WeRoad Terms and Conditions for the sale of package holidays
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
a) he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
c) he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d) he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. THE PACKAGE HOLIDAY CONTRACT
The description of the package holiday in the holiday brochure, or in a separate travel leaflet, together with the booking confirmation for the services requested by the traveller, constitute an integral part of the travel contract along with the following general Terms and Conditions. The travel organiser shall send a copy of this contract to the traveller.
For the purposes of this contract the following definitions shall apply:
a) Travel organiser: WeRoad UK Ltd is the travel organiser as we undertake, in our own name and for a fixed sum, to supply package holidays to travellers, combining the various elements of the package and/or by offering the traveller, including remotely or online, the opportunity to independently create and purchase such combination.
b) Traveller: the buyer, the transferee of a package, or any other person, provided that they meet all the conditions required for the use of the service and have agreed to these Terms and Conditions.
3. PACKAGE HOLIDAY DEFINITION
A package holiday is defined in the Package Travel and Linked Travel Arrangements Regulations 2018. A package exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:
a) transport; or
b) accommodation; or
c) rental of cars, motor vehicles or motorcycles (in certain circumstances); and
d) any other tourist service not intrinsically part of one of the above travel services,
provided that those travel services are purchased together from a single visit to our website or by telephone and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
A booking is made with us when you pay us a deposit of £100 GBP (or full payment if you’re booking within the balance due date). Acceptance of the package holiday booking will be considered completed, once we have received your deposit and only when the travel organiser has sent the confirmation, by electronic means if necessary.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out
Before departure, the travel organiser will provide all the additional information about the package not contained in the contractual documents, brochures, or other written documentation.
Upon signing the agreement for the package holiday, the following fees must be paid:
a) a deposit of £100 GBP (or full payment if you’re booking within the balance due date). This sum is due as a confirmation deposit and an advance on the total price. The balance due must be paid promptly, with no extension, by the deadline set out in the booking confirmation for the holiday service/package requested.
The travel organiser reserves the right to return your deposit and decline to issue a booking confirmation at its absolute discretion.
For bookings made after the date indicated as the deadline for paying the balance or for those that require an immediate payment for the services booked, such as air tickets or prepayment for accommodation to obtain the best rate, the full amount, or the amount necessary to cover these services, must be paid at the time of signing or when requested by the travel organiser.
Where you fail to pay the above sums, on the agreed dates the travel organiser reserves the right to treat this as a termination of the package holiday contract by the traveller and the travel organiser is entitled to retain any deposit paid.
The price of the package holiday is determined in the contract on the basis of the information provided in the catalogue or in the programme not included in the catalogue, and in any updates of these catalogues or programmes, or on the travel organisers website. The travel organiser reserves the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The traveller must check the current price and all other details relating to the arrangements that the traveller wishes to book before making a booking.
The travel organiser reserves the right to increase the price of confirmed holidays solely to allow for increases which are a direct result of changes in:
the price of the carriage of passengers resulting from the fuel costs or the cost of other power sources;
the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing fees, or disembarkation or embarkation fees in ports and airports;
exchange rate fluctuations applicable to the package in question.
Such changes will be based on the exchange rates and prices in force on the date of publication of the schedule, as published in the brochure, or on the date given in any updates published on the websites.
The travel organiser will absorb and the traveller will not be charged for any increase equivalent to 2% of the price of the package, which excluded insurance premiums and any amendment charges. The traveller will be charged for any amount over and above that.
Under no circumstances can the price be increased in the 20 days prior to departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
If the increase exceeds 8% (excluding any insurance premiums or amendment charges), the traveller has the option of accepting a change to another package if this is available (if this is of lower quality, the difference in price will be refunded), or terminating the package contract and receiving a full refund of all monies paid, except for any insurance premiums and any amendment charges. If the traveller terminates the package contract for this reason, this must be notified to the travel organiser within 7 days from the issue date printed on the final invoice.
