TERMS FOR THE FLIGHT PRODUCT FROM LONDON GATWICK TO MILWAUKEE, THE DESTINATION OF THE RYDER CUP EVENT 2021

These terms and conditions (“Terms”) apply to the flight product to the Ryder Cup location (as described further below). These terms are not the signature version, which will be provided to you separately.

These Terms apply in conjunction with the Booking Conditions which are set out overleaf. Together, the Terms and the Booking Conditions comprise the terms of the contract between The Travel Division Ltd (hereinafter “we”, “us”, “our”, “TTD”) and you. All definitions set out in the Booking Conditions shall, unless otherwise specified, have the same meaning when used in these Terms. If there is any inconsistency between these Terms and the Booking Conditions, these Terms shall prevail.

Unless otherwise specified in your booking, this is a flight-only product where the seats are supplied by the carrier DreamJet SAS (also known as La Compagnie), or any substitute as applicable.

In addition to these Terms and our Booking Conditions, the following is agreed between the parties:

1) Flight details

Departure times are approximate and will be confirmed closer to departure

All timings are local times and are subject to airport slot co-ordination, traffic rights approval, governmental approval, operational constraints and DOT approval.
Payload includes a passenger baggage allowance of one piece of 23 kgs, one set of golf clubs (up to 18 kgs) and one piece of cabin baggage of 5 kgs.
Price is subject to adjustment according to fuel increase.
Routing may be subject to one fuel stop based on actual wind conditions on the day of operation.
Catering – business class service based on standard catering.
Aircraft type – A321N (or any substitute as applicable).
All passengers and their baggage shall be available at the specified check-in point no later than 120 minutes before the estimated time of departure.

2) Payment

a. You shall pay to us the price as specified below and subject to the terms and conditions set out in these Terms and Booking Conditions:

i. £4,499 due at the time of booking

b. Full payment is due at the time of booking and time for payment shall be of the essence. Seats for this request cannot be held until full payment has been received. Final pricing and availability are subject to change based on confirmation from the carrier.

c. Payment shall be 100% non-refundable in the event of cancellation by you for any reason. This booking and tickets are non-changeable for any reason and any cancellation shall be charged in full.

d. Payment is to be made directly by telegraphic transfer in the specified currency to the appropriate currency account notified by us to you. Payment is also accepted for most credit and debit cards and a link to make such payment will be provided to you by us.

e. All taxes and/or fees which may be payable in addition to the price are subject to change. Any rises in taxes and/or fees will need to be paid by you in full prior to issuing the tickets.

f. Full names must be provided to us in the exact format requested by us (full APIS data) at the time of booking. Failure to provide names and/or any other required data could result in your booking being cancelled and all monies paid being forfeited. Space cancelled due to late submission of names and/or any other required data may be impossible to have re-instated.

g. One complimentary name change is permitted per ticket. Name changes are permitted until one week prior to departure. After this point, charges may be incurred by you.

h. The price above is based on aviation fuel costs. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the date of this agreement and the date of operation of the flight, then you shall, if so required by us, pay to us on demand such amount as shall fully compensate us for any such increase.

i. If for any reason payment of the price above or any instalment thereof is not be made on the due date then, notwithstanding the rights of TTD or the carrier to cancel the Seats, you shall pay to us interest on the amount unpaid at the rate of 4% per annum above the base rate for the time being of HSBC Bank plc. calculated on a daily basis from the due date until the date of payment (both before and after judgment) compounded monthly.

3) Relationship between the parties

The carrier will have its own terms and conditions and policies (such as airline conditions of carriage, accommodation or tour organiser terms) (“the Supplier Terms”). To the extent of any inconsistency between the Supplier Terms and these Terms and Booking Conditions, the Supplier Terms shall prevail. The Supplier Terms will be available directly on your carrier’s website (for ‘La Compagnie’ these are: https://www.lacompagnie.com/en/legal/conditions-of-carriage/) or by contacting them. Alternatively, please ask us for copies. You must read all applicable Supplier Terms carefully and you (and your group) must ensure you fully comply with them.

4) Your rights to cancel, amend etc.

a. We are not an air carrier and therefore have no responsibility for the performance or otherwise of the flight(s). All liability in respect of the performance or otherwise of the flight(s) falls upon the carrier.

b. Your rights to cancel, amend your tickets or flight details or passenger numbers, claim damages or compensation shall be limited to the extent expressly provided for under these Terms and the Booking Conditions.

c. To avoid doubt, any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or UK regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or un-amended and the Montreal Convention for international travel by air and/or for airlines with an operating license granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, and the Athens Convention for international travel by sea as amended by the 2002 protocol where applicable). 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 directly from the carrier for the claim in question.

d. In no case whatsoever shall TTD be liable for any consequential or special damage or loss arising from its performance or failure to perform the flights or any of its obligations under this agreement whether or not TTD has or should have knowledge that such damage or loss might be sustained.

