passengers.
For all bookings where only a deposit is paid at the time of booking, the remaining balance must be received by us ten weeks prior to departure, unless otherwise stated. Non-payment or late payment of your outstanding balance may result in your booking being treated as cancelled by you, in which case, the cancellation charges will apply. Contact us immediately if any information which appears on the confirmation invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. If you book through one of our authorised travel agents, please note that all monies paid to your travel agent for a holiday which does not include any flights are at all times held by the travel agent on behalf of the Company.
2. PRICE POLICY
We reserve the right to vary the price of unsold arrangements and to correct any errors of which we become aware at any time. Please check the up to date price when booking. You will be advised of the applicable price before your booking is confirmed.
We believe that it is essential to take out comprehensive travel insurance when you go on holiday and we strongly recommend that to do so is in your interests and those of your family.
We also ask that you provide us with the details of your insurer, the policy number and the emergency contact details to assist you in the event of an accident or emergency abroad. It will be necessary for you to comply with the requirements of the policy in the event of a potential claim; e.g. reporting a theft to the local police. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
4. Brochure & Website Accuracy
The descriptions in our brochures and on our websites may be prepared many months in advance but is believed to be correct to the best of our knowledge at the time of printing or publication.
5. PROVISION OF TRANSPORT & ACCOMMODATION
The various carriers who provide transport as described in our brochure and on our website have their own terms and conditions. International and sometimes national travel is subject to international conventions and regulations (such as EU regulations). The carriers’ terms and conditions may limit and/or exclude the supplier’s liability to you, usually in accordance with applicable international conventions or regulations. For more information on these, see Clause 10(ii)f). Air travel is also subject to the operational decisions of air carriers and of airports, which may result in delays, aircraft being diverted or schedule changes over which the Company has no control. The Company can provide you with copies of all relevant conventions, regulations and conditions upon request. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) (including any connecting flight or transfer) at the time of booking.
Due to the nature of the airline business, on rare occasions flight delays regrettably do happen. In such an event, while we will work with the airline to ensure any delay is a short and comfortable as possible, it remains the airlines responsibility to look after you. Depending on the length and cause of the delay, meals and accommodation and/ or compensation may be available from the airline.
6. ALTERATIONS AND CANCELLATIONS BY YOU
(i) Should you wish to make any changes to your confirmed booking, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.
(ii) Should you or any member of your party need to cancel your holiday, the lead person who made the booking must immediately advise us in writing. Your notice of cancellation will only be effective when it is received by us in writing. As we incur costs from the time we accept your booking the following cancellation charges will be payable.
PERIOD BEFORE DEPARTURE CANCELLATION FEE PER PERSON
Up to 30 days before departure: Loss of 40 % of total holiday cost
Between 29 and 15 days before departure: Loss of 60 % of total holiday cost
Between 14 days and less before departure: Loss of 100 % of total holiday cost
*** Bookings on some airlines and hotels during the peak season will have varying cancellation charges and, therefore, the fees shown above will not apply. The charges will be calculated and advised to you at the time of cancellation.
7. ALTERATIONS & CANCELLATIONS BY THE COMPANY
Occasionally, we have to make changes to and correct any errors in brochures, websites, and other material published by us, both before and after bookings have been confirmed and cancel confirmed bookings. We must reserve the right to do so.
However, we will not cancel your holiday unless you fail to make full payment on time, we are forced to do so as a result of circumstances outside our control or minimum numbers apply.
A minor change is any change which is not significant. For touring holidays, it may be necessary to make changes to the accommodation, routing or order of the itinerary. Unless the holiday is significantly altered as a result, any such change will not be treated as a significant change. Very rarely, we may be forced by “force majeure” (see Clause 8) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
8. FORCE MAJEURE
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event that we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include but are not limited to (and whether actual or threatened) war, riot, civil disobedience or strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, adverse flooding, fire, unavoidable technical problems with transport and all similar events outside our control. Advice from the Foreign Office against all travel or all but essential travel to a particular country or area will generally be regarded as ‘force majeure’. FCO travel advice appears on their website. www.fco.gov.uk/knowbeforeyougo which you are recommended to consult before booking and in good time before departure.
9. SPECIAL REQUESTS
Any special request must be advised in writing well in advance of departure if it was not already stated on your original booking form or at the time of booking. We will make every reasonable effort to make the arrangements. We do not however, have any legal liability to you in the event that we or a third party is unable to comply with your special requests. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
(i) The Company to You:
a) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
b) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from ‘force majeure’ as defined in clause 8 above
c) Please note we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see Clause 11.
d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 10(ii)a). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
e) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250 per person affected unless a lower limitation applies to your claim under Clause 10(ii) f) below. You must ensure you have appropriate travel insurance to protect your personal belongings. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under Clause 10(ii)f) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
f) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 Protocol with effect from 31st December 2012) and COTIF, the Convention on International Travel by Rail). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
g) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description:
a. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or
b. which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses.
