1.1 SCOPE OF THIS POLICY
Travel Day Limited ("Travel Day", or "we", "us"), whose registered office is at 10 Coped Hall Business Park, Royal Wootton Bassett, Wiltshire, SN4 8DP and any of its trading names.
1.2 OUR PRIVACY PROMISE
- To keep your data safe and private
- Not to sell your data
- To give you ways to manage and review your marketing choices at any time
1.3 HOW THE LAW PROTECTS YOU
As well as our Privacy Promise, your privacy is protected by law.
Data Protection law says that we are allowed to use personal information only if we have a proper reason to do so. This includes sharing it outside Travel Day Limited. The law says we must have one or more of these reasons:
- To fulfil a contract we have with you, or
- When it is our legal duty, or
- When it is in our legitimate interest, or
- When you consent to it.
A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.
1.4 POLICY UPDATES
We comply with the principles of the Data Protection Act 1998 and aim to maintain best-practice standards in our processing of personal and/or sensitive personal data. Furthermore, this notice sets out most of your rights under the new laws which will come into effect on the 25 May 2018. We'll update it again between now and 25 May 2018 when these changes come into effect.
2. ABOUT US
2.1 WHO WE ARE
We are Caribbean Classics, a trading name of Travel Day Limited, a company incorporated in England and Wales under company number 05415265. Our registered address is Unit 10 Coped Hall Business Park, Royal Wootton Bassett, Wiltshire, SN4 8DP.
2.2 WHO IS THE DATA CONTROLLER?
2.3 HOW TO CONTACT US
FAO: The Data Protection Officer
Travel Day Limited,
Unit 10 Coped Hall Business Park,
Royal Wootton Bassett,
3. WHAT INFORMATION DO WE COLLECT ABOUT YOU?
The type of information we collect about you depends on the nature of your interactions with us. Depending on the circumstances, we collect any of the following:
- Details about you. Your name, email address, address, telephone number, date of birth, your hotel room preferences, loyalty membership details, frequent flyer membership details, payment details, meal and other travel preferences or dietary requirements and, if necessary, information about your health to the extent that it's relevant to your fitness to fly, your holiday itinerary or to provide you with special assistance;
- Identification documents. If you are travelling on a route requiring Advance Passenger Information, your passport or identity card details including your passport number, the country in which your passport was issued and the expiry date;
- Details about the services you arrange with us. Your travel details, including details of your travel itinerary, where you are flying from and to, your booking information, any onward travel details if relevant (for example if you need our assistance for a connecting flight, if you've booked transportation or a tour with us), details of experiences or excursions booked through us, your baggage requirements, any upgrade information, your lounge visits, seat preferences, meal preferences or requirements, details of any special assistance you might need from us and any other information relevant to enable us to provide you with the travel or other services that you've arranged with us;
- Your interactions with us. Information about your interactions or conversations with us and our people, including when you make enquiries, comments, complaints or submit feedback to us (whether formally via email or simply verbally to our people); and
- Your use of our systems and services. Details of the way in which you use our website, call centres and/or social media pages (please see the "OUR WEBSITE, AND COOKIES" section below for further details).
4. HOW WE COLLECT INFORMATION ABOUT YOU?
How we collect information about you will depend on how you interact with us and what services you arrange with us. Depending on the circumstances, we collect information in any of the following ways:
- When you browse our site or mobile application;
- When you book or search for a holiday or other service (such as a holiday or hotel) via our site, or our call centre;
- When you fill in part of the booking information on our site but do not complete the booking;
- When you contact us via our call centres, post, email or instant messenger;
- When you sign up to receive email updates, participate in any of our competitions, promotions (for example via any social media channels, email or our site), surveys or market research;
- When you provide us with information about an accident, illness or incident that occurred in connection with your holiday; and/or
- When you make a complaint via a third party (such as an airline or hotel).
5. IN WHAT CIRCUMSTANCES DO WE NEED TO COLLECT YOUR SENSITIVE INFORMATION?
In certain circumstances, we will collect information that is deemed sensitive. This is most likely to include:
- Information about your health (for example if you ask us to provide you with special assistance during your holiday, or to determine your fitness to fly, or if you specify a meal preference that indicates a medical condition such as celiac disease); and/or
- Information about your religion (for example if you specify a meal preference that indicates a particular religion such as a kosher or halal meal).
We seek to limit any sensitive personal data that we collect and, unless we have other specific lawful reasons to use this information (such as in an emergency situation), we will ask for your consent to collect it.