5) ATOL. When you buy this flight-only 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 more information on your financial protection under ATOL please see the Booking Conditions.

6) Coronavirus and quarantine. We will have no liability to you for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

a. You, or anyone in your group, fail any tests, checks or other measures imposed by our carrier or government body or fail to submit for testing or assessment when requested to do so, and as such you (or anyone in your group) are denied entry to board the flight or access to the services or you are otherwise unable to proceed with the flight; or

b. if you (or anyone in your group) are required to quarantine upon your return to your home destination, including quarantine at a hotel at your expense;

c. if you (or anyone in your group) test positive for COVID-19 (which shall include any variant thereof) and have to quarantine for a period of time either before, during or after your flight, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for COVID-19 (or where they otherwise suspect they may have COVID-19) and have to quarantine for a period of time either before, during or after your holiday. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel.

7) Travel warnings. In the event of a travel warning (not a travel advisory) or any travel bans forbidding access to the final destination, or that the Ryder Cup event is either cancelled or does not allow any public to attend, to the extent this has been advised to us at least 5 days prior to the first scheduled departure, this agreement may be cancelled and a full refund shall be provided (minus any costs incurred or committed by TTD and/or the carrier, for example, permits, overly fees, catering, handling etc. by way of pre-agreed liquidated damages). Should the Ryder Cup event be cancelled, but media and sponsors still need to attend, TTD will procure (insofar as possible and depending on availability and any additional costs) alternative arrangements on regular business class scheduled flights.

8) Passports etc. You must ensure that you (and your group) hold the necessary travel documents (including but not limited to passports, visas, health and other certificates) for departure from the country of origin and entry into the country of destination of the flight. You shall comply (and ensure your group complies) with all relevant customs, police, public health, immigration and other lawful regulations of the state of registration or of any other state to, from or over which the flight is or may be flown, or otherwise having jurisdiction over it. You must further ensure that you (and your group) comply with all licences and authorities. We are not responsible in the event you (and/or your group) do not hold all necessary travel documents to secure transit through any intermediate points and entry into the country of destination of the flight. You further agree to fully indemnify us if an authority refuses entry to you (and/or your group) in any circumstances, including but not limited to the costs of transporting you and/or your group to any point deemed appropriate by such authorities, together with the costs of accommodation, fines and charges of whatsoever nature arising from denied entry and/or failure to hold the necessary travel documents.

9) Disclaimer. You acknowledge that we have no involvement in the actual Ryder Cup event and we shall have no liability to you in relation to it.

10) Unforeseen Events

a. If an Unforeseen Event occurs (as defined below), we may amend, cancel, terminate, divert, re-route, postpone or delay the flight or cease operations on any route. In such a case, we may provide you with a full or partial refund depending on the circumstances (in our discretion).

b. Subject to 10(a) above, we shall have no liability to you for any failure by us to perform our obligations under this contract arising from an Unforeseen Event.

c. Where a transfer service by alternative means is arranged, we shall have no liability to you for this, and any costs associated with this shall be your responsibility.

d. An “Unforeseen Event” means the act/neglect/default/omission of any subcontractor, labour disputes, strikes, lockouts, war hostilities, insurrection, civil commotion or rebellion (whether war be declared or not) seizure, sanctions, pandemics, epidemics, COVID-19 and any mutations, quarantine restrictions, unusually severe weather, acts of God, governmental restraints (including without limitation any act of government or government regulation to the extent that such act or regulation makes operation of the contract or any flight impossible), engine or aircraft failures, withdrawal of route licences or designation under an air services agreement, or without limitation any other cause of any kind whatsoever beyond the control of the carrier or lack of assurance of the availability of sufficient quantities of aviation fuel of a standard acceptable to the carrier and upon the occurrence of any one or more of the events set out above in this clause or if the carrier shall in its discretion consider that for any reason the flight or the aircraft or its passengers are in danger or at any risk it may terminate without notice any flight affected in any way by such event provided always that in the event of any such failure the carrier shall use all reasonable endeavours to fulfil its obligations.

