Please read the following booking conditions carefully. In particular your attention is drawn to the following clauses which limit our liability to you: clauses 5, 6, and 7.
All Travel arranged by us subject to these conditions and forms the basis of your contract with Access Travel Management.
Access Travel Management Limited of Company number 08182407 (whose registered office is 20 St John Street Lichfield Staffordshire WS13 6PB) referred to as (“Access Travel”, “us”, “we” and “our”.
In these booking conditions, “you” and “your” relates to the company or business on whose behalf we have made the Booking.
In these conditions the following definitions shall apply:
|Booking||the order placed on your behalf for Travel with a Third Party Supplier;|
|Passenger(s)||means the individual passengers named on the Booking;|
|Third Party Supplier(s)||any third party who supplies travel or travel services, including without limitation airlines, taxi hire companies, rail operators, vehicle hire, tunnel and ferry operators, shipping, courier , Carnets , Passport or Visa services.|
|Travel||all and any air, land, sea or rail travel and related services, including assistance with Carnets, Passports and Visas.|
2. The contract
- Access Travel Management acts as an intermediary to help our customers arrange and pay for travel, travel ancillaries & documentation. We do not supply the travel, travel ancillaries & documentation ourselves but as agents on behalf of the Third Party Suppliers. When you make a Booking you will be entering into a separate contract with the Third Party Supplier. As an agent we accept no responsibility for any act or omission of the Third Party Supplier.
- Your Booking will be subject to the Third Party Suppliers terms and conditions which could limit or exclude liability to you. Copies of those terms are available on request.
- The terms and conditions set out in this document will apply to the exclusion of all others, whether express or implied by law, and shall supersede all conditions previously issued by Access Travel Management. No variation or additions shall be effective unless agreed by Access Travel Management and the client.
- This contract and any dispute or claim arising from or in conjunction with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the jurisdiction of the courts of England and Wales at all times.
3. Making the Booking and Payment
- At the moment the Booking is placed you have entered into a binding legal agreement in relation to Travel.
- We will send you a Booking confirmation shortly after the Booking has been placed. It is your obligation to check the details set out in the Booking confirmation meet your requirement.
- After we have sent you the Booking confirmation we will send you an invoice.
- Payment is due on receipt of invoice for all bookings, unless otherwise stated.
- Interest shall accrue at the rate of 8% per annum on any unpaid invoice.
- We may insist a deposit is paid at the time of the Booking. The deposit (where applicable) is part payment for the Booking and the required deposit amount will be advised at the time of making the Booking.
- In addition to any deposit, full or part payment of certain elements of your Booking (such as flights) may be required at the time of making the Booking or at some point between making the Booking and invoice receipt. All final payments are due on receipt of invoice.
- The deposit and all such additional payments are non-refundable. The balance must be paid no later than the date specified on the invoice. Please note if we do not receive payments due in full and on time, we are entitled to assume that you wish to cancel your Booking. In this case, we will be entitled to keep all amounts paid or due at that date.
- All Bookings are subject to availability. When making a Booking, and payment, the person doing so is deemed to have accepted these booking conditions on behalf of you and all persons named on the Booking. It is your responsibility to ensure that any information that you provide us with is accurate and any information given to you by us or any of the Third Party Suppliers is passed on to all members of your party.
- Once we have received the applicable payment(s) due at the time of Booking (detailed below), we will, subject to availability of the requested arrangements, send you your Booking confirmation followed by your invoice. It is at the point when we issue this that a valid contract will come into existence between us. Please check your Booking confirmation and your invoice and all attachments including tickets/documents carefully as soon as you receive them and contact us immediately if you believe any details are incorrect.
4. Changes to your Booking.
If, after the contract between us has come into existence, you wish to amend your Booking, we will use reasonable endeavour to pass your request to the Third Party Supplier(s); however this may not be possible and we are not contractually obliged to make the change. Where a change can be made, it may result in a charge being payable from either or both of the Third Party Supplier or from us for which you shall be responsible.
5. If you cancel your Booking.
- Air Travel: unless specified to the contrary all air travel is payable in full at the time of the Booking and in the case of cancellation, unless otherwise, stated is non-refundable, non-changeable and non-re-routable. Some Third Party Suppliers may treat a name change as a cancellation and may not refund monies.
