Your contract is with Broadway Travel Service (Wimbledon) Limited (company" number 472065) trading as Inspired Luxury Escapes, a member of ABTA. For full details of how to contact us, please see clause 20 below.
When you make a booking you guarantee that you are at least 18 years old and have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English law, and the non-exclusive jurisdiction of the English Courts.
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this website and for your repatriation in the event of our insolvency. We provide this security by way of an Air Travel Organisers' Licence (ATOL) administered by the Civil Aviation Authority (CAA). If you book arrangements other than a package holiday from this website, the financial protection referred to above does not apply.
When you buy an ATOL protected air holiday package from us you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our ATOL number 3634.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.
The price of our air holiday packages 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 and will be shown separately on your confirmation invoice.
We are a Member of ABTA, membership number V917X. 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.
1) We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is con firmed.
2) When you make your booking you must pay a deposit plus the appropriate insurance premium, if applicable. Please note that certain travel arrangements may mean you are asked to pay up to 100% of the cost of these arrangements at the time of booking and we will tell you prior to you making a booking. The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times.
3) Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administrative charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or can celling and receiving a full refund of all monies paid, except for any amendment charges.
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 you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of (£50.00), and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices and will be effective on the date received. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 7.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, or if the actual carrier is not known at the time of booking, the likely carrier that will operate your flights. Where we are only able to inform you of the likely carrier we will tell you the actual carrier when we become aware of it.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.
Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard. Please note that your travel insurance policy may provide cover. There is an EC Community List of carriers which are subject to an operating ban throughout Europe and we will not use one of these airlines. In the event that an airline is or becomes listed, you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Please refer to the CAA's website www.caa.co.uk.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of a comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Force Majeure - This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
For holidays which include flights we provide assistance if you have reduced mobility or are disabled, provided that you notify us at the time of booking or not less than 48 hours before the departure time.
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at the address given in clause 20 giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
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, any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. 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 your agents own data protection policy.
Your data controller is: Broadway Travel Services (Wimbledon) Limited.
You are entitled to a copy of your information held by us. If you would like to see this please contact us and we may make a small charge for providing this to you.
We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us.
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. We are not liable for any services, such as excursions, which are not part of the contract. Please see clause 16. If we are liable to you, except in cases involving death, injury or illness, our liability shall be limited to a maximum of 2 times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can contact us for copies of the transport companies' contractual terms, or the international conventions.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.
For passengers who will be 28 weeks pregnant at the time of the intended return flight, airlines require a medical certificate confirming the passenger is medically fit to fly. Airlines will not carry any passenger who will be 32 weeks or more pregnant by the end of the intended return flight. Please contact your doctor or the Department of Health for advice.
Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
Flights timings on your confirmation invoice are for guidance only and subject to change. You must check your flight details and times on receiving your tickets and notify us immediately of any errors. The times quoted on your documentation are local times and you must check in at least 3 hours before the latest flight departure time advised by us, regardless of any anticipated delay.
Seats are not pre-bookable and you are more likely to get seats that meet your requirements if you check in early. If your outbound journey is not utilised, the inbound flight reservation is automatically cancelled.
We are not responsible for any losses if you arrive late for the specified check-in time for the flight, or lose your flight tickets. A charge of £10.00 per person (to a maximum of £5 per booking) will be made for the re-issue of lost tickets.
It is imperative that you confirm your inbound flight details with either us or the local office specified on your itinerary (not the Airport Authorities). Failure to do so may mean that you may miss your flight because the departure time has changed, or the airline may not allow you to board. We are not liable for any losses if you do not reconfirm your inbound flight.
If the contract we have with you is not performedor is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Excursions are not included in the price and are not part of your ATOL protected air package holiday. They can be booked in advance of your departure on holiday or in resort but these are not provided by us and do not form part of your contract with us. You have a contract with the excursion provider for whom we act as booking agent and we are not liable to you for any part of the excursion. We accept liability if we are negligent in processing your excursion booking.
We strongly recommend that you either buy our travel insurance or arrange another policy that provides you with equal or greater cover and advise us of the name of your insurer at the time of booking. As cancellation cover applies immediately, no refund of premiums can be made if you subsequently cancel your travel arrangements. If you do not take our insurance you will be required to sign an Insurance Indemnity form and no tickets will be issued by us until this is received.
One of the attractions of holidaying overseas is to see something of a culture and way of life that is different from what we are used to at home. You should not therefore expect things to be the same as in Britain. In other countries - some of which have only become accustomed to an influx of foreign tourists in recent years - the locals tend to be more relaxed in their approach to life, and this usually means taking their time over things. Also because of rapid developments in some resorts the development of the infrastructure (roads, power supplies, water supplies etc) has not kept pace with the demands of tourism. Of course, in the more sophisticated resorts of Spain and America for instance, you will often find all the facilities you are used to at home, but elsewhere things may be a good deal simpler. You may experience problems with pluming or drainage or inconvenience like a broken door handle, or missing light bulbs. Standards of furnishings or electrical fitting may be more basic. It is also worth remembering that on a holiday where the absence of rain rates high on your list of priorities, water shortages can sometimes be unavoidable - indeed even in the largest hotels if everyone decides to shower or bath at the same time, hot water may run short. If it is something that can be rectified just report it to the person in charge of your accommodation and it will be fixed - eventually! If you have real difficulties please contact us by telephone.
Food overseas can also be a little different too. You may encounter unusual dishes, but try - you might like it. Food is a very subjective matter and hotel menus are designed to please the greatest number of people. Most resorts have restaurants and snack bars where British style dishes can be bought if you prefer it.
Another factor of life overseas that can alarm British visitors is the number and variety of insects. They are prolific in some countries and little can be done about them, except regular control measures to keep them out of accommodation. For holidays to Florida the climate means that a hotel room may smell of must or have mildew. There is little that can be done about it despite the on-going efforts of hoteliers we are not responsible for it.
Being in the centre of town, near to all the shops, bars, discos and other entertainments may be noisy. We also offer out of town accommodation. With the increase in tourism and development it is difficult to find anywhere where building works of some kind are not going on. We have no control over this, but if, after you have booked, we find out about any building works going on near to your accommodation, which we think will significantly affect the enjoyment of your holiday, we will notify you.
We reserve the right to terminate your holiday or that of any member of your party, limited for behaviour that is likely in our opinion to cause distress, damage, danger or annoyance to yourself or others. We will have no further liability to complete your holiday or travel arrangements and will not be liable for any refund, compensation or additional costs incurred by you. We do not accept liability for the behaviour of others on your holiday, nor if any facilities are curtailed as a result of their actions. If you are any member of your party causes a delay or diversion to any transport arrangement you agree to indemnify us fully against any costs that we may incur.
Should you need to contact us, our postal address is
Broadway Travel Services (Wimbledon) Limited (company number 472065), trading as Inspired Luxury Escapes, Unit 1, Finway, Luton, Bedfordshire LU1 1WE.
Telephone: 0844 544 6771.