Booking Terms and Conditions
The following conditions, together with any other written information provided before we confirmed your booking, form the basis of a contract for booking services between Foxwood Travel Wholesale Limited (“we”) and the Coach Operator or Group organiser named on the Group Quotation as well as the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred (’you and your’). We act as an intermediary for the relevant Coach Operator, Group organiser and/or supplier of services in respect of all bookings. Please read them carefully as they set out your respective rights and obligations.
Importantly, your booking with us is subject to both these booking conditions and the specific booking conditions of the relevant suppliers, and you are advised to read both carefully prior to booking. In completing your booking with us you are accepting both our Booking Conditions and the individual supplier’s terms and conditions.
By making a booking you agree that you have read these and the supplier’s terms and conditions and you have the authority to, and agree to, be bound by all of them on behalf of all parties using or selling the arrangements making up the booking. No other terms, information or advice given orally will form part of the contract. No variation of these terms shall be effective unless made in writing and signed by both parties.
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise, and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before the booking is confirmed.
1. BOOKING AND PAYMENT
Our booking procedure can also be found on our website www.foxwoodtravel.co.uk
a) Telephone our reservations department or make an appointment with one of our dedicated team. Alternatively, you may send your enquiry by email.
b) If the accommodation you require is on allocation, you will be advised immediately if the tours and dates you require are available. An appropriate group quotation will then be made. If we need to check availability with hotels, attraction and / or restaurants we will need to wait for their reply before issuing a quotation. This will normally be the same day but will depend on the speed of the response from our supplier. Please allow up to 48 Hours for a reply.
c) After checking the details, you are required to return a signed copy of the quotation to us. A deposit maybe required for any Private Group bookings.
d) Subject to availability and receipt of signed Group quotation and/or deposit (If required), we will send you a full tour confirmation by return.
e) A pro-forma invoice will be issued upon receipt of the provisional rooming list being received, 8 weeks in advance of your departure date. One copy of the invoice must be returned to us immediately, together with your provisional rooming list and payment.
f) Where possible, passengers additional to those included on the provisional rooming list will be accommodated. A further invoice reflecting any changes will be issued prior to departure if applicable and must be settled by return. Any subsequent changes must be advised to us immediately they occur and a balancing invoice will be issued forthwith.
g) With each final travel details confirmation, we provide a travel pack which contains brochures or other literature if available of the hotels booked, guides and maps related to your tour destination. We recommend that the travel pack is given to your coach driver / tour leader. You may also request such travel information prior to the issue of your final travel details confirmation.
h) You should sign the group quotation and return to us within the time frame specified. Failure to do so could result in accommodation being released and any guarantee on price quoted removed. If applicable a deposit should be sent.
i) A binding contract between you and the individual suppliers of the services making up the tour will come into existence as soon as we have issued your tour confirmation. Upon receipt, if you believe that any details on the confirmation are wrong or missing, you must advise us immediately. We will not accept liability for any matter arising because of such error or omission if you fail to do so and you may also incur an administration fee.
j) Alteration or cancellation of the booking by you once a confirmation of booking has been issued will be subject to the charges outlined in the ‘If you change or cancel your booking’ section below.
k) If you fail to pay all and any amounts due in full and on time, your booking may be treated as cancelled by you and you will be liable for the supplier’s cancellation charges in paragraph 4.and/or alternatively (at our option) we will be entitled to charge interest on the outstanding amount(s) at the rate of 5% above the base rate of the Bank of England from the due date for payment until receipt of the full amount in cleared funds (whether before or after any judgment).
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests with suppliers, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation, invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met and will not be a breach of contract if it is not. We do not accept bookings that are conditional upon any special request being met and you must not make any verbal or written assurances that any special request shall be complied with.
Disabilities and medical problems
If any member of the travelling party has any medical problem or disability which may affect the chosen arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to their suitability. Acting reasonably, if we are unable to properly accommodate the needs of any passenger, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of those details.
2. THIS CONTRACT
Our role is as a booking intermediary between you and the relevant hotels, ferry companies, cross-Channel operators, and other suppliers of services. We do not own or operate such services and, as between you and the relevant suppliers, the suppliers’ standard conditions of contract apply to your contract as well as these terms. These terms and conditions may limit and/or exclude the supplier’s liability to you. Copies of these conditions are available on request from us.
In so far as the arrangements you sell or provide to passengers/consumers constitute a “package” as defined in The Package Travel and Linked Travel Arrangement Regulations 2018 (“the PTRs”), you are the “organiser” of the "travel package contract" and it is your responsibility to ensure full compliance with the PTRs, For all arrangements we arrange on your behalf which you sell or provide to passengers/consumers, the passenger/consumer enters into a direct contract with you for those arrangements. We are not a party to that contract and the passenger/consumer has no contractual relationship with us. You must not represent anything to the contrary to your passengers/consumers.