- Other Travel: for all other Travel arrangements, any cancellation will be subject to the Third Party Supplier(s) terms and conditions and we may incur charges or levy a charge on you which you are expected to meet in full. We will always use reasonable endeavour to minimise these charges on your behalf.
- Alterations or cancellations by you after scheduled commencement of Travel Should you need to make any changes to your arrangements once they have commenced, we will use reasonable endeavours to do this for you, however this may not be possible and we are not contractually obliged to make this change. In the event of such amendments being made you will be liable for any cancellation charges that may be levied for the services originally booked, and for the cost of Booking the revised arrangements and the arrangements themselves. Please note where a sector of a flight is not utilised without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept any liability for costs incurred. Where we are able to obtain a refund from Third Party Suppliers or principals for unused services, we will pass this on to you, less any reasonable administration charges.
6. If the Third Party Supplier or Access Travel Management changes or cancels your Booking.
We will inform you of any changes or cancellations as soon as reasonably possible. If the Third Party Supplier(s) offers alternative arrangements or a refund you will need to let us know your choice within the timescale that we/they stipulate. If you fail to do so the Third Party Supplier is entitled to assume you wish to receive a full refund.
7. Our liability to you.
- We make every effort to ensure arrangements are made correctly and efficiently and provided with reasonable skill and care.
- It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees do or do not do if they were at the time acting within the course of their employment (for employees). We are not responsible for what the Third Party Suppliers do or do not do.
- We will not be responsible for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:-
(i) the fault of the person(s) affected or any member(s) of their party or
(ii) the fault of a third party not connected with the provision of your Booking which we could not have predicted or avoided or
(iii) an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 7a)the fault of anyone who is not carrying out work for us(generally or in particular) at the time.
- 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 £150 per person affected as you are assumed to have taken out adequate insurance at the time of the Booking.
- Where any claim or part of a claim is based on any Travel 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 Third party Supplier concerned would have to pay under the international convention or regulation which applies to the Booking or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted byan EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail).
- Please note: Where a carrier 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 Third Party Supplier for the complaint or claim in question.
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Booking.
- Our total liability to you with respect to all other losses shall arise under or in connection with this relevant whether in connection or interest shall in no circumstances exceed 125% of the total price of the Booking or £10m whichever is the lower.
- We will not pay you compensation or accept liability or pay any compensation if we are forced to amend of cancel your Booking in any way due unusual or unforeseeable circumstances beyond our control.
- In these terms and conditions ‘force majeure’ means any event or circumstances which we or the Third Party Supplier(s) of the services in question could not foresee or avoid even with all due care. Such events and circumstances may include but are not limited to war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, closure or congestion of airports or ports, changes of schedules or operational decisions of air carriers, terrorist activity, industrial action, natural or nuclear activity, epidemics/pandemics, adverse weather conditions, fire and all similar events outside our control.
- Advice from the Foreign Office to avoid travel to or leave a particular country may also constitute Force Majeure. Up to date information regarding the position of any country is available via this website : https://www.gov.uk/foreign-travel-advice
8. Further responsibilities relating to air travel
- The flight details shown in your itinerary are for guidance only and are subject to change. The times shown on all tickets are local times and check in for both outward and return flights is at least 3 hours prior to the departure times on the travel documents. It is possible that flights, connecting times, routing and the aircraft type may be changed even after tickets have been issued – we will contact you as soon as we are made aware of the change by the Third Party Supplier(s). This will only be possible if we are made aware of this change prior to departure.
- In accordance with EU Directive (EC) No 2111/2005Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
- In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of the Booking. Where we are only able to inform you of the likely carrier(s) at the time of the Booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your Booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the Third Party Supplier are unable to offer you a suitable alternative the provisions of clause 6 will apply. Any change in the identity of the Third Party Supplier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions. We can accept no responsibility if you arrive late for the check in and miss your flight as a result nor can we accept responsibility for any loss by you of your Booking tickets, vouchers or coupons. Air travel is subject to operational decisions of carriers and airports which may result in delays and diversions. Please note that minor carriers sometimes change the departure time of short-haul or domestic flights at short notice, and in some instances, schedules shown in the computers of intercontinental carriers differ from those actually flown by smaller local carriers.
