Once you have decided on the holiday or single travel component you require, please carefully read the following conditions. They will form part of your agreement with Tonic Travel Group Ltd trading as Fly Azure (hereafter referred to as ‘the Operator’ or ‘us’).
YOUR CONTRACT WITH US
You may book with us a flight-ticket only (flight-only), accommodation-only or an inclusive air holiday. These contract terms set out your legal rights and obligations for each type of booking:
(i) If you book a flight-only with us, the Operator acts only as a booking & ticketing representative for the airline concerned and where applicable the booking will be protected under our ATOL license and all payments are secure (see clause 15 below). Your flight booking will be made under the Carriers Conditions of Carriage which are available from the airline or from us by request. Please see clause 9 of these Conditions for limitations of the airlines liability to you and other important terms and conditions. The Operator will not be responsible for the provision of the service concerned.
(ii) If you book with a travel agent and your booking includes, but is not limited to, some of the Operator’s arrangements, your contract is with your travel agent and not with the Operator. The Operator is simply a supplier to your travel agent.
(iii) In all other cases (including the provision of accommodation-only) your contract will be with the Operator. Your contract with the Operator and any matters arising from it shall be governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the courts of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
1. YOUR RESERVATION
When you book with us, we will confirm whether the holiday you have chosen is available. If your booking is for an inclusive package holiday you must pay a deposit of £150 per person at the time of booking – unless you book within eight weeks of departure, when the full cost of the holiday is payable. At times you may be required to pay a higher deposit amount, as certain flight tickets must be purchased immediately from the airline. The balance of the price of your holiday must be paid at least ten weeks prior to departure. If the balance is not paid by this time we reserve the right to cancel your travel arrangements and apply the cancellation charges, as per clause 5.
Please be advised that if you take advantage of our low deposit scheme and cancel your holiday 70 days or more prior to your departure then you will still be liable to pay the full deposit of £150 as the cancellation charge.
For flight-only reservations we require full payment at the time of booking. Flight only bookings are 100% NON REFUNDABLE and additional cancellation fees may apply in the event of cancellation where required.
For flight-only and accommodation-only bookings we also reserve the right to charge our administration fee, which will be advised and confirmed at the time of booking. We will issue our confirmation invoice showing the details and price of the arrangements and your contract with us will then exist.
For all internet bookings our booking procedure will ask you to confirm that you have read and accept these booking conditions, and a contract will exist between us when you click “Confirm”. We will immediately send an acknowledgement to you electronically and we will forward to you a Confirmation Invoice, confirming the details of your booking. In both cases, please check these details and advise us immediately of any discrepancies, as we cannot take responsibility for the provision of any service that we have not confirmed to you.
While we will do our best to meet any special requests you may have, we cannot guarantee to do so. You must have adequate insurance when travelling abroad by buying our policy or one that offers at least comparable cover under all sections. If you are making an advance registration booking for a forthcoming season, we are unable to advise on the facilities and services (including catering) available at any particular property until the brochure of the actual season is printed, once printed it is still subject to change.
All passengers travelling must ensure that they have the correct passport and/or visa to gain entry to their destination. Tonic Travel group accepts no responsibility for any refused boarding or missed flights as a result of incorrect or the absence of appropriate travel documentation.
2. PRICE POLICY
Prices quoted are in £’s sterling per person and are accurate at the time of going to press. We reserve the right to change holiday prices throughout the season (and these may rise or fall). We will confirm the price of your chosen holiday arrangements at the time of booking. Once a deposit is paid (or full balance within 10 weeks of departure), we promise not to alter the cost of your holiday. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. Should you be travelling on a holiday package with us there will be no change within 30 days of your 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. You will be charged for the amount over and above that, plus an administrative charge of £1.00 per person together with an amount to cover agent’s commission. If this means that you have to pay an increase of more than 10% of the price of the travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you have booked a flight-only or accommodation-only with us, if any tax or charge is introduced or increased after the reservation was made you will be obliged to pay it prior to departure. Failure to make payment may affect your booking with us. If any tax or change due is eliminated or decreased before we are required to pay it you will be entitled to receive a refund from us. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date of your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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. The price of your travel arrangements was calculated using exchange rates quoted on 22 October 2010 in relation the following currency – Euros 1.13. You must pay the balance of your booking at least ten weeks before departure, failing which we can consider your reservation to be cancelled and retain your deposit. Please note that money paid to a travel agent is held on behalf of Tonic Travel Group Ltd.
