OUR BOOKING POLICY
QUINTESSENTIALLY TRAVEL
TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”), together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, form the basis of your agreement with us, Quintessentially Travel Limited, a company registered in England with company number 06648649 at registered office address 29 Portland Place, London W1B 1QB (“Quintessentially Travel”, “we”, “us” and “our”). Please read these Terms and Conditions carefully as they set out our respective rights and obligations. In these Terms and Conditions, “you” and “your” includes 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 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:
a. he/she has read these Terms and Conditions and has the authority to and does agree to be bound by them;
b. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
c. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please Note: We act in the following capacities, as a Package Organiser in the sale of a Packages (please see clause 12 for further details) as well as an Agent on behalf of Supplier/Principal for certain travel elements. As a result, our obligations to you will vary depending on what capacity we are acting in or what you have purchased from us, therefore we have outlined our differing obligations to you in the following separate sections:
(A) Section A contains the conditions that will apply to all bookings you make with us;
(B) Section B contains the conditions which will apply where we act as the Package Organiser for Package bookings; and
(C) Section C contains the conditions that apply where we act as Agent.
SECTION A – APPLICABLE TO ALL BOOKINGS
This section applies to all bookings made with us. Please read this in conjunction with the relevant section below which is applicable to your booking.
1. ACCURACY OF ADVERTISING MATERIAL
We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must therefore ensure you check the current price and all other details relating to the arrangements that you wish to book with us at the time of booking.
2. TRAVEL INSURANCE
Adequate travel insurance is a condition of your contract with us or your Supplier/Principal where we act as agent. 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. If you choose to travel without adequate insurance cover, we, nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
3. EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Terms and Conditions, we nor the Supplier/Principal can accept liability or pay any compensation if either of our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Terms Conditions, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
4. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking (e.g. diet, room location, a particular facility etc.). You should then confirm your requests in writing. Whilst every effort will be made by us to arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on either to the Supplier/Principal where we act as agent or to our for Packages, 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 nor the Supplier/Principal unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
5. ACCOMMODATION RATINGS & STANDARDS
Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We nor the Supplier/Principal can guarantee the accuracy of any ratings given and no warranty is given or implied.
6. DISABILITIES & MEDICAL PROBLEMS
We are not a company which specialises in sale of services or goods for disabled individuals, 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 booking and/or purchase, please provide us with full details before you make your booking and/or purchase so that we or the Supplier/Principal (where we act as agent) can try to advise as to the suitability of your chosen booking and/or purchase. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate (where applicable). Acting reasonably, if we or the Supplier/Principal 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.
7. YOUR RESPONSIBILITIES
All customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager 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 or the Supplier/Principal (as applicable) reserve the right to terminate your booking with us immediately. In the event of such termination our or the Supplier/Principal’s (as applicable) liability 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. We nor the Supplier/Principal shall have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and payment of 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 and/or Supplier/Principal as a result of your actions, together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
8. EXCURSIONS
Excursions or other tours that you may choose to book or pay for whilst enjoying your booking are not part of your contracted arrangements with us and/or Supplier/Principal. 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 and/or Supplier/Principal. Neither we nor the Supplier/Principal are responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
9. ENTRY, PASSPORT, VISA & IMMIGRATION REQUIREMENTS, SAFEY & HEALTH FORMALITIES
We can only provide general information regarding entry, passport, visa and immigration requirements and safety and health formalities applicable to your Package. Where you book anything other than a Package from us (such as where we act as agent), we are not required to provide such information, but choose to provide this information on a complimentary basis. However, regardless of what you purchase, it is your responsibility to check such requirements (in good time before departure), in order to take appropriate action to fulfil such requirements regarding your destination and/or the country(ies) through which you may be transiting through.
Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETIAS for EU travel or ETA for UK travel.
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.
- the UK Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);
- UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship).
- Applicable Embassies, High Commission and/or Consulates;
- Your own physician or doctor.
For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure, which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
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 and immigration requirements or health and safety 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 and immigration requirements or health and safety formalities.
10. GOVERNING LAW
Your contract with us and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your itinerary, will be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable. If you do not so choose, English law will apply.
11. ADVANCE PASSENGER INFORMATION
A number of Governments are introducing new requirements for travel businesses to provide personal information about all travellers to the Authorities prior to travellers arriving at the destination. The data will be collected either at the time of or after a booking is made, most likely by ourselves or the Supplier/Principal. Where we collect this data, we will treat it in accordance with our Privacy Policy.
SECTION B
This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 12 below for further details of when this will be the case). Please read this section in conjunction with Section A of these Terms and Conditions.
12. DEFINITION OF A PACKAGE
Where your booking is for a Package 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 these Terms and Conditions.
A “Package” exists if you book a combination of two of the following separate travel services:
a) transport;
b) accommodation;
c) rental of cars, motor vehicles or motorcycles (in certain circumstances);
d) any other tourist service not intrinsically part of one of the above travel services;
…provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are 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: Please note that:
a) where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b) where you have made a booking which consists of not more than one type of the travel services 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:
– do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
– are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will not be afforded the rights under the PTRs.