If the price of the package decreases as a direct result of the changes listed above, the traveller will be entitled to a refund of the difference less and administration fee of £10. Travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of the package due to contractual and other protection in place.
7. DEPOSIT CONDITIONS FOR TRIPS 'ON REQUEST'
In the event a trip on the weroad.co.uk website shows a "on request" status, the interested party has the possibility to write to [email protected] to request to be added onto the trip. In order to ascertain the actual availability for the "on request" trip, WeRoad requires the payment of a deposit of £100, to be paid exclusively by credit/debit card.
Within 48 working hours of making the payment, WeRoad will either:
confirm and complete the booking;
proceed with a refund of the sum paid if it was not possible to add the participant to the trip.
In the event that WeRoad manages to add the participant to the "on request" trip, WeRoad will ask the participant for all the necessary information to complete the booking. If the interested party decides to no longer participate in the trip, the deposit of £100 will not be refunded.
The deposit of £100 will be deducted from the booking balance and will not replace the deposit that must be paid in order to confirm the booking. If it is not possible to add a further participant to the "on request" trip, WeRoad will have to provide a refund and the interested party will be able to make a new booking, if interested.
8. JURISDICTION AND APPLICABLE LAW
These Terms and Conditions and any agreement to which they apply are governed in all respects by English law. The traveller and the travel organiser agree that any dispute, claim or other matter which arises between them or out of connection with the traveller’s contract or booking will be dealt with by the Courts of England and Wales only. If the traveller is a resident of Scotland or Northern Ireland, this law and jurisdiction can apply instead.
9. CUTTING YOUR PACKAGE HOLIDAY SHORT
If the traveller is forced to return home early, the travel organiser cannot refund the cost of any travel arrangements not used. If the traveller cuts the package holiday short where there is no reasonable cause for complaint about the standard of services provided, the travel organiser will not offer any refund for the part of the package holiday not completed, or be liable for any associated costs incurred. Depending on the circumstances, the travel insurance policy may offer cover for curtailment and it is suggested that any claim is made directly with them.
10. CHANGES TO OR CANCELLATION OF THE PACKAGE HOLIDAY BEFORE DEPARTURE BY THE TRAVEL ORGANISER
As the travel organiser plans the holiday arrangements many months in advance it may occasionally have to make changes or cancel a booking and the travel organiser reserves the right to do so at any time.
Changes: The travel organiser may only have to make a minor change to the package holiday and they will make reasonable efforts to inform the traveller as soon as reasonably possible if there is time before departure but the travel organiser has no liability to the traveller. Examples of minor changes include alteration of your internal flights by less than 12 hours, changes to aircraft type and/or change of accommodation to the same or higher standard. Please note that any carriers that are specified are subject to change and this change will be a minor one.
Occasionally, the travel organiser may have to make a significant change to the package holiday. Examples of a significant change made before departure may include:
a change of accommodation area for the whole or a significant part of the package holiday
a change of accommodation to that of a lower standard for the whole or a significant part of the package holiday
a significant change to your itinerary, missing our one or more destination(s) entirely.
If the travel organiser needs to significantly modify one or more items in the contract before departure, it will immediately inform the traveller in writing with details of the changes and the subsequent impact on the price. The travel organiser will offer the traveller the choice of accepting the changed arrangements or, if available and if one is offered, accepting an offer for an alternative package holiday (a refund will be given to the traveller for the price difference if the alternative is of lower value).
If the traveller does not accept the proposed modifications or the offer of an alternative package holiday, they can withdraw from the agreement without penalty and are entitled to choose an alternative package, if the tour operator can offer one. Failing that, they shall be refunded any money that has already been paid, including the management fee, in accordance with the applicable law.
The traveller must notify the travel organiser of their decision within two working days of the receipt of the notice. If the traveller does not respond within that timeframe, the travel organiser will contact the traveller again to request notification of their choice. If the traveller fails to send such notification within the deadline, the travel organiser's offer shall be deemed to have been accepted.