6. HOW WE USE YOUR INFORMATION
6.1 FOR WHAT PURPOSES DO WE USE YOUR INFORMATION?
We'll use your information for a variety of different purposes, some of which will depend on the services that you engage us for. This includes:
- To manage your booking with us. We will use your information to provide you with any services that you request or purchase from us. This includes booking your flight, cruise or hotel, arranging a tour, transportation or car hire, and issuing you with your tickets (on the basis of performing our contract with you), and providing you with any special assistance (where you provide your consent);
- To send you service communications and support services. We will use your information to send you any communications relevant to the services you've requested or purchased from us. This includes sending you an email to notify you of changes to your itinerary, or providing you with a voucher, ticket or e-ticket. We will also provide you with customer service and support, deal with your enquiries, scheduling changes, complaints, comments or observations shared with us (on the basis of performing our contract with you or on the basis of our legitimate interests to provide you with customer service);
- To send you marketing communications. We will use your information to keep you up to date with the latest news, events, offers, sales, promotions and competitions that we think might be of interest or relevant to you (either on the basis of your consent where we have requested it, or our legitimate interests to provide you with marketing communications where we may lawfully do so) (please see the "MARKETING" section below for more information);
- To provide assistance with online bookings. We collect your information when you fill in the required fields of our online booking forms but do not complete your booking or transaction in order to offer our assistance in case you are experiencing difficulties with our website (where we have your consent to do so);
- To personalise your customer experience. We use your information to provide you with a more personalised service. For example, tailoring the communications that we send to you with your preferred destinations, serving you only with advertising that we think you might like and/or enhancing your holiday experience (on the basis of our legitimate interests to present you with the right kinds of products and services);
- To improve our customer service. We may record calls to our call centre and/or monitor calls for the purposes of improving our customer service, ensure quality assurance, training, security and for general business purposes (on the basis of our legitimate interest in improving our customer service);
- To optimise our websites. If you use our websites, we will use your information to ensure that the content from our websites are presented in an effective manner for you and your device, to provide you with access to our website in a manner that is effective, convenient and optimal, and to provide you with content that is relevant to you, using site analytics and research and in certain circumstances combining that with other information we know about you (on the basis of our legitimate interests to operate and present an effective and convenient website to our website users);
- To ensure security and protect our business interests. In certain circumstances, we use your information to ensure the security of our services, buildings, and people, including to protect against, investigate and deter fraud, unauthorised or illegal activities, systems testing, maintenance and development (on the basis of our legitimate interests to operate a safe and lawful business or where we have a legal obligation to do so);
- To conduct research. We use your information to carry out aggregated and anonymised research about general engagement with our services and systems, or if you choose to participate in customer surveys, consumer focus groups and research (on the basis of our legitimate interests to improve our products, services and customer service); and
- To comply with our legal obligations. In certain circumstances, we will need to use your information to comply with our legal obligations, for example to comply with any court orders or subpoenas (on the basis of our legitimate interests to comply with a legal obligation).
6.2 ON WHAT GROUNDS WILL WE PROCESS YOUR INFORMATION?
We will use your information for the purposes listed above, either:
- For the performance of your contract with us and the provision of our services to you;
- To comply with a legal obligation we have;
- For our legitimate interests (we explain what we mean by this below);
- To protect your vital interests;
- With your consent;
- For establishing, exercising or defending legal claims; and
- For reasons of substantial public interest.
6.3 WHAT DO WE MEAN BY "LEGITIMATE INTERESTS"?
As outlined above, in certain circumstances we may use your personal information to pursue legitimate interests of our own or those of third parties, but this is provided your interests and fundamental rights do not override those interests. By "legitimate interests" we mean our interests in conducting and managing our business activities and to ensure that we are guaranteeing the best service and experience for you and our customers. This involves:
- Using your information to protect you against fraud when you transact on our site, and to ensure that our systems and sites are secure;
- Determining the effectiveness of our site / tools / services and improving the security and optimisation of our network, sites and services;
- Confirming information that you provide to us in a CV or application, by reference to past employers and/or publicly available employment or business profiles;
- Personalising, enhancing, modifying or otherwise improving the services and/or communications that we provide to you, such as sending you marketing and serving you with advertising that is relevant and likely to be of interest to you; and/or
- Detecting, monitoring and preventing fraud or other unlawful acts, and operating a safe and lawful business.