13. BOOKING & PAYING FOR YOUR PACKAGE
To make a booking with us, you may contact us by e-mail or telephone (as detailed on the website), or by submitting a form (“Request Information Form”) through our website. Our staff will then prepare a travel proposal “Proposal” for you based on your requirements. The Proposal will set out the price of the Package, as well as the payment schedule. If you would like to proceed as per the Proposal, please ensure all details set out in the Proposal are accurate and then confirm approval to us in writing. Once we receive this approval from yourself, a confirmation invoice for payment will be issued, as detailed in the Proposal.
Please carefully check the confirmation invoice and notify us immediately if any details are incorrect or incomplete and we will reissue the relevant invoice
Typically where the Package is more than 8 weeks prior to departure the deposit will be 10% of the total amount, but this will be confirmed in the Proposal. We reserve the right to return your deposit and decline to issue a Confirmed Itinerary at our absolute discretion.
Where the Package departure date is within 8 weeks from the time of travel, the total amount of the Package will be due. The balance of the cost of your Package (including any applicable surcharge) is due not less than 8 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your Package as cancelled by you and clause 16 will apply.
Once you have made the settled payment detailed in the confirmation invoice, your booking will be accepted by us and a binding contract will come into existence between you and us and we will issue a Confirmed Itinerary. If your confirmed arrangements include a flight, we will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate, Confirmed Itinerary or any other document we send you 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.
Your tickets and other travel documents will normally be issued between 10 and 14 days prior to the date of travel.
Due to the nature of the bespoke Packages we arrange, we are often not unable to confirm every requested element at the time of booking. Once the key elements of your Package (flights, accommodation etc.) are booked and confirmed, we will then complete the remainder of itinerary.
14. PRICING OF PACKAGES
We reserve the right to amend the price of unsold Packages at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:
a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
b) the level of taxes or fees chargeable for services applicable to the itinerary imposed by third parties not directly involved in the performance of the itinerary, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
c) the exchange rates relevant to the Package.
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 Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another Package 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 cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and 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 Package go down due to the changes mentioned above, then any refund due will be paid to you, less an administrative fee of £50. 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 itinerary within 20 days of your departure nor will refunds be paid during this period.
15. IF YOU CHANGE OR TRANSFER YOUR PACKAGE
If you wish to make changes to any part of your Package after our booking confirmation has been issued to you, you must inform us in writing as soon as possible by emailing [email protected], detailing the changes you would like. 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 your requested change, all changes will be subject to payment of an administration fee of £50 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 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 16.
Transfers of Package
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:
a) that person is introduced by you and satisfies all the conditions applicable to the Package;
b) we are notified not less than 7 days before departure;
c) you pay any outstanding balance payment, an amendment fee of £50 per person as well as any additional fees, charges or other costs arising from the transfer; and
d) the transferee agrees to these Terms and Conditions and all other terms of the contract between us.
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 16 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 after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
16. IF YOU CANCEL YOUR PACKAGE
If you are any other member of your party decides to cancel your confirmed Package, you must inform us in writing as soon as possible by emailing [email protected]. Your notice of cancellation will only take effect when it is received in writing by us.
Should one or more member of a party cancel, it may increase the per person Package price of those 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 56 days | loss of deposit |
55 – 42 days | 40% of Package price |
41 – 21 days | 60% of Package price |
20 – 8 days | 80% of Package price |
7 days or less | 100% of Package price |
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any 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 Package 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. In order to rely on this clause you must be able to show that, based on information available at the time of cancellation, there was no reasonable possibility of your Package going ahead (either at all or without being significantly affected)
For the purposes of this condition, “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 significantly affect travel to the travel destination as agreed in the package travel contract.
This clause 16 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.
17. IF WE CHANGE OR CANCEL YOUR PACKAGE
As we plan your Package many months in advance, we may occasionally have to make changes or cancel your Package, and we reserve the right to do so at any time.
Changes: If we make a minor change to your Package, 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 change of accommodation to another of the same or higher standard or changes of carriers. Please note that airlines/carriers advertised may be subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might equate to “significant changes” dependent upon the details of your booking include the following, when made before departure:
a) A change of accommodation area for the whole or a significant part of your time away.
b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
c) A change of outward departure time or overall length of your arrangements by more than 12 hours.
d) A significant change to your itinerary, missing out one or more destination entirely.
e) A change of UK departure airport except between:
i. The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
ii. The South Coast airports: Southampton, Bournemouth and Exeter
iii. The South Western airports: Cardiff and Bristol
iv. The Midlands airports: Birmingham and East Midlands
v. The Northern airports: Liverpool, Manchester and Leeds Bradford
vi. The North Eastern airports: Newcastle and Teesside
vii. The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen
Cancellation: We will not cancel your Package more than 8 weeks 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 Package after this date if, e.g., the minimum number of clients required for a particular Package 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:
a) (for significant changes) accepting the changed arrangements; or
b) having a refund of all monies paid; or
c) if available and where we offer one, accepting an offer of an alternative Package (we will refund any price difference if the alternative is of a lower value).