11) Termination by us

a. The contract between us may be terminated immediately upon notice from us to you upon the occurrence of any of the events specified below:-

i. You default in the payment of any amount payable hereunder on due date; or

ii. You are in breach of any of your obligations hereunder which if capable of remedy has not been remedied within 7 days of receipt of written notice from us requiring remedy of such breach; or

iii. you admit in writing your inability to pay or becomes unable to pay your debts; or

iv. If we believe, acting reasonably, that you have no intention or ability to perform your obligations under this contract between us.

b. If the contract between us is terminated under this clause, then you shall (without prejudice to any other rights and remedies which we may have) pay forthwith to us all amounts then due and unpaid to us hereunder, together with interest thereon (if any) at the rate specified in this contract, and we shall be entitled to retain any initial deposit paid by you pursuant to any provisions set out in our contract.

12) Travel insurance. We strongly recommend that you take out appropriate travel insurance to cover your travel arrangements.

13) Delays. If the departure of any flight shall be delayed by reason of any act, omission of default by you and/or your group or for any other reason, we shall have no responsibility and you shall indemnify us immediately upon demand for all damages, loss, costs or expenses of whatsoever nature, including without limitation the cost of accommodation, refreshments, meals or any other additional costs. The carrier shall not be obliged to delay any flight beyond its estimated time of departure and the carrier may cancel such delayed flight in its sole discretion. Any refund shall depend on the circumstances (in our discretion).

14) Alterations. The carrier shall have the right to reduce maximum load without any liability, and the carrier shall have the right to substitute the aircraft of a different type. In the event of any such substitution, updated Supplier Terms may apply, and you (and your group) shall comply with them in full.

15) EU Regulation 261/2004. In the event that the carrier incurs any cost, penalty or obligation pursuant to EU Reg.261/2004 on establishing of common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or of long delay of flights (the “Regulation”), or any other applicable law or regulation, as a result of any action or inaction of you, or any passenger traveling on the allocation of you, you shall indemnify TTD and the carrier against any costs incurred pursuant to complying with the Regulation or any other law or regulation.

16) Electronic signatures. As per clause 22 of our Booking Conditions, electronic signatures are expressly permitted under this contract.

BOOKING CONDITIONS

These are the Booking Conditions of THE TRAVEL DIVISION LTD, a company registered under number 08697954, with its registered office at Millbank House, 171-185 Ewell Road, Surbiton, Surrey KT6 6AP, United Kingdom (“we”, “us”, “our”, “TTD”) for the sale of travel services and apply to bookings you make with us (by phone or by email).

1. General information

Please read these Booking Conditions carefully. You must not make any booking unless you understand and agree with these Booking Conditions. They include important information you will need to know before you book any travel arrangements with us, and contain information about the travel arrangements you have booked and form part of the contract entered into between you and TTD for your travel arrangements. You should save and/or print a copy of these Booking Conditions at the time the booking is placed.

These Booking Conditions are subject to change and the applicable terms will be confirmed to you at the time of booking. The entire Booking Conditions form the contract between you and TTD for travel arrangements, as available from TTD. These Booking Conditions supersede and take precedence over any other terms and conditions, unless otherwise stated in these Booking Conditions.

Air Charter Service Travel & Concierge is the trading name of The Travel Division Ltd.


2. Your Booking Conditions

Your rights under these Booking Conditions will depend on the type of travel arrangement you book with us, which will be either a booking for package travel or for one or more individual travel services. Where TTD is not the principal supplier of your travel arrangements, your travel service provider will have its own terms and conditions and policies (such as airline conditions of carriage, accommodation or tour organiser terms) (“the Supplier Terms”). To the extent of any inconsistency between the Supplier Terms and these Booking Conditions, the Supplier Terms shall prevail, save to the extent that any provision in the Supplier Terms is deemed invalid or unenforceable. The Supplier Terms will be available directly on your travel service provider’s website or by contacting them. Alternatively, please ask us for copies. You must read all applicable Supplier Terms carefully.

When you book your travel arrangements with us, you guarantee that you have the authority to accept and do accept on behalf of each member of your party the terms of these Booking Conditions, as well as any applicable Supplier Terms. We will rely on the authority of you to act on behalf of any other traveller on the booking.

Once we have received the applicable payment(s) due at the time of booking, TTD will, subject to availability, send you your booking confirmation invoice by email (or in hard copy if requested by you). A contract on the terms set out in these Booking Conditions will exist as soon as we issue a confirmation invoice.

It is your responsibility to check your confirmation invoice, and contact us immediately if you think any details are incorrect. We regret we cannot accept liability if we are not notified in writing of any inaccuracies (for which we may be responsible) in any document within ten (10) days of us sending it out to you. We will do our best to rectify any mistake notified to us outside of these time limits but you must meet any costs involved in doing so.