3. IF YOU CHANGE YOUR BOOKING
If you want to change any of your holiday arrangements before departing, we will try to help but we cannot guarantee any requests. If your booking includes a flight element, the airline may deem any change as a full cancellation, which may incur additional costs irrespective of when the booking was made or the departure date. Please notify us of any changes by telephone first and then confirm your request in writing immediately.
Seasonal Changes: We will consider a request to change any forthcoming holiday arrangements to a different holiday season (e.g. from Winter to Summer). All changes do depend on the individual booking arrangements and we cannot guarantee what the outcome is likely to be. Please contact our Administration Department to discuss the option(s) available.
Before ten weeks of departure:
(i) A charge of £30.00 per person, per amendment will be charged for our administrative costs but this does not include any additional charge(s) that you may incur from the supplier, e.g. airline or accommodation provider.
(ii) If any person on a booking cannot travel, we must be given notice of a transfer request at least 14 days prior to the departure date. We will agree to the booking being transferred to another person who satisfies all the conditions applicable. Both persons will have to accept joint and several liability of full payment for the holiday cost and any additional charges that may arise. Please note that some suppliers will classify a transfer as a cancellation and 100% cancellation fees will apply.
(iii) If you alter the number of people on your reservation, we will re-calculate the holiday cost, which may increase if fewer people are travelling. Such increases are not covered by most travel insurance policies.
Within ten weeks of departure: Unfortunately, alterations made within ten weeks of travel may be regarded as a cancellation and we reserve the right to apply the charges as shown in clause 5. Please contact us immediately for further assistance. Should you wish to change your arrangements whilst on holiday, please refer to clause 10 of the Booking Conditions.
If you change your booking dates and then cancel once the new dates have been confirmed, we will revert back to the original dates to calculate the cancellation charges incurred to you. Please refer to clause 5 for the applicable cancellation charges. Any changes to flight only bookings will be subject to each relevent airlines amendment fees and charges.
4. IF WE CHANGE YOUR BOOKING
It is sometimes necessary for us to make changes to the flights and holidays advertised which are prepared many months before travel takes place. Most of these changes are minor and we will advise you or your travel agent of them at the earliest possible time. We will advise you at the time of making the booking of any significant alterations and if you have already booked we will try to let you know about any important changes if there is time before your departure. If there are major alterations such as any of the following:-
(i) A change of your UK departure airport (except between Heathrow, Gatwick and Stansted or between Birmingham and East Midlands) or return airport.
(ii) A change in your departure or arrival time of more than 12 hours from the details shown on our latest invoice.
(iii) A change of your accommodation to a lower category or to a property not featured in our programme.
(iv) A reduction in the number of nights of your stay.
You can either:-
(i) Accept the changes and we shall refund to you any difference in the advertised cost.
(ii) Make an alternative booking from our programme at the advertised cost.
(iii) Cancel your booking and we shall issue a full refund of your money
Whatever your choice we will pay you compensation on the following scale, depending on the date on which you or your travel agent are advised of the changes:-
• 70 days or more before departure £10.00.
• 29 - 69 days before departure £20.00.
• 15 - 28 days before departure £30.00.
• 0 - 14 days before departure £50.00
Only one payment per person per booking will be made and the payments do not apply to infants or to children travelling on free child places. We will not make compensatory payments in situations which are outside our own control, such as industrial disputes, technical problems resulting in delays to air or surface transport, closure or congestion of ports or airports, adverse weather conditions, fire, health risks, natural or nuclear disaster, riot or civil disturbance, war, threat of war or terrorist activity. However, your insurance cover may provide for payment in some of the above situations. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight.
Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such changes are minor under this contract.
5. IF YOU CANCEL YOUR BOOKING
If you want to cancel your booking, the person who is the first passenger on your invoice must let us know in writing. Because we may not be able to re-sell the aircraft seats or the booked accommodation and to cover the cost of dealing with the cancellation, the following charges will be made, based on the amount of written notice we receive from you or your travel agent:-
• 70 days or more before departure loss of deposit.
• 29 - 69 days before departure 50% of total holiday cost.
• 15 - 28 days before departure 70% of total holiday cost.
• 0 - 14 days before departure 100% of total holiday cost.
Where you have paid a higher deposit to secure your flight (and in which case the cancellation charge is 100% of that cost), the scale of the charges shown above will only apply to those items (accommodation, transfers, etc) remaining. If you have taken advantage of our low deposit offering, the full deposit must be paid, please refer to clause 1 for the applicable cost. Beachball Holidays & Travel Ltd. shall take all reasonable steps to keep its costs and losses to a minimum but we recommend you take out travel insurance to cover your losses in the event of a cancellation. For accommodation-only bookings please refer to clause 13. All flight only bookings carry a 100% cancellation charge and no refund is available.