The parties hereby exclude any rights that any other party may have in relation to this Agreement under the Contract (Rights of Third Parties) Act 1999.
3. OUR PRICES
The prices quoted, shown on our website, and in supplementary promotional material are subject to change without notice. The price of arrangements will be confirmed on booking.
All prices are based on a minimum of 30 paying passengers, unless otherwise specified in the group quotation. If you operate the tour with fewer than the specified number of paying passengers, the cost per person may increase in which case you will be responsible for all such additional charges.
Unless otherwise specified in your group quotation/tour confirmation, all continental tours are costed using short sea ferry crossings or Eurotunnel as stated. Bookings from other UK ports or cross-Channel arrangements can be organised, subject to availability and payment of the appropriate supplement.
Our suppliers reserve the right to levy surcharges to reflect any increase to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes, embarkation or disembarkation fees at ports and airports or any fluctuation in exchange rates at any time prior to receipt of your full payment, except where we have given a written no surcharge guarantee.
4. CANCELLATION BY YOU
In the event of a cancellation, the supplier’s cancellation charges will apply. The cancellation charges you will be required to pay will be calculated from the date we receive written notification of your cancellation and the cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling. All notification of cancellations must be in writing and shall only take effect on the date they are received by us at our offices.
The cancellation deadline is four or six weeks prior to departure, or as otherwise specified in the tour confirmation. Where cancellation of hotel space is stated at 4 - 6 weeks other terms and conditions may apply to attractions or events booked and full payment or loss of deposit may be charged regardless of cancellation date. This can be specified at time of booking upon request
If we receive any cancellations before this deadline, on behalf of suppliers, we shall be entitled to retain all deposits paid or due at the date of cancellation (at our absolute discretion we may agree to transfer funds then held as a deposit for a future tour booked, subject to the deduction of administrative costs) in accordance with the supplier's terms and conditions. If your cancellation is received on or after the cancellation deadline, on behalf of suppliers, we reserve the right to retain all deposits paid or due at that time and further, you will be liable for all charges, losses and administrative costs we incur or which are imposed by any of our suppliers, in accordance with the supplier's terms and conditions. No refunds will be given for passengers not traveling or for unused services.
5. AMENDMENT BY YOU
We will use all reasonable endeavours to liaise with the suppliers making up your booking to facilitate any changes you may request to your booking. If you replace any part of your booking by more expensive arrangements, you will have to pay the difference but, other than that, there will not usually be any charge for amendments. However, we do reserve the right in our absolute discretion to levy an amendment fee to cover our administration costs or any costs imposed by our suppliers.
6. CANCELLATION OR AMENDMENT BY US
Because we act purely as booking intermediary between you and the hotels/ferry companies/cross-Channel operators/other suppliers, we have no power to prevent an amendment or cancellation by one or more of such suppliers. We therefore reserve the right to amend or cancel part or all your arrangements at any time. In that case we will do what we reasonably can to assist you (but without cost to ourselves), but owe you no other liability whatsoever (including paying the cost of any alternative services you may book as a result). At our discretion, we will use reasonable endeavours to provide a suitable alternative and/or a replacement of equivalent standard.
7. OUR RESPONSIBILITY
1. Whilst we have chosen our suppliers using reasonable care, because we act as a booking intermediary between you and the suppliers of the services making up your booking, we have no control over them and so are unable to accept liability or responsibility for any aspect of the arrangements making up your booking. That is, we have no liability for any defect in those services, nor for any damage, loss or injury whatsoever which may be incurred by any persons as a result of such defect or arising out of or in connection with such services; or for any act or omission of the supplier of the services. We will, though, offer assistance in accordance with the complaint’s procedure set out in paragraph 8.
2. Specifically, we will not be responsible or pay you compensation: -
a) for services or facilities which do not form part of our agreement or where they are not advertised by us.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
c) for failure of you or your consumers to pay the final balance on time.
d) if you fail to reach the stated minimum number of passengers required for the service to take place.
3. Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to): -
(a) whether or not the complaints procedure as described in these conditions has been followed. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of the arrangements.
(c) when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.)
4. We limit our responsibility to you in the following situations: -
(a) Luggage or personal possessions and money The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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 assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims falling under International Conventions
In the event that we are found liable in relation to any transport or accommodation or the acts or omissions of any carrier or accommodation provider in any respect or on any basis whatsoever, the maximum amount of compensation we will have to pay you will be limited to the maximum amount the carrier or accommodation provider would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Athens Convention for travel by sea.)). Please note: Where a carrier or accommodation provider 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 due to receive from the carrier or accommodation provider for the complaint or claim in question.