11. DATA PROTECTION
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we *(and your travel agent) need to use the information you provide such as name, address, personal information including any special needs/dietary requirements, etc. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
We are required to pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels and transport companies. The information may be required by and provided to security or credit checking companies, financial institutions, public authorities such as customs, border control and immigration if required by them, or as required by law.
Your personal data may be stored, used and otherwise processed within the UK and/or any other country/ies of the European Economic Area (EEA). EEA countries are all member states of the European Union together with Norway, Iceland and Liechtenstein. We may also store, use or otherwise process personal data outside the EEA. Data protection laws may not be as strong outside the EEA as they are in the EEA. .Personal data will not be transferred to a country outside the EEA unless (1) the country to which it is transferred is one which the European Commission considers to provide an adequate level of data protection or (2) the personal data is transferred to a United States company which has signed up to the Safe Harbour scheme or (3) the personal data is transferred to a company which is required by our contract with them only to deal with the data in accordance with our instructions and to maintain appropriate security to protect the personal data which we are satisfied they have or (4) We are obliged to provide the personal data to a government / public authority in order to provide your holiday. We will not, however, pass any information onto any person who is not responsible for part of your travel arrangements or as we are legally obliged to do.
This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/ religious requirements. In making this booking, you consent to this information being passed on to the relevant persons.
*Please note that where information is also held by your travel agent, this is subject to their own data protection policy. If you believe that any of your personal data which we are processing is inaccurate or incorrect please contact us immediately by email firstname.lastname@example.org
Whilst we aim to ensure that your holiday runs smoothly, there may be times when it does not. Please follow the complaints procedure below to minimise inconvenience to all parties:
1. Any complaint should be reported immediately and directly to the supplier and, as soon as possible, to our local representative (where applicable). If you fail to follow this simple procedure, your right to claim compensation may be affected, as we will have been deprived of the opportunity to investigate and rectify the problem.
2. In the unlikely event that neither our representative nor our supplier is able to resolve the matter to your complete satisfaction, please telephone, fax or e-mail the details of your complaint during your holiday to FE Luxury Travel. E-mail email@example.com. Any costs incurred in doing so will be fully refunded.
3. Once in receipt of a complaint, we will react swiftly to resolve the matter. Our aim is to rectify any shortcomings immediately, so that you can fully enjoy the remainder of your holiday. If you still have cause for complaint on your return to the UK, you are required to seek satisfaction by writing to the Company within 28 days of the end of your holiday and providing full details of the holiday and the reason for dissatisfaction. We regret that we cannot accept liability in relation to any complaint or claim which is not notified entirely in accordance with this clause.
14. FINANCIAL PROTECTION
Under our airline partners, all flights are protected under the Air Travel Organiser's Licence issued by the Civil Aviation Authority. 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. 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 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.
15. LAW AND JURISDICTION
We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
1. DAMAGE/SECURITY DEPOSITS
Villa and apartment complexes require you to prepay a security deposit for the sole purpose of insuring the owner against any breakages, accidental damage or such caused by your negligence, losses, extra cleaning or outstanding accounts which you may have incurred during your stay. If damage exceeds the maximum applicable amount, you will be responsible for the full cost. The amount will be confirmed to you at time of booking and refunded post your holiday once the villa management agency has inspected the villa on the day of your departure. The inspection where possible will be conducted before you vacate the property so that reimbursement can be approved immediately or any remedial action mutually agreed. However, if this is not practical due to early/late departures the inspection will be conducted on the day of departure and reimbursement made no later than 3 weeks after departure.
If you discover any problems or breakages on arrival please report them immediately to avoid any misunderstanding once your rental period has ended.
2. Suppliers’ Conditions
Many of our third party suppliers have their own terms and booking conditions and you will be bound by these as they apply to your contract with us as far as the supplier is concerned. Our supplier’s conditions will also apply to your contract with us, and in the event of any conflict between the supplier’s conditions and our conditions, the supplier’s conditions will prevail, unless any term in the supplier’s conditions is deemed to be invalid or unenforceable, in which case our conditions will prevail.
Some of our suppliers’ conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. Where relevant, copies of such conditions may be available for inspection at the office of the relevant supplier.