3. When we act as agent or principal

When you make a booking with us, you acknowledge and agree that, where we are not the principal supplier of your travel arrangements, we will be acting as agent only for the relevant tour organiser or travel service provider, including in relation to packages that we arrange, and that neither TTD nor any of its directors, employees or agents have any liability of any nature in connection with the relevant travel service, except as set out in these Booking Conditions.

All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to us or to the suppliers of the arrangements. We are free to accept that offer on our own behalf when we are entering into the contract for the travel arrangements, or to reject it.

Flight-inclusive package: If you make a booking with us for an air holiday package, then we are your package provider (the “principal”).

Flight-only: If you make a booking with us for a flight only (and not any other travel services), then we will indicate in your booking confirmation whether we are the principal provider of the seats or if we are acting as agent for the principal provider of the seats. We will also inform you if your seats are financially protected through the ATOL scheme, and you accept that this is dependent on how we procure the seats to you.

Accommodation or single item only: If you make a booking with us for accommodation or a single item only, which is not part of a package, then we will indicate in your booking confirmation whether we are the principal provider or if we are acting as agent for the principal provider of accommodation or a single item.

Non-flight package: If you make a booking for various travel arrangements, for example, accommodation, car transfer or any tour or guide, we act as principal as your tour operator.

Third party principals: If when you make a booking with us that is for another third party travel supplier’s package holiday, then we are not the organiser of that third party travel provider’s package and in those instances we are acting as agent for the suppliers of those packages, as indicated to you in your booking confirmation. We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them.

Cancellation (acting as agent or principal): Cancellations result in costly charges from travel and hotel providers covering penalties and fees incurred by cancelling confirmed bookings. Therefore, where we are supplying travel arrangements as principal, any cancellation fees set out in these Booking Conditions will apply. Where we are acting as agent, then the cancellation terms of the Supplier Terms will apply. Time of cancellation will be when notice from you is received at TTD’s offices.

4. Your financial protection

When you make a booking through us, what you book and how will determine what financial protection is in place. Please read through this section, which explains the different bases on which monies paid for your travel arrangements may be protected against our failure, or that of the suppliers with whom you have booked. Please ask us if you wish to confirm what protection may apply to your booking.

Our associated company, Air Charter Service Limited, holds an Air Travel Organiser’s Licence (“ATOL”) number 10632 issued by the Civil Aviation Authority (“CAA”) and complies with the bonding requirements of the CAA.

When you purchase an ATOL protected flight or flight inclusive travel through us you will receive an ATOL Certificate. The ATOL Certificate lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. 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 parts of your trip are not listed on it, those parts not listed will not be ATOL protected. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). For further information visit the ATOL website at www.atol.org.uk.

For the avoidance of doubt, any other charter flight booking through any Air Charter Service group entity shall not be entitled to financial protection through ATOL and shall be subject to separate terms and conditions.

We will provide you with the services you have bought (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder (where a flight-inclusive package is sold to you or where we sell you a flight-only which is ATOL protected), or an alternative provider where you have purchased a package that doesn’t include a flight, 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 (or alternative provider) will perform those obligations and you agree to pay any outstanding money owed by you under your contract to that alternative ATOL holder or provider. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder or provider, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable), or through our bond held for non-flight inclusive packages.

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.

Air holiday package with us

If you book an air package holiday with us, then we will provide you with financial protection in accordance with this clause. The Package Travel, Package Holidays and Package Tours Regulations 1992 (“Package Travel Regulations”) require us to provide security for the monies that you pay for the package holidays offered by us directly as your tour operator and booked by you, and for your repatriation in the event of our insolvency. We provide this security by way of an ATOL.

The price of our air holiday packages includes the amount payable per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in the price for your air package holiday confirmed to you at your time of booking.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used and details of these will be supplied to you at the time of booking. You will be advised of the specific airline operating your flight and aircraft type with your flight ticket confirmation and flight schedules. Any changes to the actual airline after you have received your ticket confirmation will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. A change of airline, aircraft type or alteration of your outward/return flights by less than 12 hours is deemed to be a minor change.

If you book arrangements with us other than an air holiday package or a package holiday that doesn’t include flights where we are the principal supplier, or an ATOL protect flight-only, the financial protection referred to above does not apply. Any financial protection given in connection with your booking otherwise than in accordance with this clause will be detailed in the relevant Supplier Terms.

Other tour operators’ packages

Where you book a package with a tour operator through us, then we act as an agent for those suppliers, who contract with you directly under the Supplier Terms. In this instance, you will receive financial protection from the relevant tour operator for the package you have booked, including any relevant ATOL protection if you have booked a flight-inclusive package. Details of the tour operator’s financial protection mechanisms will be confirmed to you through the booking process.