Cancellations: The travel organiser will not cancel your package holiday less than 30 before the departure date, except for reasons of force majeure failure of payment by the traveller. The travel organiser may cancel the package holiday if the minimum number of travellers is not reached.
If the travel organiser cancels the package holiday before departure for any reason, it will notify the traveller as soon as possible and, except for reasons which are the responsibility of the traveller, the traveller shall be reimbursed, within the terms of the law, the full amount paid for the package holiday.
Compensation: If the travel organiser has to make a significant change or cancel, the traveller also has the right to be compensated for non-execution of the contract, except in the following cases:
in the event of the cancellation of the package holiday if this is the result of the failure to reach the minimum number of participants required;
due to force majeure or other unforeseeable circumstances;
where a minor change has been made;
where the cancellation takes place more than 30 days before departure;
where the traveller accepts the significant change(s) or accepts an offer of an alternative package holiday;
where cancellation is due to the traveller failing to make full payment on time;
where the significant change or cancellation by the travel organiser arises out of changes to the confirmed booking requested by the traveller.
Compensation will be payable to the traveller in the following circumstances:
(i)where a significant change has been made and the traveller does not accept this change and cancels the package holiday;
(ii) if the travel organiser cancels the booking and offer no alternative package holiday.
The compensation offered does not exclude the traveller from claiming more if they are entitled to do so.
If we notify you more than 25 days before departure, the traveller will be entitled to £10
If we notify you more than 20 days before departure, the traveller will be entitled to £20
If we notify you more than 15 days before departure, the traveller will be entitled to £30
If we notify you less than 10 days before departure, the traveller will be entitled to £40
11. CHANGES AFTER DEPARTURE
If, after departure, the travel organiser is unable to provide, for any reason other than one that is the fault of the traveller, any essential part of the services provided for by the contract, they will provide adequate alternative solutions to allow the planned trip to be continued, without any charge to the traveller, or will refund the latter to the extent of the difference between the services originally promised and those actually provided. In cases where there is no alternative solution, or the solution arranged by the travel organiser is not acceptable to the traveller for valid and justifiable reasons, the travel organiser will provide, without applying any surcharges, a means of transport equivalent to the original one to return the holidaymakers to their point of departure or to another location formerly agreed upon, compatible with the availability of such means and locations, and they will refund the difference between the cost of the services promised and the cost of services provided, up to the date of the planned return.
12. SUBSTITUTIONS AND MODIFICATIONS BY THE TRAVELLER
The traveller can nominate another person as a substitute to take their place on the package holiday as long as:
the travel organiser is informed in writing at least seven days before the date set for departure, including the reasons for the replacement and the details of the transferee;
the substitute satisfies all the conditions for the use of the service and, in particular, has all the necessary documents including passport, visas, and health certificates;
the same services, or other substitute services, can be provided following the substitution;
any outstanding balance payment is paid, as well as an amendment fee of £50 per person per substitution, as well as any additional fees, charges or other costs arising from the transfer; and
the substitute agrees to these Terms and Conditions and all other terms of the package contract.
The original traveller and the substitute shall also be jointly and severally liable for payment of the balance of the amount due and the amounts referred to in this clause. If the original traveller cannot find a substitute, cancellation charges as set out below will apply in order to cover estimate costs. Otherwise, no refunds will be given for travellers not travelling or for unused services.
Important note: Certain arrangements may not be modified or substituted after they have been confirmed and any modification or substitution could incur a cancellation charge of up to 100% of that part of the arrangements.
13. CANCELLATION BY THE TRAVELLER
The traveller also has the right to withdraw from the contract, without penalty, in the following cases:
a price increase in excess of 8%
the significant change of any part of the package holiday as set out above and when these changes had been proposed by the travel organiser after the agreement had been signed and before the traveller’s departure or have been rejected by the traveller.
In the cases mentioned above, the traveller also has the right:
to take advantage of an alternative package holiday of equivalent or higher value, if the travel organiser can provide one. If the replacement package offered is of lower value, the travel organiser shall refund the difference in price to the consumer.
a refund of the amount already paid. This refund will be made in accordance with the law.