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 Package.
Compensation
In addition to a full refund of all monies paid by you, you may be owed compensation in the following circumstances:
a) If, where we make a significant change, you do not accept the changed Package and cancel your booking;
b) If we cancel your Package and no alternative arrangements are available and/or we do not offer one.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
a) where we make a minor change;
b) where we make a significant change or cancel your Package more than 8 weeks before departure;
c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative Package;
d) where we have to cancel your Package as a result of your failure to make full payment on time;
e) where the change or cancellation by us arises out of alterations to the confirmed Package requested by you;
f) where we are forced to cancel or change your arrangements due to Events Beyond Our Control (please see clause 3).
If we become unable to provide a significant proportion of the Package 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.
18. OUR RESPONSIBILITY FOR YOUR PACKAGE
(1) We will accept responsibility for the Package we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your Proposal ,confirmation invoice, Confirmed Itinerary and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your Proposal, confirmation invoice, Confirmed Itinerary and the information we provided to you regarding the services prior to booking.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a) the acts and/or omissions of the person affected; or
b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) Events Beyond Our Control (as defined in clause 3).
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c) Claims in respect of international travel by sea and rail, or any stay in a hotel:
i. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
ii. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) Subject to these Terms and Conditions, if we or our suppliers negligently perform or arrange those services set out in the Proposal, confirmation invoice, Confirmed Itinerary and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms and Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us
(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(8) Please note, we cannot accept any liability for any damage, loss or 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;
b) relate to any business;
c) indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, acts of 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 back to your departure point.
19. CONDITIONS OF SUPPLIERS
Many of the services which make up your Package are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. Some of these 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 are available on request from us or the supplier concerned.
20. PACKAGE COMPLAINTS
We make every effort to ensure that your Package runs smoothly but if you do have a problem during your Package, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please use the contact details in your travel document.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us by email, ideally within 28 days of the end of your stay, 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. 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.
Please note that we offer an dispute and arbitration service through our ABTOT membership. Please see clause 24 below for more details.
21. CUTTING YOUR PACKAGE SHORT
If you are forced to return home early, we cannot refund the cost of any elements of your Package you have not used. If you cut short your Package and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided we will not offer you any refund for that part of your Package 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.
22. PROMPT ASSISTANCE FOR PACKAGES
If, whilst you are taking part in your itinerary, 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 assistance with distance communications and finding alternative travel arrangements. Where you require assistance which 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 Terms and 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.
23. INSOLVENCY PROTECTION
Flight Packages
We provide financial security for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number 9951, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
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 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 we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have 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.
Non Flight Packages
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Quintessentially Travel Limited and number 5490 and in the event of their insolvency, protection is provided for non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Quintessentially Travel Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
You can find out more about ABTOT here: https://www.abtot.com/
If you book arrangements other than Package from us, your monies will not be financially protected. Please ask us for further details.
24. THE ASSOCIATION OF BONDED TRAVEL ORGANISERS TRUST LIMITED (ABTOT)
We are a Member of ABTOT, membership number 5490, (where we act as an Package Organiser). We are obliged to maintain a high standard of service to you by ABTOT’s Code of Conduct. We can also offer you ABTOT’s dispute arbitration service, the details of which can be found at https://www.abtot.com/how-to-make-a-complaint/ or on request from us.
SECTION C: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Terms and Conditions.
25. YOUR CONTRACT WITH THE SUPPLIER/PRINCIPAL
Where we act as Agent, 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 booking confirmation.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the Arrangements 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 and Arrangements. Please ask us for copies of these if you do not have them.
26. PAYMENT
In order to book your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements. In order for the Supplier/Principal to take payment, we will pass on your credit card details to them and they will handle all payment transactions.
If you have paid a deposit, the Supplier/Principal will require payment of the full balance by the balance due date notified you. If full payment is not received by the balance due date, the Supplier/Principal may cancel your Arrangement booking and charge the cancellation fees set out in their terms and conditions.
27. CHANGES & CANCELLATIONS BY YOU
Any amendment or cancellation requests must be sent to us in writing by emailing [email protected] 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 terms and 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 £50 per person, per booking for any amendments to bookings and an administration fee of £50 per person for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
28. CHANGES & 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 Package or to cancel them. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal but we accept no liability for any changes or cancellations made to your Arrangements by the Supplier/Principal under your contract with them.
29. OUR RESPONSIBILITY FOR AGENT ARRANGEMENT BOOKINGS
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements you have booked. Our responsibilities are limited to making the Arrangement booking in accordance with your instructions. We accept no responsibility for any information about the 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 Arrangement booking (or the appropriate proportion of this if not everyone on the Arrangement 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.
30. COMPLAINTS FOR AGENT ARRANGEMENT BOOKINGS
Because the contract for your Arrangement 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 Arrangement 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 the Supplier/Principal’s contact details in the 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.