Single elements booked through us, acting as agent

Where we book single travel services for you, whether they are protected against financial failure will depend on what you have booked. Where you have booked accommodation or tour services only, this will not have any specific financial protection.

Where we sell a flight only to you, if the flight provider is the holder of an ATOL granted to it by the CAA then, accordingly, should the ATOL holder become insolvent, the CAA shall ensure that you are either refunded the money paid for the flight, or ensure that you are repatriated if you are already abroad.

If we are only providing you with a flight with a flight provider who is not an ATOL holder (for example, the provider of scheduled flights), then we will issue airline tickets in our capacity as an IATA (International Air Transport Association) agent. This means that we will issue you with an airline ticket (under our ticketing authority of that airline) and settle sums payable through our back office systems.

5. Prices and payment

We reserve the right to alter the prices of any of the travel arrangements quoted by us. You will be advised of the current price of the holiday that you wish to book before your Booking Conditions are confirmed.

When you make your booking with us, you may be required to pay a deposit or make full payment for your booking at the time of booking. Full details will be advised at the time of booking. Where you only pay a deposit you must pay the full balance of the price of your booking by the balance due date notified to you. If the deposit and/or balance are not paid in time, we reserve the right to cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.

When we are acting as agent for other principal(s) or supplier(s) if full payment is not received by the balance due date we will notify the principal(s) or supplier(s) who may cancel your booking and charge cancellation fees as per the Supplier Terms.

We regret that no credit or refund is possible for any unused services provided in the cost of your travel arrangements. If you decide to alter your travel arrangements whilst abroad, this is your own responsibility and we are not responsible for any extras or difficulties that may arise with onward travel and as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents which could be the subject of a claim on your insurance. The provisions of this clause do not apply when we are acting as agent for other supplier(s) or principal(s) and any terms relating to price changes in such circumstances will be set out in the relevant Supplier Terms.

When we are acting as agent for other supplier(s) or principal(s) then we shall be entitled to charge the fees set out in our quotation and the Supplier Terms. Please ask for further details.

Taxes

We will collect all mandatory taxes from you. However, some countries may charge additional departure, hotel or other taxes that must be paid locally. We advise you to retain sufficient local currency to meet these charges.

Payment by debit and credit card

Unless otherwise indicated to you, we accept most major debit and credit cards. You authorise us to charge all amounts payable by you in relation to the travel arrangements provided to the card designated by you. If payment is not received from the issuer for any reason, you agree to pay us all amounts due immediately on demand. You further authorise us to charge any applicable credit card fees.

Payment by cheque

Cheques should be made payable to The Travel Division Ltd and must be drawn in pounds sterling only. We require ten (10) working days for cheques to clear, so please confirm with us that there is sufficient time for your cheque payment. You agree not to stop payment of the cheque even when you cancel a booking, and you also agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any cancellation fees, before refunding any balance to you.

Payment by bank transfer

If you are paying by bank transfer, you will need to make the payment at least three (3) business days prior to the actual due date. You must notify us of your payment once it has been made.

Please note that all payments must be made in cleared funds before your booking can be confirmed.

6. If you change your booking

If, after our confirmation invoice has been issued to you for travel arrangements to be provided by us, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £100 and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.

Certain travel arrangements (e.g. Advance Purchase Excursion Fare “APEX” tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

The provisions above do not apply when we are acting as agent for other supplier(s) or principal(s) and any terms relating to changes to your booking in such circumstances will be set out in the relevant Supplier Terms. Where we incur any liability for a supplier or principal change or cancellation, you agree to compensate us for the amount of that fee.

7. If you cancel your travel arrangements

You, or any member of your party, may cancel your flight-inclusive package, accommodation only or any other travel or concierge package with us at any time by serving written notification from the person who made the booking or your travel agent on your behalf which must be received at our offices. Cancellations are effective on the day they are received by TTD. Since we
incur costs in you cancelling your travel arrangements, the following cancellation charges will be payable (except where otherwise indicated), depending upon the number of days prior to departure TTD receives your notice of cancellation:

For peak times of year or for certain products, stricter cancellation terms may apply.

Flight only or group or individual flights are 100% non-refundable and non-changeable from the time of booking unless we advise you otherwise. If you require more flexibility in your flight arrangements, please let us know at the time of booking.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Further, if your cancellation policy is different than noted herein, TTD shall expressly notify you in your booking confirmation.

