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Standard Agents Terms and Conditions - General
All prices displayed on our websites are those supplied by tour operators and may reflect their advertised minimum price. The final holiday balance may vary from that advertised as a result of in-flight meal charges/airport security charges/local taxes etc. Please speak to one of our staff to confirm your final booking price.
All offers apply to selected new bookings only, are subject to availability and cannot be used in conjunction with any other promotional offer unless otherwise stated. We reserves the right to withdraw any offer without prior notice.
A summer holiday is defined as departing between 1st May and 31st October. A winter holiday is defined as departing between 1st November and 30th April.
All balances must be paid at least 12 weeks prior to departure. Customers not meeting any of the above conditions will forfeit the right to our offers.
Please note that brochure and pricing details can be subject to change.
In line with other High Street travel agents, a charge of 2% will be made on all credit card transactions to a maximum of 50. Delta and Switch cards do not carry a transaction fee. Once we have obtained card authorisation, your booking will be processed and details of your confirmed booking will be sent to you.
The booking conditions contained in the Tour Operator's brochure form part of the Terms and conditions of any booking. You should, therefore, read the booking conditions in the relevant Tour Operator's brochure. The conditions in the brochure also apply to late or last minute bookings.
For your convenience our telephone lines are open seven days a week. The facilities provided on this site are maintained/updated by Co-op Travel Direct, their Tour Operator partners and other service providers. All holidays, flights and discounts displayed are subject to availability and certain terms and conditions.
Co-op Travel Direct cannot be held responsible for any incorrect information featured. However, we take every possible measure to ensure that all details are correct at the time of entry.
Please ask our staff if you require any further details on terms and conditions.
Overseas terms and conditions Low deposits, half price or free travel insurance and cash discounts apply to selected Tour Operators' overseas holidays and charter flights subject to a minimum spend level.
Low Deposit (if applicable) The current low deposit amount for the season you are travelling in will be advised at the time of booking, along with the deposit balance due date. Deposits must be paid by this date or with the balance 12 weeks prior to departure, whichever is sooner. In the event of a cancellation, any outstanding deposit must be paid in full.
Free Travel Insurance Free travel insurance is subject to a minimum spend per person on short haul and long haul holidays. Cash alternatives do not apply to free travel insurance. Please ask staff for details at the time of booking.
The maximum duration on a policy issued for free travel insurance is 17 days. (If the duration exceeds 17 days, or there are supplements to pay due to age limits on long haul free travel insurance, the cost of the 17-day standard cover would then be deducted from the higher insurance costs and the difference would be payable by the customer.)
Offer excludes annual insurance and excess waiver. If you wish to take our excess waiver, this will not be included as part of the free travel insurance offer and you will be required to pay the applicable additional premium.
Any policy or excess premium is non-refundable in the event of cancellation.
This offer cannot be combined with any other Co-op Travel Direct offer except low deposit and does not apply to free child places unless stated. In the event of a cancellation all discount offers, with the exception of discounted or free travel insurance, will cease to apply.
If you have received free travel insurance with your booking and your booking is cancelled by you, you will be liable for the full premium cost.
Extras Offer:
Offer applies only to overseas holidays with a booking value in excess of 800. If VIP restrictions apply to use of relevant airport lounge, then a discount equivalent to the value of the VIP lounge will be applied to the booking.
'We Won't Be Beaten on Price' Conditions The offer applies where exactly the same brochured holiday, cruise or flight, with the same Tour Operator and booking conditions, can be found more cheaply from another High Street ABTA travel agent on the same trading day. In this instance, Co-op Travel Direct will beat the price by 1 per booking.
The 'We Won't Be Beaten on Price' offer applies to the basic, brochured holiday, cruise or flight price, excluding insurance, and does not apply to scheduled flight bookings. This offer may not be used in conjunction with any other offer or promotional scheme operated by Co-op Travel Direct other than our Summer and Winter Low Deposit Schemes.
Co-op Travel Direct reserves the right to demand reasonable proof of the lower price brochured holiday, cruise, flight or ferry being available (eg quotation slip) before the 'We Won't Be Beaten on Price' offer is honoured.
The 'We Won't Be Beaten on Price' offer does not apply when the Tour Operator has changed the price of the holiday between date of purchase and date of departure.
Co-op Travel Direct reserve the right to withdraw the 'We Won't Be Beaten on Price' offer without notice.