- We advise you that it is your responsibility to be meticulous in locally reconfirming directly with the carrier operating the flight. We accept no liability for the consequences of flights missed owing to the Passenger(s)’s failure to reconfirm. Clients flying in economy class to long-haul destinations should be aware that flights are often full and you may not be able to get seats together. We also recommend that you check in early for a longhaul flight and in any case not less than 3 hours before the scheduled departure time. If your flight is cancelled or delayed, or your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation or other payment 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 your airline does not comply with these rules, you should complain to the Civil Aviation Authority: http://www.caa.co.uk/Passengers/Resolving-travel-problems/How-the-CAA-can-help/How-to-make-a-complaint/
9. Terms and conditions
- You undertake to behave with propriety and in such a manner as in no way causes or is likely to cause distress, danger or annoyance to other clients and/or any third party or damage to property. If, in the view of ourselves, our employees, agents or Third Party Supplier(s), you are in breach of this clause, we reserve the right to terminate your contract and neither we nor the providers of any of the services in question will have any further contractual obligations to you either in respect of covering any expenses, paying any compensation or refunds, or arranging for your return home.
- When you make a booking, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the Third Party Supplier(s). If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
- You must ensure that all your travel documents, full passports, visas, vaccination certificates and currency are in order and valid for Travel. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. You must ensure you have the correct health and visa entry requirements for all countries visited including those countries you may just be transiting through. This also applies to any stops the aircraft makes even if you do not leave the aircraft or airport. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration or health formalities.
- The name on your airline tickets must be the name that appears on your Passenger(s)’ full passport. This is critically important, no ‘known as’ names or abbreviated names, your ticket must show your name exactly as it is appears on your Passenger(s)’ passport. If you are denied a flight due to incorrect name information, we will not be held responsible for any losses incurred. Compliance with laws, it is your responsibility to comply with the laws, customs, foreign exchange and drug regulations of the countries visited. We and/or our representatives reserve the right to cancel the Booking at anytime if in our reasonable opinion you are found to be behaving in a socially unacceptable manner or indulging in illegal activities, without any liability to you for any refund and legal claim.
Should you have any complaints about any aspect of your Travel, you must inform us immediately. Most issues can be easily be dealt with at the time, you must allow us the opportunity to resolve the issue. Please note: If you do not report a problem or complaint which, if it had been reported at the time it occurred could have been resolved there and then we cannot accept any liability in respect of that problem or complaint. If you experience any difficulties, contact us in the UK on our 24 hour telephone number.
In the unlikely event that an acceptable solution cannot be found, you should then write to us within 28 days of your return with full details of your complaint. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result. If we are unable to reach an amicable solution to any dispute you do have the right to refer the dispute to Dispute Settlement Services for resolution of the dispute by a mediator provided the claim does not involve personal accident, injury or illness.
11. Special requests
If you have any special request, you must advise us in writing at the time of the Booking. Although we will endeavour to pass any reasonable requests on to the relevant Third Party Supplier(s),we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the Third Party Supplier(s) or the inclusion of the special request on your confirmation invoice or any other documentation is not a guarantee that the request will be met by the relevant Third Party Supplier(s). 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 have any medical problem or disability which may affect your Travel please tell us at the time of making the Booking.
12. Departure Taxes
It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from and are non-refundable by us.
13. Research Charges
If having received a quotation for travel services from us and you subsequently make your own Booking (i.e. not through Access Travel Management Limited) for the same travel services on the same or substantially similar terms then we reserve the right to charge you the commission and service fee we would have earned from the provider for the booking if you had made the Booking through us.
If any provision or part-provision of these Booking conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
b. Governing law
The Booking, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the booking or its subject matter or formation (including non-contractual disputes or claims).
Please be aware that current UK money laundering regulations require us to obtain adequate ‘Know Your Client’ information about you. We are also required to cross check you against the HM Financial Sanctions List as part of the information gathering process.
15. Confidentiality and Data Protection
We will from time to time need to process both yours and/or the Guests personal data for legal, practical and administrative purposes and in particular to the processing of any sensitive personal data (as defined in the Data Protection Act 1998) relating to the Guests, including, as appropriate:
- name and address details;
- date of birth and passport details
- Mobile phone numbers
- Driving licence details
You agree to this on your own behalf and on behalf of the Passenger(s). This may require us to pass your details to companies and individuals outside the EU where less stringent data protection controls may be in place. We will not pass on your details to third parties for any other purposes.
Access Travel Management Ltd, Registered Address: 20 St John Street, Lichfield, Staffordshire, WS13 6PB.
Registered in England with Company Reg. No: 08182407 VAT Reg. No. 173272510