6. IF WE CANCEL YOUR BOOKING
We have the right to cancel your booking but we will not do this within ten weeks of your departure date unless it is for reasons outside our control, as described in paragraph 4. If we cancel your booking, you will receive a full refund and a compensatory payment as outlined in paragraph 4.
7. IF YOU HAVE A COMPLAINT
If you wish to complain about any aspect of your holiday arrangements, you must notify our resort representative immediately, to give us an opportunity to rectify the matter(s) whilst you are still in resort. We will do everything reasonably possible to resolve the matter, however, if you remain unsatisfied with the outcome you must complete a Customer Report Form. If you fail to mention your grievance to our representatives and you do not complete a Customer Report Form, this may affect your ability to complain once you have returned back to the UK. To formally register your complaint, the lead passenger of the booking will need to write to our Customer Relations Department within 28 days of completing the holiday. Please include all receipt for any items that may support your claim, items claimed without supporting documentation cannot be entertained. Complaints outside of this deadline will not be accepted, except under exceptional circumstances.
8. WHAT HAPPENS TO COMPLAINTS
We always try to resolve genuine complaints amicably. However, you can refer any dispute to an independent arbitration scheme arranged with the Chartered Institute of Arbitrators. This is a simple and inexpensive way of sorting out a complaint without the need to appear in person, but it only applies to claims of up to £5000 for each person, or £15000 for each booking form, and to claims which are not solely or mainly concerned with physical illness or their consequences. You can find information on their dispute resolution and details of your local branch at www.arbitrators.org. Your claim must be made within nine months of completing your holiday.
9. CONDITIONS OF TRAVEL
When you travel by air or sea, the transport operator’s “conditions of carriage” apply to that part of your holiday or flight. These can be inspected on request. In respect of carriage by air or sea, our liability in all cases will be limited in the manner provided by the relevant international agreements (such as The Montreal Convention and the Athens Convention), copies of which will be supplied on request. It is not normally possible to change your return journey arrangements once travel has begun, but if you are able to do so, a charge will be made by the airline. If you lose your air tickets, you may have to pay a fee in order to obtain replacements. Such charges are not refundable. If you are prevented from travelling on an aircraft or other transport because your behaviour is unacceptable to a person in authority, or if your conduct is causing upset to other travellers, we will consider your booking cancelled. In these circumstances, we will not issue any refund or compensatory payment to you. You must report any loss or damage to your baggage immediately to an appropriate person in authority, for example; an airline official who can supply a written report for you to use in any later insurance claim. We cannot accept responsibility for any loss or damage unless it is caused by our own negligence. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out at clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport User’s Council on 020 7240 6061 www.auc.org.uk
10. WHILST ON HOLIDAY
(i) Change accommodation during stay – Should you wish to change your accommodation for any reason (such as upgrading your room, your hotel, changing the number of nights etc), our agents will arrange this for you subject to availability and provided that requests are made in writing. You should also be aware that any charges levied as a result are for your own account and must be paid prior to any alterations taking place. People not named on your invoice may not use your holiday accommodation. Please note that if you decided to move to an alternative accommodation whilst on holiday, you may have to pay a local cancellation fee at the property you are vacating and if the new accommodation is more expensive you may have to pay any extra costs for this. You should not transfer without prior authority from our resort staff.
(ii) Use of the accommodation – The rooms booked for your party may only be used by those people named on our holiday invoice and by no other, unless agreed with us prior to your departure.
(iii) Damage / Loss in your accommodation – You are responsible for any damages or losses caused by either you or a party member and must be settled by you and the agent/owner before your departure. Failure to do so will render you responsible for any claims subsequently made against us (including our legal costs and the other party’s legal costs) as a result of your actions.
(iv) Your actions – As guests at their holiday accommodation, any clients who act in such a way as to cause offence / damage or distress to either the owner/agents or other guests will be considered in breach of this contract and will result in the immediate termination of their contract with the Operator. As a result, we will not be liable to make alternative arrangements for alternate accommodation or repatriation nor will we be liable for any costs incurred by you or make any refund.