On-line Discounts If you are claiming a discount from our 'on-line' booking section, please note the following:
- Discounts are only valid once we verify with the Tour Operator concerned that you have actually made an on-line booking through the Co-op Travel Direct on-line booking section link.
- All free travel insurance conditions apply as above.
Registered Office:
PO Box 8, 10 Hatherton Road, Walsall, WS1 1JH.
Co-op Holiday Consumer Terms and Conditions
A.Introduction
- This is the agreement which governs the purchase by you (the customer) of the services and products We provide. We are Co-op Travel; our registered office is Co-operative House, 234 Botley Road, OXON, OX2 0HP. We are members of the Association of British Travel Agents (ABTA) ABTA No. N0787 and hold an Air Travel Organiser's Licence (ATOL) ATOL No. 6053. The following terms and conditions show your and our commitments as part of your booking.
- When We talk about your holiday in these terms and conditions, except where otherwise stated, We mean the accommodation, transport and other services you book with us in the United Kingdom before you go on holiday.
- Please take the time to read the next section, as it is important for both of us that you understand our contractual relationship.
B. Your Contractual Relationship
Please take the time to read this section, it is important for both of us that you understand our contractual relationship. Dependant upon the services or products We have sold to you We act as Principal (where you have a contract directly with Us) or Agent (where your contract is with a third party service provider) or Ticket Provider (where your contract for your scheduled flight is with the no frills /low cost airline as dealt with below). The nature of this relationship affects Our obligations to you and yours to Us. We act as principal
- You may create your own 'package' holiday. A 'package' means 'the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: -
1) Transport; 2) Accommodation; 3) Other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package,' We act as the Tour operator. This means that the contract is between you and us, We are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them. A formal contract will be formed between you and us when We confirm your booking. Your contract will be governed by English law and any disputes, claim or other matter of any description will be dealt with in the courts of England and Wales unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
Where you book a flight inclusive package with us, this will be ATOL Protected by the Civil Aviation Authority. Our ATOL number is 6053. ATOL Protection extends primarily to customers who book and pay in the UK. For further information, visit the ATOL website at www.atol.org.uk This does not affect your statutory rights as a consumer. Please note that 'an inclusive price' in the above definition of a 'package' is one where you only have one price shown for the component parts of the 'package' in advertising and the cost is not broken-down by individual components or services. Where you make one payment for several components at the same time, but the price for each is displayed on the invoice, you have not purchased as package.
C. Complaints
For all bookings, if you have a complaint you must contact Co-op Travel and the service provider as soon as possible to allow them/Us the opportunity to resolve the situation. You will be provided with the contact details of your service provider before you travel wherever possible. If the complaint remains outstanding, you must write to Us as soon as possible upon your return (at least within 28 days of your return). Co-op Travel will, where appropriate, liase with the tour operator or service provider and seek to resolve the complaint to your full satisfaction. Co-op Holidays, Customer Services Co-operative House, 234 Botley Road, OXON, OX2 0HP Co-op Travel is a member of the Association of British Travel Agents (ABTA) and follows their Code of Conduct. Co-op Travel agrees to be bound by the arbitration scheme administered by ABTA through the Chartered Institute of Arbitrators. This is an informal and low-cost scheme designed to resolve outstanding complaints. Full details can be found on www.abta.com. All tour operators and service providers that are members of ABTA also subscribe to this scheme. Other tour operators or service providers may belong to a different association that also may offer a similar independent conciliation or arbitration service (e.g. the Passenger Shipping Association).
D. General Terms & Conditions
- Bookings will be confirmed subject to availability and receipt of all applicable payments. Some products require payment in full immediately, while others require a per person deposit for all bookings made outside of 10 weeks before departure. For the latter type of booking, the balance payment is required no later than 10 weeks prior to the departure date. If booking within 10 weeks of departure, full payment must be made at the time of booking. We will inform you of the appropriate payments before booking.
- A contract exists between you between you and Us (where we act as principal) as soon as your booking is confirmed and the relevant payment has been received by Us. Please check your confirmation invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret We cannot accept any liability if We are not notified of any inaccuracy in any document within 14 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to Us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell Us about it within these time limits.
- The person who makes the booking is the 'lead name'. He or she must be over 18 and have the legal capacity to make the transaction. They are financially responsible for payment of the total holiday price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable.