If you cancel or amend your booking for your travel arrangements when you are booking under Supplier Terms, then the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Supplier Terms (which may be 100% of the cost of the travel arrangements) and you must pay us this cancellation or amendment charge on demand from the Supplier irrespective of the cancellation terms set out in these Booking Conditions. Therefore, we would draw your attention to the cancellation provisions in the Supplier Terms as you must pay the cancellation charges set out therein. Please ask for a copy should you require. Please note that if you have been notified of any other cancellation terms, whether by email or in any other communication sent by us, these will apply and prevail to the extent of any inconsistency with the cancellation terms set out in these Booking Conditions.

Any refunds will only be made available to the person named on the booking confirmation invoice, unless otherwise agreed in writing by all travellers listed on a booking.

If you do not check in on any confirmed flight, the airline will register you as a ‘no show’ and your tickets may be cancelled by the airline. If you do not intend to check in for a confirmed reservation, please contact us as soon as possible. Note that TTD shall be under no liability whatsoever to you or any travellers for a failure to arrive and shall be under no obligation to make alternative arrangements, unless otherwise stated.

Re-booking following a cancellation

Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these Booking Conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any sums already paid becomes due.

8. If we change or cancel your travel arrangements

“Force Majeure” means any unusual, unforeseeable or extraordinary circumstances beyond our control, including (but not limited to) an act of God, war (whether declared or undeclared), terrorism, riot, accident, natural or nuclear disaster, outbreak of disease, epidemic, pandemic, quarantine restrictions, industrial dispute, fire, adverse or severe weather conditions, technical fault or other event or circumstance beyond our control that contributes to or results in cancellation rates above our historical cancellation rates. In the absence of such event or occurrence, TTD reserves the right to issue a credit to you for use against a future TTD travel arrangements in lieu of a refund to you as detailed in these Booking Conditions, but this does not affect your statutory right to a refund if requested.

When we are acting as principal for bookings made by you for air package holidays with us, we may need to make changes to your travel arrangements, although this is unlikely. We do plan the arrangements many months in advance and occasionally we may have to make changes and we reserve the right to do so at any time.

Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than four (4) weeks before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you may either receive a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.

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 a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard.

If we make a major change to your travel arrangements, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed in the table below.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of a Force Majeure event (as defined above):

9. Travel insurance and FCO advice

For all travel, we strongly recommend that you take out appropriate travel insurance to cover your travel arrangements. The Foreign and Commonwealth Office (“FCO”) also recommend this and it is your responsibility to ensure you have valid travel insurance, which covers you appropriately. We will not be liable for any loss to you in respect of this.

The FCO may have issued information about your travel destination, so we strongly advise you to go to www.fco.gov.uk to find out more about your destination prior to the commencement of your travels.

10. Health and special requirements

You must ensure you are aware of any health requirements and recommended precautions relevant to your travel and ensure that you carry all necessary documents. In some cases, failure to present any required vaccination documentation may deny you entry into a country or invalidate your travel insurance cover. We recommend that you consult with your doctor or specialist clinic before travelling.

Please also liaise with us regarding any special requirements you may have for your travel arrangements such as disabled access. Please understand that travel service providers may not be able to accommodate every single request.

11. If you have a complaint

When you have booked a holiday with us, we will deal with any complaints you may have in accordance with this clause. If you have a problem during your holiday, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at The Travel Division Ltd, Millbank House, 171-185 Ewell Road, Surbiton, Surrey KT6 6AP, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to your TTD representative while on your travel arrangements.

If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on your travel arrangements and this may affect your rights under these Booking Conditions.

If you are not booking with us for travel arrangements where we are your agent, any queries or concerns relating to the travel arrangements should be addressed to the relevant principal(s) or supplier(s). If you have a problem whilst on your travel arrangements, this must be reported to the principal(s) or supplier(s) or their local supplier(s) or agent(s) immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal(s) or supplier(s). You will see the name and address plus contact details in any confirmation documents we send you. If you require assistance with this, please contact us.

12. Our liability to you

When you have booked travel arrangements with us directly (and we are the principal) and if the contract we have with you is not performed or is improperly performed by us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements, as detailed further below. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall; or any other Force Majeure event as defined in these Booking Conditions.

TTD shall not be liable for any additional charges incurred in relation to any delay, deviation, cancellation or any other change in relation to your travel arrangements as a result of any decision, outcome or policy pursuant to any decision regarding ‘Brexit’ or any decision based on the United Kingdom leaving the European Union. You shall indemnify us against any loss, damage, liabilities costs or expenses of whatsoever nature caused to suffered or incurred by us and our officers or employees arising out of any decision, outcome or policy of Brexit or the United Kingdom leaving the European Union.