The traveller must notify the travel organiser, of the request to cancel the booking in writing. The notice of cancellation will only take effect when it is received in writing by the travel organiser at its offices and will be effective from the date they receive it.
Should one or more member of the traveller’s party cancel, it may increase the per person holiday price of those still travelling and the traveller will be liable to pay this increase.
Where a traveller withdraws from the contract before departure, excluding those circumstances listed in the paragraph above, the traveller shall be liable to pay, in addition to any deposit, the administrative cost of handling the booking, the cancellation charges as set out below, any expenses related to the insurance cover requested at the time of the contract was signed, and for any other services that have been already provided. In the case of pre-arranged groups, these amounts will be agreed when the contract is signed.
Travellers have the choice of purchasing a Cancellation Option from us, this a one-off fee which allows them more flexibility to cancel their booking for any reason.
Bookings from 1st February 2022 to 31st December 2022 will automatically have a free Cancellation Option applied to their booking.
If the traveller has applied the Cancellation Option during this period, the following conditions will apply:
If the trip is cancelled 8 days or more before departure, the traveller will be entitled to a full refund of the total amount paid inclusive of the "No Sharing Room" option (if selected);
If the trip is cancelled less than 8 days before departure, the traveller will not be entitled to any refund.
If the Traveller has not purchased the Cancellation Option:
The trip is cancelled 31 days or more before departure, the traveller will be entitled to a refund of deposit only and the "No Sharing Room" option (if selected);
If the trip is cancelled less than 31 days before departure, the traveller will not be entitled to any refund
Bookings made prior to 1st February 2022 or after 31st December 2022 where the Cancellation Option was purchased, will see the following conditions applied:
If the trip is cancelled 8 days or more before departure, the traveller will be entitled to a refund of the deposit only, but not including the "Cancellation Option" fee and the "No Sharing Room" option (if selected);
If the trip is cancelled less than 8 days before departure, the traveller will not be entitled to any refund.
If the Traveller has not purchased the Cancellation Option:
The trip is cancelled 31 days or more before departure, the traveller will be entitled to a refund of deposit only and the "No Sharing Room" option (if selected);
If the trip is cancelled less than 31 days before departure, the traveller will not be entitled to any refund
Important Note: Certain arrangements may not be modified after they have been confirmed and any cancellation could incur a cancellation of up to 100%.
Cancellation by the traveller due to unavoidable and extraordinary circumstances:
The traveller has the right to cancel their confirmed package holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the holiday destination or its immediate vicinity and significant affecting the performance of the package holiday or significantly affected the transport arrangements to the destination. In these circumstances, the travel organiser will provide a full refund of all monies paid by the traveller but they will not be liable to pay any additional compensation. Please note that the right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to the travellers destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, and significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause outlines the rights travellers have if they wish to cancel their booking. Please note that there is no statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
14. EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Terms and Conditions the travel organiser will not be liable or pay the traveller compensation if the travel organiser’s contractual obligations to the traveller are affected by Events Beyond Our Control. For the purposes of these Terms and Conditions, Events Beyond Our Control means any event beyond the travel organisers or the supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, epidemics, pandemics and significant risks to human health such as the outbreak of serious disease at the travel destination (including the ongoing effects of the COVID-19 pandemic) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something that will continue to be monitored and the traveller will receive notification as soon as possible if any confirmed bookings will be affected. However, since this is something which is completely unprecedented and outside the travel organisers control, it will be treated as Events Beyond Our Control, the travel organiser will endeavour to provide suitable alternative arrangements or refunds where possible but will not be liable to pay the traveller any compensation.
15. SPECIAL REQUESTS
The traveller will give written notice to the travel organiser, at the time of booking of the package holiday and before confirming the booking, and before the travel organiser's confirmation of the services being offered, of any personal requests which may be subject to specific agreements regarding travel arrangements, provided that it is possible to implement them. It may not always be possible to implement such requests and such requests will be subject to a specific agreement between the traveller and the travel organiser. If the travel organiser cannot meet any special requests, this does not constitute a breach of contract on their part unless the request has been specifically confirmed.