- The lead name agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by making the booking, confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these Conditions.
- The lead name undertakes to Us that details you supply when making a booking are correct. This includes the correct spelling of the full names, as displayed in the passport at the time of travel, for all members of your party.
- If there are any changes to the personal or contact details supplied to Us by you it is the lead name's responsibility to inform Us as soon as possible.
- Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the issue of your tickets and may make the fare(s) subject to increase. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied.
- There may be occasions when obvious errors occur as a result of maintaining the Website. When this occurs a price, product or service may be displayed incorrectly and in such instances We / the service provider reserve the right to cancel any contract based on the price, product or service which is displayed incorrectly immediately without liability to you (if a contract has in fact come into existence). We constantly monitor and check Our systems to minimise the threat of this happening and in the unlikely event that this happens to you, We will inform you as soon as possible.
- It is your responsibility to ensure that you meet the passport, visa and health requirements of the countries you wish to visit and those that you transit through (even if it is for a plane change). Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. We advise you consult your GP and the relevant embassy / consulate well in advance of your departure. We do not accept any responsibility if you should be denied boarding or entry into any country or are deported due to non-fulfilment of the above. Similarly, if failure on your part to comply with any applicable requirement results in fines, costs or penalties being incurred, you will be responsible for reimbursing Us or the service provider accordingly.
- It is also your responsibility to check for any travel prohibitions, warnings, announcements and advisories issued by the Foreign and Commonwealth Office Travel Advice Unit before making any bookings or travelling to international destinations.
- In all cases and for all products and services, whether as part of a package or not, every customer who travels must have adequate travel insurance cover which is suitable for their particular needs. We cannot be held responsible for your costs if you fail to do so. Please read your policy details carefully and take them with you on holiday.
- You must remember that you are responsible for your actions and the effect they may have on others. If We, your service provider or another person in authority (such as your aircraft pilot or hotel manager) reasonably believe your actions are causing or are likely to cause danger, upset or distress to any third party or damage to property, We or the service provider concerned are entitled, without prior notice to terminate the holiday or other service of the person(s) concerned. This could mean you are prevented from using your accommodation or using the transport arranged. If this happens, the contract of the person(s) concerned will automatically be terminated and We / the service provider will not pay compensation or refunds or meet any expenses you suffer as a result. You will also be responsible for any loss or damage caused by you.
- If you have any special request, you must advise us in writing at the time of booking. Although We will endeavour to pass any reasonable requests on to the relevant supplier/ service provider (as applicable), We regret We cannot guarantee any request will be met unless We have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier/service provider (as applicable) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. We regret We cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as 'standard' bookings subject to the above provisions on special requests.
- If you or any member of your party has any medical problem or disability which may affect your holiday, please tell Us before you confirm your booking so that We can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If We or the service provider, reasonably feel unable to properly accommodate the particular needs of the person concerned, we (or the service provider as applicable) must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when We become aware of these details.
- If any flight you have booked with Us is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline's obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from Us, you must, at the time of payment of any compensation to you, make a complete assignment to Us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.
Below are our Specific Terms which apply to particular types of service/product in addition to the Conditions shown on the previous page - you must read the appropriate section(s) before booking. They are designed to be read together with the General Terms and Conditions and the General Information, but should there be a conflict or ambiguity between the Specific Terms, the General Terms and Conditions and the General Information the Specific Terms shall prevail.
A. Hotels
When you make a Hotel booking which is not part of a package We act as Principal. This means your contract for that hotel accommodation is between you and Us. All information and details displayed have been supplied by and are the responsibility of the Hotel operators and suppliers and are believed to be correct at the time of being published.
All hotel discounts quoted are based on the discounts from the full 'rack rate' (the rate published by a hotel which it will charge for any room) including VAT and are correct at the time the offers are first advertised. However, please note that some hotels in other countries may also charge local or other taxes, which may not be included in the offer.
- Prices stated are on a per room, per night basis and include VAT unless otherwise stated.
- Unless otherwise stated, breakfast, lunch and dinner are not included.
- Star ratings are provided by our suppliers, they may differ according to the country where the hotel is located and are out of the control of Co-op Holidays. We cannot be held responsible for any misconceptions relating to star ratings.
- In the event that you would like to cancel or amend your hotel booking, it is your responsibility to notify us in writing at least 48 hours prior to arrival date or you will be subject to a 100% cancellation fee.
