WINGS ABROAD LIMITED - BOOKING TERMS AND CONDITIONS Your contract is made with Wings Abroad (Company number 5142570 – ATOL number 6489 – ABTA membership number W7903) whose registered office and principal place of business is Threshold & Union House, 65 – 69 Shepherd’s Bush Green, London W12 8TX. These booking conditions have been formulated as a result of our responsibilities under law. They do not affect your statutory rights.

1. Your Holiday Contract

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. You are also responsible for keeping everyone in the party informed of the booking details. You must be at least 18 years old to make a booking with us. A contract will exist as soon as we issue our confirmation invoice. You should check this carefully to confirm that it matches what you booked. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however, choose the Law and jurisdiction of Scotland.

These booking conditions apply to the provision of full package holidays. Any flight only or accommodation only arrangements are not covered by these conditions.

2. Financial protection

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 Air Travel Organiser’s Licence number 6489.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

3. Your holiday price.

When you make your booking you must pay a deposit of £75 per person (excluding infants) plus any insurance premiums. The balance of the price of your travel arrangements must be paid at least eight weeks before your departure date. If you do not, we reserve the right to cancel your booking and ask you to pay cancellation charges as set out in section 11. All payments made by credit card will incur a charge of 2.5% of the payment value. For debit cards there is a charge of £3 per transaction. If we extend the period for you to pay the final balance at your request and you still fail to pay and cancel your booking, the cancellation charges will be increased in accordance with the scales set out in section 11. All monies you pay to the travel agent are held by him on your behalf at all times.

All prices are quoted in pounds Sterling. The prices shown on our website/brochure apply at the time of publishing and we reserve the right to change any of those prices from time to time, and prices may go up or down, and may change before you make your booking. We or your travel agent will be able to confirm your holiday price before you complete the booking. Hotel prices are based on two people sharing the accommodation, unless otherwise stated. Apartments, studios and other similar accommodation prices are based on the numbers shown on the appropriate page in the brochure.

4. If we change or cancel your holiday before you leave.

We reserve the right in any circumstances to cancel your holiday. We try to avoid making any changes to your holiday arrangements. However, we may need to make changes as our holidays are planned many months beforehand. If we make any changes before your booking, we or your travel agent will tell you before you finish making the booking. Flight times shown in this brochure are for guidance only and may change. The confirmed flight times will be shown on your travel documentation which you should check carefully when you receive them. There may be some minor changes made before you leave, and if so we will try to tell you before you leave for your holiday. Occasionally we may have to make major changes to your holiday. If this is the case, we will always attempt to find you an alternative holiday of equivalent or superior quality. Major changes may include the following. Please note that these are examples only and there may be other changes which constitute major changes.

- a change in the time of your departure or return flight by more than 12 hours.

- a change of UK departure airport – excluding changes between London airports.

- a change of accommodation to that of a lower category rating

- a significant change of area of the same country

If we make a major change, you may accept that change and receive compensation or cancel your holiday and receive a full refund. The compensation we will pay is shown in the scale below. However, in no case will we pay compensation if the change is due to events listed in the important note below.

Period of notice we give to you or your travel agent and compensation for each full fare paying customer.

More than 56 days - £0
29 to 55 days - £10
15 to 28 days - £20
7 to 14 days - £30
0 to 7 days - £40
Important note

Compensation arrangements do not apply to major changes caused by circumstances beyond our control such as war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, volcanic ash clouds, fire, airports closures, bad weather conditions and similar events beyond our control.

Minor changes by us before you leave.

Any change which is not deemed to be significant as outlined in this section 4 , will be classed as a minor change. We will endeavour to tell you about a minor change before you travel, however, we will not pay compensation as a result of such a change.

5. Changes after the start of your holiday

Very occasionally we have to change your holiday arrangements after you arrive in the resort. If we do this, we will try to place you in accommodation of the same or higher standard in the same or a similar resort. We will pay you compensation according to the scale shown in section 4. You will have the right to cancel your holiday if the alternative offered by us is not acceptable to you for good reason. In this event, you will have the right to be returned by the same means of transport to your original departure point at no extra cost provided that transport is available and where appropriate receive compensation. This does not impose an obligation on us to make specific transport arrangements for you if none are available.