Notwithstanding any contrary provisions, TTD shall not be liable for any additional charges incurred in relation to any delay, deviation, cancellation or any other change in relation to your travel arrangements as a result of or in connection with COVID-19. You shall indemnify us against any loss, damage, liabilities, costs or expenses of whatsoever nature suffered or incurred by us and our officers or employees arising out of COVID-19.

Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:

· The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into these Booking Conditions; and

· Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

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 travel arrangements cost from us. Your right to a refund and/or compensation from us is set out above if we cancel or change your travel arrangements. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. For the avoidance of doubt, TTD is not liable for compensation payments under this legislation.

In the unlikely event of your flight services being subjected to lengthy delay, arrangements for meals, overnight accommodation, etc., should be met by your airline. Conditions of carriage applicable to the relevant airline for your booking are available on request.

Please note that the order of events on itineraries is subject to alteration due to local circumstances, unscheduled closures etc. However, every effort will be made to include all elements of the program during the tour dates or a suitable alternative, which will be notified to you.

The provisions of this liability clause do not apply when we are acting as agents for other supplier(s) or principal(s) and any terms relating to liability in such circumstances will be set out in the relevant Supplier Terms.

13. Our responsibilities

Local regulations

TTD accepts responsibility for ensuring that all elements of your travel arrangements are as described in the quotation and are of a reasonable standard. Local laws and regulations of the relevant country will be relevant in assessing performance of the services included in TTD’s travel arrangements. In the event of a complaint, these Booking Conditions will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of England and Wales have not been met. If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non-performance or improper performance of any service which TTD is contractually obliged to provide, then TTD’s liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified by the UK, or any particular convention which may be applicable by the operation of UK law. Assistance at resort

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on your travel arrangements are not part of your air package holiday or flight exclusive package provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We 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.

Schedule changes

All departure and arrival times on your flight ticket are provided by the airline and are estimates only. They may change due to air traffic control restrictions, weather conditions or operational requirements. We recommend that you contact the airline or visit their website to confirm timings. In the event of a schedule change, failure to reconfirm any sector of your itinerary may result in you needing to purchase a new flight.

Performance of flights

TTD is not an air carrier and therefore has no responsibility for the performance or otherwise of any flight.

Any refusal by an airline to carry a traveller shall be at the sole discretion of the airline. Note that all ground and operating personnel, including cabin staff, are authorised to take orders only from the airline.

14. Accommodation

When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, to cause or to be likely to cause danger, upset, harassment or distress to anyone else or damage to other persons or to property. No refund will be given in the event of you, or any member or your party, being requested to leave accommodation in such circumstances.

Furthermore, we shall be under no obligation whatsoever to pay compensation to you or any member of your party, or meet any costs or expenses (including but not limited to alternative accommodation) you, or any member of your party, may occur as a result of your stay being terminated due to reasons under this clause.

If you, or any member of your party, cause damage to the accommodation in which you are staying or to any property of suppliers of tours, excursions or other elements of your travel

arrangements, you must fully reimburse the accommodation provider or relevant supplier concerned for the cost of the damage before the end of your travel arrangements (if the cost has been established by then), or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any relevant supplier or third party as a result of such damage caused.

Breakages deposit

We reserve the right to ask you to pay a breakages deposit in respect of any travel arrangements booked with us where our suppliers request breakages deposits are payable and we will notify you of details of such breakages deposits at the time of your booking. If you do not pay any required breakages deposit, then we reserve the right to refuse to take your booking, although we will endeavour to agree alternative arrangements with you, which will be confirmed at the time of booking and included in your Booking Conditions for the booking made by you.

If we have agreed with you that the breakages deposit will be made by taking details of your credit/debit card for the agreed sum and will only be payable if breakages are caused by you, or a member of your party, and we are required to make payment to the supplier for any such breakages, then you authorise TTD to take such agreed payment sum. We will notify you in writing if we are required to take such payments.

Villa and yacht rentals

If you rent a villa or yacht through us, TTD will be acting solely as agent, and the applicable Supplier Terms shall apply in addition to the provisions of these Booking Conditions.

At the expiration of a rental period, you shall depart the villa or yacht, its equipment and furnishings, free and clear of any indebtedness, in as good condition as when delivery was taken. You warrant that you shall not use the villa or yacht for any unauthorised purposes and you shall at all times comply with applicable laws.

If the villa or yacht is not re-delivered at the expiration of a rental period, you will be charged additional fees, costs and demurrage, and you agree to indemnify and hold harmless us and any third parties or suppliers from any and all liability for loss or damage attributable to your non-delivery of the villa or yacht following expiration of the rental period. You further agree to indemnify us from any other loss, liabilities and costs arising out of your acts or omissions resulting from your stay in the villa or yacht.