- We will apply an administration charge fee between 30-50 per booking for any modifications, changes or cancellations to your booking. This will be regardless of the price of your booking and any other supplier charges you may incur.
- In addition to our charges, most hotels may also have a penalty or cancellation fee for any changes or cancellations to bookings. This can be calculated from the date of amendment / cancellation to the date of arrival, alternatively one set fee.
- In the unlikely event our supplier is not able to provide the accommodation you have booked We will contact you as soon as possible through your Travel Agent. We will try to provide you with similar accommodation of equal standard and if you accept you will pay, or receive a refund of, any price difference. If you choose not to accept our alternatives, you can cancel and receive a full refund of all monies paid for the hotel.
B. Package Holiday Terms and Conditions 1. Your Contract
When you book a Package Holiday where we act as agent (see 'Your Contractual Relationship - We act as agent' at the beginning of these Conditions, the operator with whom you have a contract is responsible for providing all your travel arrangements and you are responsible to them for payment for these. Please ensure you read the tour operator's relevant terms and conditions, a copy of which will be available at the time of booking. We act as agent for the operator and this means that we have no contractual liability to you and are not liable for any service not provided by Us or for any act or omission of the operator or any of its employees, agents, suppliers or subcontractors. However, We may be liable to you if We have been negligent, misrepresented important information or We have breached any other relevant law.
When you purchase a package holiday from this website as defined in Your Contractual Relationship - We act as principal your contract will be with Us and the following sections apply to you. Our contract with you comes into existence when We confirm your booking by issuing a Confirmation invoice. Once the contract is made We are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them in accordance with these Conditions. 2. Consumer Protection
All Package Holiday bookings made with Co-op Holidays are ATOL Protected, since We hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 6053. 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. Additional Charges
We reserve the right to change and correct errors in our prices at any time before you book. If We do you will be told of the revised price applicable to your booking before you commit yourself. Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. We promise not to levy a surcharge within 30 days of the start of your holiday. No refunds will be payable within this period either.
Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of 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) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports increasing or decreasing or our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.
If the above price variations mean that the cost of your holiday goes up, you will not be charged for any increase up to 2% on your holiday price. You will only have to pay the amount over and above that 2% (excluding insurance premiums and amendment charges) of the holiday price. If the above price variations increase the price of your holiday by more than 10% (excluding insurance premiums and amendment charges) you will be entitled to:
A. Take our offered substitute package of equivalent or superior quality if We are able to provide one; B. Take our offered substitute package of lower quality if We are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered; or C. Cancel your holiday with a full refund of all monies paid except for amendment and administration fees.
Although insurance (where purchased through us) does not form part of your contract with us or of any 'package', We will consider an appropriate refund of any insurance premiums you have paid Us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. 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.
You have 14 days from the issue date printed on the surcharge invoice to tell Us if you want to cancel or purchase another holiday. If you do not tell Us that you wish to do so within this period of time, We are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. 4. Changes by us to your booking
It is unlikely that We will have to make any changes to, your booking. However, We do plan arrangements a long time advance and We use the services of independent suppliers, such as hotels, airlines etc, over whom We have no direct control. If it is the case that changes need to be made to your booking, We reserve the right to do so at any time. Most of these changes are not significant and We do not have to tell you about these, or give you the options set out in clause 5 below and we do not pay you compensation for these changes, but whenever possible will advise you of them. Any flight timings and carriers are subject to change as a result of airline procedures and these details are given for guidance only. A non significant or minor change is any change which, taking account of the information you have given Us at the time of booking or which We can reasonably be expected to know as a tour operator, We could not reasonably expect to have a significant effect on your confirmed holiday. Non significant changes include departure times changing by less then 12 hours, non stop flights becoming direct or non direct flights, if the cumulative effect is 12 hours or less on the original arrival time, or changing airline or aircraft type. 5. Significant Changes by us to, or cancellation of, your booking
In the unlikely event of a SIGNFICANT CHANGE being made to your booking, such as a change of resort, hotel or a change of flight time of more than 12 hours, or the cancellation of your booking, We will pay appropriate compensation except as set out below. However, you will not be eligible for compensation or reimbursement of any resulting expenses or additional costs and We will have no liability beyond offering you the options set out below if the change to or cancellation of your booking occurs by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances may include war or threat of war, riot, fire, civil strife, industrial action, actual or threatened terrorist activity, natural or nuclear disaster, adverse weather conditions and all similar events outside our control.