16. DISABILITIES AND MEDICAL PROBLEMS
The travel organiser will try to cater for any special requirements the traveller may have. The traveller must notify the travel organiser of any medical problem or disability which may affect their booking and provide full details before the booking is made. The travel organiser will try to advise you as to the suitability of your chosen arrangements and may require the traveller to produce a doctor’s certificate certifying that the traveller is fit to participate. Acting reasonably, if the travel organiser cannot properly accommodate the needs of the traveller(s) concerned, the booking will not be confirmed or if full details were not notified at the time of booking, the booking will be cancelled and the travel organiser reserves the right to impose applicable cancellation charges.
17. TRAVELLER CONDUCT
All travellers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the travel organisers opinion or in the opinion of any hotel manager or any other person in authority, the behaviour or that of any member of the party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the travel organiser reserves the right to terminate the booking immediately. In the event of such termination the travel organiser shall have no liability to the traveller or their party and the traveller and their party will be required to leave the accommodation or other arrangements immediately. The travel organiser will have no further obligations to the traveller or their party. No refunds for lost accommodation or any other arrangements will be made and the travel organiser is not responsible for any expenses or costs incurred as a result of termination. The traveller and their party may also be required to pay for loss and/or damage caused by the actions and each traveller will be held party jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If the traveller fails to make payment, they will be responsible for meeting any claims (including legal costs) subsequently made against the travel organiser as a result of your actions together with all costs incurred in pursuing any claim against the traveller.
The travel organiser is not responsible for the actions or behaviour of other guests or individuals who have no connection with the traveller’s booking arrangements or with the travel organiser.
Travellers/tourists must behave in such a way as to guarantee and not compromise the safety, tranquility and enjoyment of the trip by other travellers/tourists. Travellers/tourists must also adopt appropriate behavior with WeRoad customer service staff both in the pre-booking and post-booking phases, therefore also during the trip, and comply with the rules of normal prudence and diligence and the specific ones in force in the travel destination countries, all the provisions provided to them by the organizer, as well as the regulations, administrative or legislative provisions relating to the tourist package. WeRoad will also reserve the right, in the event of inappropriate behavior towards its staff and other travellers, to immediately remove the traveler from the group and not allow them to continue the journey with WeRoad.
18. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS and HEALTH FORMALITIES
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued EHIC card prior to departure. For travel taking place on or after 1st January 2020, EHIC provisions have changed and so you should check https://www.gov.uk/visit-europe-1-january-2021 and https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare for updates affecting your travel. You may need to apply for a Global Health Insurance Card prior to departure instead. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware. You must obtain comprehensive health insurance cover if you are travelling to the European Union.
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
When booking the package holiday or service, travellers must inform the travel organiser of their citizenship and, at the time of departure, they must check that they have all the vaccination certificates, passports, and other valid documentation required for the countries on their itinerary, as well as any residence visas, transit visas, or health certificates which may be required.
Travellers will also have to comply with the rules of due care and diligence and with the specific regulations in force in their destination countries, and to all the guidelines provided by the travel organiser, as well as to all the regulations and administrative or legislative provisions relating to the package holiday. The travel organiser does not accept any responsibility if the traveller cannot travel, or incurs any other loss because the traveller has not complied with any passport, visa, immigration requirements or health formalities. Travellers will be liable for all damages, including the cost of their repatriation, suffered by the travel organiser as a consequence of any failure to comply with the above-mentioned obligations.
Self-certification state of health
19. HOTEL CLASSIFICATION
The official hotel classification is provided in the brochure, or in other promotional material, based only on express and formal information provided by the competent authorities in the country in which the service is being provided. In the absence of official classifications recognised by the competent public authorities of the EU member countries to which the service refers, or in the case of locations marketed as a "Holiday Village", the travel organiser reserves the right to provide their own description of the facility, in sufficient detail to make it possible for the traveller to evaluate the destination before acceptance.