(c) Claims not falling under (a) above and which do not involve injury, illness or death
The maximum amount we will have to pay you in respect of all claims not falling under (a) or (b) above and which don’t involve injury, illness or death these claims is twice 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 no benefit at all has been received from your arrangements.
5. We do not exclude or limit any liability for fraud or fraudulent misrepresentation, or death or personal injury which arises because of our negligence or that of our employees whilst acting in the course of their employment.
Unavoidable & Extraordinary Circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable or extraordinary circumstances. Unavoidable and extraordinary circumstances means a situation beyond our or our suppliers' control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
8. COMPLAINTS PROCEDURE
Any complaints arising out of any arrangements must be reported to the relevant local supplier. You must make all efforts to resolve your complaint with the supplier concerned. If the problem cannot be resolved locally you must call our emergency telephone helpline, details of which are given in your travel pack, and leave a contact telephone number. We will then try to assist. If the problem is not resolved to your satisfaction and you feel that you have a valid complaint against us, you must let us have full details in writing within 14 days of the end of the tour. We will then use all reasonable endeavours to resolve any complaint which concerns services provided by us. We will not accept any liability for any claims or complaints if you have not acted in accordance with this clause.
If in our opinion or in the opinion of any person in authority, your or your customer's behaviour is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we and/or the supplier reserve the right to terminate the arrangements in question immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave the service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
10. OBLIGATIONS AND PROHIBITIONS
In making a booking with us you agree to: -
a) comply with all information requirements under the PTRs before any package holiday is sold.
b) enter a direct contract with your customer in relation to arrangements booked via us and to state your name on all publicity material and documents issued by you that feature these arrangements. You will ensure that information requirements under the PTRs in relation to package holiday contracts are complied with, any such contract incorporates a set of booking conditions which clearly set out a contract between you (as principal to that contract) and the purchaser of any arrangements and you will create and dispatch contractual documentation in such a manner so as to ensure that it is clear to the purchaser of arrangements that the contract is between you (as principal to that contract) and the purchaser of those arrangements.
b) comply with all relevant laws and regulations, including the PTRS (as amended from time to time), the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012, all relevant laws relating to consumer contracts and consumer protection, the Data Protection Act 2018 ,the Modern Slavery Act 2015 and the ABTA Code of Conduct (including any amendments) and/or any Trade Body of which the Partner are at any time a member, insofar as they affect your activities.
c) ensure that you have you have adequate arrangements in place for financially protecting customer forward payments for the booking. For the avoidance of doubt, you must arrange your own appropriate and adequate financial protection for any arrangements you sell which amount to a ‘package’ or 'linked travel arrangement' under the PTRs whether by ATOL for flight inclusive package or for non-flight packages bonding must be provided by another reputable source.
d) ensure that all marketing initiatives, information and material relating to the arrangements placed on your websites or via any other means (‘Advertising Material’) is accurate, clear, complete and up to date and not make any representations, verbally or in writing, which are inconsistent with information given by us or the applicable supplier. You must ensure that the Advertising Material complies with the PTRs, Data Protection Act 2018, ATOL Regulations 2012 (and all amended versions of the same), CAP or BCAP codes where applicable and all other applicable legislation and the requirements of ABTA, the CAA and any applicable Trade Body (including the Advertising Standards Authority). You may not reproduce or display any literature or description issued by us without our express prior consent. If you do reproduce, display or use any description or literature derived from us and with our consent, you must not alter it in any way. Neither these terms nor your booking shall be construed to be a licence for either party to use the trade names, trademarks, service marks, or logos of the other party without the prior written consent of such party.
e) ensure that the consumer of any arrangements and all members of his/her party have or take out suitable and adequate personal travel insurance (including cover for cancellation charges plus 24 hour emergency medical assistance and cover for medical expenses and medical repatriation).
f) immediately advise us of any complaint by a customer in relation to the booking.
g) to keep us indemnified for the full amount of all claims, liabilities, demands, damages, costs (including legal costs), expenses, fines and all other sums of whatever nature which we reasonably incur or become liable for as a result of your act(s) and/or omission(s) or those of the partner’s employees or sub-agents, or any party to whom any arrangements shall be sold or otherwise supplied committed in breach of and/or outside the scope of these terms and conditions or otherwise without our authority.
In making a booking with us you agree not to: -
a) hold yourself out as our agent in respect of the sales of the travel arrangements you provide to your customers.
b) make any representation verbally or in writing to any customer or potential customer which are in addition or different to those provided by us unless otherwise authorised to do so by us in writing.
c) represent to the consumer that their arrangements will be protected by any scheme run by us for financially protecting their forward payments and repatriation in respect of arrangements.
11. LAW AND JURISDICTION
This contract and all matters arising out of or in connection with it is subject to English law and to the exclusive jurisdiction of the Courts of England and Wales.