If a SIGNIFICANT CHANGE occurs or We have to cancel your arrangements, We will inform you as soon as possible. If there is time before departure We will offer you the following options: - A. Accepting the change of arrangements B. Taking our offered substitute package of equivalent or superior quality if We are able to provide one C. Taking our offered substitute of lower quality if We are able to provide one and accept a refund from us of the difference in price between the rice of the package purchased and the substitute one offered D. Choose another Holiday from us and pay, or receive a refund of, any price difference E. Cancelling your holiday with a full refund of all monies paid, except for any amendment charges Where compensation is due, We will pay you the following amounts, unless you can prove a greater loss (where greater compensation payment may be due); -
| Time before your holiday when We tell you about a significant change or cancellation; |
Compensation per person; |
| More than 56 days |
Nil |
| 56 - 43 days |
10 |
| 42-29 |
20 |
| 28-15 |
30 |
| 14-3 |
40 |
| Within 48 hours |
50 |
Very rarely, We may be forced by 'force majeure' (see clause 9 below) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, We regret we will be unable to make any refunds (unless We obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. 6. Changes by you to your booking
If after our confirmation has been sent you wish to change any part of your travel arrangements, We will make every effort to help you do this, subject to availability and the type of suppliers (airlines, car hire companies, hotels etc), you have chosen and their cancellation/charges, details of which will be provided to you on request from your Travel Agent at any time including prior to your booking.
If you want to change any details regarding your flight reservation, airline rules mean that We may have to cancel your original flight and purchase a new one and you will be required to pay the full flight cost again. We will also charge you an administration charge between 30-50 per change per booking, and you will be liable to pay the hotel, airline or other ultimate product charges resulting from your changes. NB: In most cases, once Airline Tickets are issued, changes are not permitted. Changes after airline tickets are issued will usually result in a 100% cancellation charge. 7. Cancellation by you of your booking
If you wish to cancel your travel arrangements - or any component - for any other reason than for there being additional charges (see clause 3) or changes (see clause 5) you must notify Us in writing. Cancellation will be deemed to be effective on the day We receive this written cancellation request from you. The following charges will generally apply: -
| 57 days or more prior to departure |
Loss of deposit |
| 56 - 42 days prior to departure |
50% loss |
| 41-29 days prior to departure |
75% loss |
| 28-15 days prior to departure |
90% loss |
| 14-0 days prior to departure |
100% loss |
Should however the cancellation charges listed in the table above be insufficient to meet the cost of the cancellation charges imposed on us by the hotel, airline or other supplier you will, in addition to the charges set out above, also be liable to pay the difference between the charges set out above and the charges imposed on us by the supplier concerned. We will take all reasonable steps to ensure such costs are kept to a minimum and inform you of all the above costs before cancelling the booking.
After ticket issue cancellation will result in a loss of 100% of total cost of all travel arrangements in most cases.
If you have taken out holiday insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain payment of these cancellation charges (after deducting any part of the claim which the insurance company insists you pay) from your insurance company. Please make sure you get written confirmation of your cancellation first. Ensure you get written confirmation of your cancellation from us - this proves We have received your cancellation and you will need it to make a claim on your insurance. Claims must be made to the insurance company direct.
8. Our Liability to you
(1) Our obligations, and those of our suppliers providing any service or facility forming part of your Holiday, are to take reasonable skill and care to arrange for the provisions of such services and facilities and, where We or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. This means that, subject to these booking conditions, We will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. In addition and subject to the above, We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work We had asked them to do (for agents and suppliers). Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our supplier's, obligations. You must show reasonable skill and care has not been used if you wish to make a claim.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(3) Please note, We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and We have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by Us on our website, in any of our brochures or elsewhere, We only promise to use reasonable skill and care as set out above and We do not have any greater or different liability to you.
(4) The promises We make to you about the services We have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
(5) As set out in these booking conditions We limit the maximum amount we may have to pay you for any claims you may make against us. Where We are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount We will have to pay you is 500 per person affected unless a lower limitation applies to your claim under this clause or clause 8(6) below. For all other claims which do not involve death or personal injury, if We are found liable to you on any basis the maximum amount We will have to pay you is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 8 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation We will have to pay you will be limited. The most We will have to pay you for that claim or that part of a claim if We are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, We similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, We are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, We could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where We are responsible for them, our suppliers. Additionally We cannot accept liability for any business losses.