You will need to determine whether any insurance coverage and applicable deductibles are adequate and appropriate for your stay in the villa or yacht, and if necessary, arrange for additional coverage.

You agree that TTD has no liability whatsoever for the acts or omissions of the villa or yacht owner and TTD shall have no liability as regards to any recommendation associated in the procurement of the villa or yacht owner.

15. Your information and travel documents

Once you have confirmed your details (and those of your party) with us, we will proceed to confirm the booking with us (or if acting as an agent, we will book your travel arrangements with the relevant principal(s) or supplier(s)). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated above where you change your booking. Please ensure that the names given are the same as in the relevant passport. An incorrect name on a booking may result in an inability to travel on that booking and the booking being cancelled.

All documents (e.g. invoices/tickets/insurance policies) will be sent to you by email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our gross negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to applicable charges.

Please ensure that all your travel, passport, visa and insurance documents are valid and in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.

You shall be solely responsible for ensuring that you and your baggage arrive at the specified check in point at the departure airport in sufficient time to be carried on any flight and that all passengers possess all required identity documents, visas and other documents required by the states of departure, travel and arrival of the flight for the transportation of them and their baggage. If you fail to arrive in sufficient time to be carried on the flight or comply with any of the aforementioned, TTD shall be under no liability whatsoever to you.

Frequent flyer

When booking with us, please let us know your frequent flyer membership details (or other applicable loyalty program details) so this can be included in your booking. Please check your applicable loyalty program for the specific terms of your membership. We cannot guarantee that any travel service provider will credit you with points for your booking.

16. Money not held on trust

You agree and acknowledge that monies paid by you to us will not be held on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.

17. Data protection

We are committed to protecting your personal information and will process your personal information in accordance with our Privacy Notice, available online at https://www.aircharter.co.uk/legal-and-privacy-policy. Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation, which arise in connection with these Booking Conditions. By providing your personal information to us, you agree that our Privacy Notice will apply to how we handle your personal information, and those persons included in your booking, and you consent to us processing such personal information as detailed therein.

International transfers

Save as expressly set out in these Booking Conditions, only the necessary booking information that you provide to us will be passed on to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.

You hereby authorise TTD to retain and use personal data and transmit internationally to TTD’s authorised agents, government agencies, or other third parties when required. If you travel outside the European Economic Area (“EEA”), controls on data protection may not be as strong as the legal requirements in the UK. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking.

Where we need to disclose your personal information outside of the EEA, you agree that this is at your risk and we will not be liable or accountable for how those recipients handle your personal information. We encourage you to review the privacy notices of any third party service provider whose services we arrange on your behalf. Please let us know if you have any objections to your personal information being disclosed.

18. Confidentiality and non-solicitation

The parties agree to keep confidential the contents of these Booking Conditions and any confidential information relating to TTD or you, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law.

You agree to not directly or indirectly contact the supplier of your travel arrangements for the purposes of these Booking Conditions.

19. Governing law and severance

These Booking Conditions are made on the terms set out herein, which are governed by English Law, and the jurisdiction of the English Courts.

Each provision of these Booking Conditions is severable and distinct from the others and if any provision, or paragraph of one provision, is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances, be deemed not to form part of these Booking Conditions but the validity, legality and enforceability of that and all other provisions, or other paragraphs of such provision, of these Booking Conditions shall not be affected or impaired, it being the parties intention that every provision of these Booking Conditions shall be and remain valid and enforceable to the fullest extent permitted by law.

20. Third party rights

No one other than a party to these Booking Conditions, their successors and permitted

assignees, shall have any right to enforce any of the terms of these Booking Conditions, including under the Contracts (Rights of Third Parties) Act 1999.

21. Survival and binding effect

All indemnities contained within these Booking Conditions shall survive the termination of these Booking Conditions, howsoever arising.

All of the terms and provisions of the Booking Conditions, including any applicable Supplier Terms, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their representatives, heirs and permitted assigns. Any rights given or duties imposed upon the estate of a deceased party shall inure to the benefit of and be binding upon the fiduciary of such decedent’s estate in his fiduciary capacity.

22. Electronic acceptance

You agree that any electronic signature or other form of electronic acceptance which is used for accepting these Booking Conditions (whatever form the electronic signature or acceptance takes) is as conclusive of your intention to be bound by these Booking Conditions as if signed by manuscript signature.

23. EU Community List

We bring to your attention the following Community List which comprises a list of air carriers that are subject to an operating ban within the EU: https://ec.europa.eu/transport/sites/transport/files/air-safety-list_en.pdf.

These terms were last updated on 8 March 2021.