20. SCOPE OF LIABILITY
1) The travel organiser will accept responsibility for the arrangements provided or arranged for the traveller as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, the travel organiser shall be responsible for the proper provision of all travel services included in the package, as set out in the confirmation invoice. Subject to these Terms and Conditions, if the travel organiser or the suppliers negligently perform or arrange those services and the complaint has not been remedied or resolved within a reasonable period of time, and this has affected the enjoyment of the package holiday the traveller may be entitled to an appropriate price reduction or compensation or both. The traveller must inform the travel organiser without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Terms and Conditions and the extent to which the travel organiser’s or the employees’ or suppliers’ negligence affected the overall enjoyment of the holiday. It is the traveller’s responsibility to show that the travel organiser or the supplier(s) have been negligent if the traveller wishes to make a claim against the travel organiser.
2) The travel organiser will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a) the acts and/or omissions of the person affected; or
b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) Events Beyond Our Control
3) The travel organiser limits the amount of compensation which may be payable to the traveller if the travel organiser is found liable under this clause:
a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount the travel organiser will have to pay the traveller in respect of these claims is an amount equivalent to the excess on the traveller’s insurance policy which applies to this type of loss per person in total because the traveller is required to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount the travel organiser will have to pay the traveller in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and the traveller or their party has not received any benefit at all from your booking.
c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of the travel organier’s liability will in all cases be limited as if the travel organiser was a carrier under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions. In addition, the traveller agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to that journey. When arranging transportation for the traveller, the travel organiser relies on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. The traveller acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of the contract between the traveller and the travel organiser, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to the traveller by virtue of EC 261/2004 (denied boarding and flight disruption), any liability the travel organiser may have to the traveller under the contract, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) the travel organiser was the carrier.
iii) When making any payment, the travel organiser shall be entitled to deduct any money which the traveller has received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
4) It is a condition of the travel organiser’s acceptance of liability under this clause that the traveller notify any claim to the travel organiser and the supplier(s) strictly in accordance with the complaint procedure set out in these Terms and Conditions.
5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to the travel organiser or the insurers any rights they may have to pursue any third party and must provide the travel organiser and the insurers with all assistance as is reasonably required.
6) Please note, the travel organiser cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
a) which on the basis of the information given by the traveller concerning the booking prior to the travel organiser accepting it, the travel organiser could not have foreseen the traveller would suffer or incur if the travel organiser breached the contract with the traveller;
b) relate to any business;
c) indirect or consequential loss of any kind.
7) The travel organiser will not accept responsibility for services or facilities which do not form part of the agreement or where they are not advertised by the travel organiser. For example any excursion booked whilst away, or any service or facility which the hotel or any other supplier agrees to provide for the traveller.
8) Where it is impossible for the traveller to return to the departure point as per the agreed return date of the package, due to “unavoidable and extraordinary circumstances”, the travel organiser shall provide the traveller with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 nights cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided the travel organiser has been notified of these particular needs at least 48 hours before the start of the holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to the departure point.
21. ADDITIONAL SERVICES/EXCURSIONS
Excursions or other tours that traveller may choose to book or pay for whilst on holiday are not part of the contracted arrangements. For any excursion or other tour that the traveller chooses to book, the contract will be with the operator of the excursion or tour and not with WeRoad UK Ltd. WeRoad UK Ltd are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
22. INSOLVENCY PROTECTION
We provide financial security for flight-inclusive [packages and ATOL protected flights]by way of our Air Travel Organiser’s Licence number 12009, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected].
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We provide full financial protection for our package holidays which don’t include flights, by way of a bond held by ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.com, membership number Y6741.