(8)You must provide ourselves and our insurers with all assistance We may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 10 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if We or our insurers want to enforce any rights which are transferred.
(9) Should you become ill while on Holiday, you must consult a local doctor and your GP upon your return to the UK. Should you then wish to make a claim against us, you should write to us with details of both the local doctor whom you saw and your GP, with written authority for us to obtain a medical report from both those doctors.
(10) If you suffer death, injury or illness whilst overseas arising out of an activity which does not form part of the inclusive travel arrangements arranged through us, We shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided We are advised of the incident within 90 days. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign us any costs recovered or any benefits received under an appropriate insurance policy. Our costs in respect of the above on behalf of you and your party shall not exceed 5,000 in total. 9. Force Majeure
Except where otherwise expressly stated in these booking conditions, We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 8(1) above) as a result of 'force majeure'. In these Booking Conditions, 'force majeure' means any event which We or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 10. Claims and Complaints
If you have a complaint whilst on holiday you must immediately bring it to the attentions of the relevant supplier who will do their best to rectify the situation (Please see your Travel Documents for contact details). If they are unavailable or unable to resolve the problem you should contact us on the emergency contact number. Most problems can be solved at the time, but if after you return home you still remain dissatisfied, a complaint must be made in writing to us within 28 days of returning home. All such complaints should be sent to: Co-op Holidays, Customer Services Co-operative House, 234 Botley Road, OXON, OX2 0HP
Please note that failure to follow the above procedures, and/or failure to complain as set out above within 28 days of your return may reduce or extinguish any rights you have to claim compensation from us, or if, had you done so, you or We could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if We are not told about it during the holiday and reasonably quickly once the holiday is over. Your right to compensation may be reduced or extinguished should any delay in your complaint being notified during or after the holiday prevent us from carrying out a proper investigation.
In the unlikely event that any complaint cannot be settled amicably, you can refer a dispute to arbitration under a special scheme run by the Association of British Travel Agents (ABTA). This scheme is managed independently by the Chartered Institute of Arbitrators. It is available if your claim is for not more than 5,000 per person or 15,000 per booking and does not involve physical injury, illness or the consequences of such illness or injury. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit 1,000 on the amount of the arbitrator can award per person in respect of this element. If you decide to use the scheme, you must give written notice asking for arbitration within 9 months of the scheduled date of returning from holiday. Full details are available from the Association of British Travel Agents, 68/71 Newman Street, London, W1P 4AH. 11. Failure of Scheduled Airlines Insurance
As part of our ATOL licence We are required to ensure that our customers have insurance against airline failure. The cost for such insurance will be added to your invoice unless you specifically refuse to accept cover in writing. In the event of the financial failure of an airline on which you are booked this provides insurance cover up to 4000 for each person, subject to the conditions and exclusions of the policy. 12. Additional Terms Relating to Car Hire
Please note that when you add Car Hire to your package the Terms and Conditions of the supplier will apply. Ask your Travel Agent for these details. Data Protection and Privacy Policy
Below is our privacy policy which shall be deemed to be incorporated into these terms and conditions. Please read the following policy to understand how We will treat your personal data after it has been collected by us.
- When do We collect data?
We can collect data on you from a variety of different sources, including when you purchase products or services from us via your Travel Agent.
- What do We do with your personal information?
When you buy anything from us via your Travel Agent We may need to collect information about you to process the transaction, fulfil your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your card details.
- Unless We have your express consent We will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that We may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when We are legally obliged to disclose your data.
- We may also use the information to process any transactions you undertake with us and for internal administration and analysis.
- We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.
- For any of the above purposes We may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may he as high as the UK.
- Data
In the UK We operate and are registered in accordance with applicable data protection legislation.
- Consent
By disclosing your personal information to us via your Travel Agent or over the telephone, you consent to the collection, storage and processing of your personal information by Co-op Holidays in the manner set out in this Privacy Policy. Some information and emails sent to Co-op Travel may be used as testimonials but no email address or contact details will be displayed.
- Contact
If you have any questions or concerns about the information We hold about you, you can also contact us.
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