11. OUR RESPONSIBILITY
We have taken care to ensure that the services which are part of your holiday are arranged by reputable and efficient suppliers who comply with local laws and regulations in the country in which the services are provided. We are responsible for making sure that the services you have booked with us are of a reasonable standard. If any part is not as promised, has affected your enjoyment and has caused you to make a justified complaint we may pay you compensation. This does not apply in the situations outside our control described in clause 4. We will not be liable where any failure to perform is due to you or a third party unconnected with the provision of the travel arrangements and the failure is unforeseeable or unavoidable.
We do not directly control the services provided by our suppliers, but we will accept responsibility for death, injury or illness caused to our clients by the proven negligence of Beachball Holidays & Travel Ltd, its employees, agents, suppliers or sub-contractors whilst providing a part of the travel arrangements booked with us. Our liability for transportation by air or sea travel will be limited in accordance with and in an identical manner to the carrier’s “conditions of carriage” (which are available on request) and appropriate international conventions. We will not accept responsibility in situations in which death, injury or illness is the fault of clients themselves, or where caused by a supplier unconnected with the booking, or where these consequences could not have been foreseen even if all due care had been taken. If we make any compensation payment to you, we would like you to transfer to us your rights against any supplier so that we can reclaim our costs. If you or any member of your party should become injured, ill or die whilst abroad when taking part in an activity unconnected with the arrangements made by us, we shall, at our discretion, offer help in making a claim. This help may include advice and financial assistance up to a maximum of £5000 per booking form. We have arranged legal expenses insurance to cover this, but if you have such cover on your own travel insurance policy, your claim must be made through that cover. Any claim under this section must be notified to us within 90 days of your return and all claims are subject to English law.
Should it be necessary for us to amend or cancel an accommodation-only booking, we cannot accept liability for any associated costs you may incur in respect of any other service or product, including flights, car hire etc, you have purchased independent of the Operator. We shall not make any payment whatsoever in this respect as our contract with you is purely for the provision of the accommodation booked through us. In cases of amendments / cancellations, we will apply the appropriate amendment / cancellation fee as shown in paragraphs 3 and 5 in our booking conditions. In the case of accommodation-only bookings, the following changes to the terms and conditions apply:
If you change your booking – Amendment fee is £20 per booking if we change your booking
If we change your booking – Compensation payable is as follows:
15 or more days before check-in NIL
0 - 14 days before departure £20.00
Only one payment per booking will be made.
If you cancel your booking – Cancellation charges are as follows:
15 days or more before departure £50 per booking
0 -14 days before departure 3 days cancellation or the full duration of stay, whichever is less
14. DATA PROTECTION POLICY
To process your booking and ensure that your travel arrangements meet your requirements, we and your travel agent need the information you provide, such as your name, address and, for example, any special dietary requests or details of any disability. We must pass this information to the appropriate suppliers of the holiday components and to any relevant security or credit-checking companies or any other authorities which are legally entitled to request them. You should however be aware that data protection controls abroad may differ from those in the UK. However, we will not pass any information to any persons not responsible for part of your travel arrangements. When you make a booking, you consent to details about you being passed to relevant suppliers. You are entitled to a copy of information held by us about you; please ask if you wish to receive it.
15. YOUR FINANCIAL PROTECTION
If you book a flight-only with us, the payment you make to us may be protected under our ATOL scheme managed by the Civil Aviation Authority. If your flight-only booking does not fall within the ATOL rules, Beachball Holidays & Travel Ltd act as a Ticketing Agent of the airline and you are not protected under the ATOL scheme.
In the event that you buy an ATOL protected flight or flight inclusive holiday 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.
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 or a suitable alternative (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, the travel agent (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.
For further information on visit the ATOL website at http://www.atol.org.uk/.
These conditions are valid for departures until 31 December 2015.
Fly Azure is a trading name of Tonic Travel Group Limited and holds an Air Travel Organiser’s License which is issued by the Civil Aviation Authority to companies who it considers financially fit to operate air inclusive travel arrangements. Our license number is 9218 and its validity can be verified at any time by checking the CAA Consumer Protection web site at www.caa.com
Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. However ATOL protection does not apply to all holiday and travel services featured on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to:www.atol.org.uk/ATOLCertificate
Please note that when you book a flight directly with a scheduled airline or low cost carrier, in the event that they financially fail and you are unable to fly as a result, your money is totally UNPROTECTED and unless you have paid for your flight by particular methods i.e. debit card, you will NOT receive any refund.
Where ATOL financial protection is provided, the cover costs £2.50 per passenger and we collect this amount on behalf of the Civil Aviation Authority and pass each collected fee directly on to them.