23. OBLIGATION TO ASSIST
The travel organiser must provide the traveller with such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where the traveller requires assistance which is not owing to any failure by the travel organiser, employees or sub-contractors, the travel organiser will not be liable for the costs of any alternative travel arrangements or other such assistance that is required. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation to the traveller and the traveller should make a claim directly to them. Subject to the other terms of these Booking Conditions, the travel organiser will not be liable for any costs, fees or charges incurred by the traveller in the above circumstances, if the traveller fails to obtain the travel organiser’s prior authorisation before making different travel arrangements. Furthermore, the travel organiser reserves the right to charge a fee for the assistance in the event that the difficulty is caused intentionally by the traveller or a member of their party, or otherwise due to their negligence.
24. CONDITIONS OF SUPPLIERS
Many of the services which make up the package holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of this contract. Some of these terms and conditions may limit or exclude the supplier's liability to the traveller, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from the travel organiser or the supplier concerned.
25. COMPLAINTS AND CLAIMS
The traveller must report any complaints as soon as possible during the package holiday, so that the travel organiser, their local representative or guide have an opportunity to remedy the fault. Without prejudice to the above obligation, the traveller can also submit a complaint by registered letter, with acknowledgment of receipt, to the travel organiser, ideally no later than ten working days from the date of return to the place of departure. Failure to follow this procedure may affect the travel organisers and the applicable supplier’s ability to investigate the complaint and will affect the traveller’s rights under this contract.
26. DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION
If the traveller misses a flight or other transport arrangement, it is cancelled or there is a delay of over 3 hours for any reason, the traveller shall notify the travel organiser and the airline or other transport supplier concerned immediately.
Under UK Law, travellers have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules, the traveller should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle the traveller to a refund of the package holiday price. If the traveller does not claim against the airline and make a claim for compensation from the travel organiser, the traveller must, at the time of payment of any compensation to, make a complete assignment to the travel organiser of the rights against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to the flight does not automatically entitle the traveller to cancel any other arrangements even where those arrangements have been made in conjunction with that flight.
The traveller does not accept liability for any delay which is due to Events Beyond Our Control (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on the website and detailed on the confirmation invoice are for guidance only and are subject to alteration and confirmation. The travel organiser shall inform the traveller of the identity of the actual carrier(s) as soon the travel organiser is aware of it. The latest flight timings will be shown on any tickets which will be despatched approximately two weeks before departure. The traveller must check the tickets very carefully immediately on receipt to ensure the flight times are correct. If flight times change after tickets have been dispatched, the travel organiser will notify the traveller as soon as reasonably possible.
Please note the existence of the “United Kingdom safety list” (available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/) detailing air carriers that are subject to an operating ban within the United Kingdom.
This brochure/website is the responsibility of the travel organiser. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of the travel arrangements.
If not expressly included in the price, adequate travel insurance is a condition of your contract with the travel organiser. You must be satisfied that you have an insurance policy that will cover any expenses arising from cancellation of the package, or as a result of injury or illness, and which also covers the expenses of repatriation and loss or damage to luggage. The traveller will exercise their rights inherent in these contracts exclusively in respect of the insurance companies stipulated, in accordance with the conditions and in the manner provided by these policies, as set out in the policy terms and conditions published in the brochures or in the leaflets available to travellers at the point of departure.
28. ALTERNATIVE DISPUTE RESOLUTION
The travel organiser may offer the traveller alternative solutions for resolving disputes that may arise, in the brochure, their documentation, on their website, or in other forms. The travel organiser will state the type of alternative solutions available and the impact they might have if accepted.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see below for further details
29. OPERATIONAL CHANGES AND ACCURACY
The travel organiser endeavours to ensure that all the information and prices both on the website, however schedules and the flights listed when the booking is finalised may be subject to change and subsequent confirmation.
30. ADVANCED PASSENGER INFORMATION
31. FOREIGN, COMMONWEALTH AND DEVELOPMENT OFFICE ADVICE
The traveller is responsible for the awareness of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas they will be travelling and to make decisions accordingly. Advice from the FCDO to avoid or leave a particular country may constitute Events Beyond Our Control.
You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
We are a Member of ABTA, membership number Y6741]. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.