6. Our responsibility

We arrange contracts for accommodation and other arrangements through suppliers who we have taken reasonable care to make sure have good reputations and run safe and efficient businesses. We will monitor and control the performance of our suppliers and judge their performance against the standards and customs in the country where the services are provided. We will pay compensation if those suppliers fail to provide the services they agreed to supply as part of the package originally sold to you provided that this formed part of the package holiday originally sold to you. However we will not be liable where any failure in the performance of the contract is due to :

a) If you or any member of your party is at fault.
b) If the failure is the fault of someone else not connected with providing the services which make up the holiday which we have confirmed to you.
c) Any unusual or unexpected circumstances beyond our control, which we could not have avoided even if we had used all care possible.
d) Any event which we or the supplier of any service could not help, expect, or prevent.
If you suffer any difficulty while you are on holiday, through no fault of your own, such as illness, personal injury or death during the period of your holiday arising out of an activity which is not part of the holiday arrangement, we will where appropriate and subject to our discretion, try to help sort out any claim you may have against anyone else.
This may include providing translation services, communicating with authorities and others in foreign resorts and recommending foreign lawyers if this is appropriate. We will not pay more than £5,000 for your booking. We cannot accept liability for any payment unless you have told us within 90 days of the incident that you want to make a claim and we have given our written permission. We may ask you to pay back any payment we have made if you make a successful claim against the other person or you have suitable legal indemnity insurance. If our suppliers can exclude or limit liability under any international convention, we will rely on that exclusion or limitation. Any compensation we pay for claims against us, other than compensation for personal injuries, will not be more than three times the cost of your holiday.

7. Air and sea carriers

The liabilities of air and sea carriers are generally governed by the Montreal Convention, Warsaw Convention, Hague Protocol or Athens Convention. We rely on the terms and limitations contained in these conventions. Air and sea carriers produce conditions of carriage which form part of your contract both with us and with the air and sea carrier. You can get a copy of these conditions from your travel agent or from us. You must keep to these conditions when you book your holiday.

8. Flight delays

While we try to avoid flight delays, unfortunately they occasionally happen. If there is a delay, we will try to reduce the discomfort you suffer by providing extra services, meals and accommodation as shown below. We cannot accept any liability for any payment you have to make unless we have given our permission beforehand. These services depend on whether they are available, taking account of the time of day and number of passengers. Airports overseas usually have fewer facilities. If we are unable to provide those services for any reason, then we will pay compensation for the non-delivery at the rate of: £3 for non-delivery of light refreshments, £5 for non-delivery of a meal and further compensation if we are unable to provide meals or accommodation for longer delays. It may be possible for you to make an insurance claim for any flight delay.

Length of delay and extra services, meals and accommodation available.

Up to 3 hrs – None
3 to 6 hrs - Light refreshment for each passenger
6 to 9 hrs - One meal for each passenger
9 hrs+ - Meals and accommodation as appropriate
for the time of day or night.

9. Accuracy of the brochure and website

We will provide the facilities and services advertised in the brochure/website. If we or our suppliers withdraw those facilities or services or limit them for any reason, we will try to tell you and where appropriate pay you compensation. We cannot pay any compensation for events which are outside our or our suppliers control. Outside the peak season it is common for facilities and services to be less widely available, both in your accommodation and in your holiday resort generally. We will do our best to keep you informed of any changes of which we are aware. In the event that a change is significant and we are unable to make you aware of it, we will, where appropriate, compensate you for the absence of the relevant facility. If we know about building work or other noise likely to affect your holiday arrangements we aim to tell you before you leave. We cannot provide this advice on late bookings or other holidays where accommodation is not specified before you arrive at your holiday destination.

10. Surcharges

The price of your travel arrangements can be varied due to changes in: transportation costs e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator/organiser, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration 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 may cancel your travel arrangements and receive 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 re-use 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. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph 3, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out. 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.

11. If you want to cancel

If you want to cancel your booking after we have accepted it, you must send signed instructions to us or your Travel Agent (if you are sending this to us by post, we advise that you send this notice to us by recorded delivery as we cannot be responsible for any notices sent to us and not received). If you cancel your booking we will not refund any insurance premium you paid. We will ask you to pay cancellation charges on the scale shown below. These charges reflect our estimated loss as a result of dealing with your booking to the point of cancellation and any other losses we may have to pay. You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Please note that, on cancellation, any amendment fees which you have paid to date will be lost.

Period before you leave within which we receive written notice and amount of cancellation charge shown as a percentage of the total.

More than 56 days - Deposit only
43 to 56 days - 50% (or deposit if greater)
29 to 42 days - 75% (or deposit if greater)
15 to 28 days - 90% (or deposit if greater)
0 to 14 days - 100% (or deposit if greater)

12. If you want to change your booking

If you want to change your booking details in any way, we will try to help you, although we cannot guarantee that we will be able to do this. If you make an allowable change 56 days before departure, we charge an amendment fee of £25 for each person on the booking and for each item you want to change (eg hotel, name change, cancellation of optional extras). We will charge no more than £50 for any amendments made on the same day, this cap does not apply to group bookings where we reserve the right to charge further amendment fees, in appropriate circumstances. However, if you change within eight weeks of departure, we may ask you to pay cancellation charges on the scale shown above. Note that your total holiday price for all persons travelling on your booking is calculated by reference to the number of persons sharing the accommodation, and if your original booking has fulfilled the maximum occupancy requirements for the accommodation a reduction in price will be reflected in your total holiday cost. If the change you request reduces or increases the number of persons travelling on your booking, then we reserve the right to recalculate the total holiday price based on the revised number of persons sharing the accommodation, this recalculation may increase or decrease your total holiday price where appropriate. You may also lose any free child places.
You may not change from a holiday featured in any of our brochures to a ‘late availability Supersaver’ or other special offer holiday. We cannot transfer insurance premiums. Please note that at the time of booking you must provide the full names of all passengers travelling as those names appear on the passengers’ passports. This will be phonetically checked with you, and any changes to names of passengers thereafter will also be subject to amendment fees as above. Airlines and other transport carriers do not allow seats to be transferred to another person.

13. Insurance

We cannot stress enough the importance of your taking out adequate holiday insurance against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, damage or loss of luggage and personal liability claims against you. Should you elect not to effect suitable travel insurance cover despite this advice then you undertake on behalf of yourselves and all members of your party to indemnify both ourselves and our overseas agents and representatives (as applicable) for any and all costs that arise which would otherwise have been met had adequate travel insurance been taken out by you.

14. Behaviour

We can end your holiday if your behaviour or that of any member of your party is likely in our opinion to cause distress, damage, danger to or to annoy our other customers, employees, accommodation or anyone else. If you are prevented from travelling because any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other passengers, we will not be liable to complete your holiday arrangements, and will not be l liable for any refund, compensation or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or flight, or if any facilities are removed as a result of their action.

15. Travel documents

It is your responsibility to have valid travel documents. If we or your carrier are fined as a result of you holding incorrect documents, we will ask you to pay this amount.

16. Baggage

Liability for baggage while in the hands of air and sea carriers is governed by the Montreal Convention, Warsaw Convention, Hague Protocol or Athens Convention. We rely on the terms and limitations in these conventions. For claims for missing or damaged baggage you must follow the rules either on the back of your ticket or on the Conditions of Carriage provided by the airline which takes you on holiday (see section 7). While we are in control of any baggage, we will accept liability for it if you can prove negligence. We will only pay up to £500. We will not accept liability for high-value items, which you should insure for the appropriate amount. It is your responsibility to ensure your luggage is stowed on any vehicle operating transfers between airport and resort accommodation and reverse. We take no responsibility for luggage mislaid, forgotten or left unattended.

17. Special requests

We draw a distinction between special requirements which are items essential to your holiday enjoyment and special requests. If you advise us of a special requirement before you leave, we will do our utmost to honour that special requirement. If we are unable to do so, we will where appropriate compensate you for any failure. Where you make a special request we will pass this on to the supplier but we cannot guarantee anything. If we cannot meet your special request we will not pay any compensation. We will not always be able to tell you before you leave if we cannot meet your request and we cannot accept special requests in relation to late availability or other special offer holidays.

17a. Late Bookings

Bookings made within 4 weeks of travel are regarded as “Late Bookings” and as such payment of the holiday in full is required at time of booking. Late bookings are not always cheaper than the brochure price, and we reserve the right to set the price according to demand. Not all facilities and services as advertised will be available for Late Booking holidays. Check on the website carefully before booking.

18. If you have a problem

If you have a problem when you are on holiday you must report this immediately to our local representative, or the receptionist at the complex, who will try to prevent your holiday being spoilt. Unless there is a valid reason why you failed to report your complaint to our local representative we will not consider ourselves to be liable for those complaints. If we cannot sort out your problem you should record it on a Customer Report Form during your holiday. If you wish to take your complaint further you should write to our UK Customers Relations Department within 28 days of returning home. If you fail to follow this simple procedure, we cannot accept responsibility, as we would have been deprived of the opportunity to investigate the matter and hopefully rectify any problem. Disputes arising out of or connected with this contract which we cannot settle may be referred to arbitration under a special scheme arranged by ABTA. This scheme is managed independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com) .The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by IDRS within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement. There may be occasions where at the time of booking we agree to changes to the contract terms. Other than this, no travel agent can change the terms of the contract which includes any statements appearing in the brochure, including descriptions of any hotel or apartment without our specific agreement.

19. Airlines & aircraft type

The flights referred to in this brochure are operated by a range of scheduled or charter airlines, using wide or narrow body jet aircraft. It may not be possible at the time of printing to specify the airline or type of aircraft: we reserve the right to change airlines or aircraft types at any time and changes of this type will not constitute a major change for these Booking Conditions.

20. Validity of BrochureWebsite.

The current Brochure/website season was published on the 10th November 2010 and the details and prices contained in it are valid from that date, until publication of any revised edition, or you are otherwise notified by staff of Wings Abroad.