Where we use your information for our legitimate interests, we make sure that we take into account any potential impact that such use may have on you. Our legitimate interests don't automatically override yours, and we won't use your information if we believe your interests should override ours unless we have other grounds to do so (such as when we have your consent, or we have a legal obligation to use your information in that way). If you have any concerns about our processing, please refer to details in "YOUR RIGHTS" section below.
As we outline in "YOUR RIGHTS" section below, from 25 May 2018 you will have the right to object to our using your information for our legitimate interests. However, please keep in mind that your objection to this sort of processing may affect our ability to carry out the tasks that we have set out above.
7. WHO WE SHARE YOUR INFORMATION WITH
In connection with the purposes and on the lawful grounds described above, we share your personal information with the following third parties:
- Third party suppliers that we work with to provide your booking and our other services to you. This includes for example: airlines, hotels, transport companies, excursion providers, airport authorities, insurance companies, car hire companies, ground handling agencies, and cruise companies;
- Other third party suppliers that we work with in connection with our business. We share your information with third party suppliers that provide us with services in connection with our business and the provision of our services to you. This includes for example: marketing agencies and/or companies that run our marketing campaigns, IT developers, service providers and hosting providers, third parties that manage promotions or competitions that we may run, advertising providers and networks, ground agents, site analytics providers, medical service providers and credit card screening companies;
- Airports, immigration / border control and/or other government authorities. Some destinations require airlines, cruise lines and tour operators to provide "Advance Passenger Information" about you to the border/immigration authorities of the country of your travel destination. Advance Passenger Information comprises the basic information contained in your passport that you would be required to present on your arrival. In addition, laws in certain destinations such as the USA and other countries require airlines to provide certain additional advance information about you and your travel arrangements. We will provide this information where we are required to do so.
- Courts or advisors. We share your information with other third parties (including legal, accountants or other advisors, regulatory authorities, courts and government agencies) where necessary to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law; and
Where we do share your information with third parties, we will require them to maintain appropriate security to protect your information from unauthorised access or processing, unless we have no ability to do so (for example, where we are sharing information with border agencies or enforcement authorities).
8.1 WHEN YOU'LL HEAR FROM US
We will keep you up-to-date with our latest holidays, offers, sales, promotions, competitions across all Brands offered by Travel Day Limited that we think might be of interest/relevant to you if you have indicated that you are happy to receive marketing communications from us - that is, if you have:
- Purchased services such as a holiday from us and have not told us that you don't want to hear from us; or
- Signed up to receive marketing communications from us and have not later told us that you don't want to hear from us.
8.2 OPTING OUT OF OR WITHDRAWING YOUR CONSENT IN RELATION TO MARKETING
If you no longer want to hear from us, you can opt out or unsubscribe by:
- Following the "unsubscribe" link contained in any marketing communications that you receive from us;
8.3 THIRD PARTIES AND MARKETING
We might rely on third parties to help us manage our marketing communications, but we won't share your information with any third parties for their marketing purposes.
9. OUR WEBSITE AND COOKIES
9.1 WHAT WE COLLECT WHEN YOU INTERACT WITH OUR SITES AND APPS
As you may already know, most websites collect certain information automatically in log files about the way in which you interact with them. This might include your IP address, geographical location, device information (such as your hardware model, mobile network information, unique device identifiers) browser type, referral source, length of visit to the site or app, number of page views, the search queries you make, and similar information.
This information will be collected by us or by a third party site analytics service provider and will be collected using cookies.
As we've described above, we use this information to save your settings, such as the last holiday you searched for so you can find it easily the second time, give you access to more great features on our website, help improve our functionality and services, run diagnostics, analyse trends, track visitor movements, gather broad demographic information and personalise our services.
9.2 WHAT DO WE MEAN BY "COOKIES"?
Cookies are small amounts of information in the form of text files that we store on the device you use to access our site or our marketing communications. Cookies allow us to monitor your use of our services and improve them. For example, a temporary cookie is also used to keep track of your "session". Without that temporary cookie you will not be able to purchase holidays or other services via our site.
If you don't want cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings, please consult the "Help" section of your internet browser or visit http://www.aboutcookies.org. Please note that if you do set your Internet browser to reject cookies, you may not be able to access all of the functions of the website.
10. YOUR RIGHTS
10.1 OVERVIEW OF YOUR RIGHTS
You have certain rights in respect of the personal information that we hold about you, including:
- The right to ask us not to process your information for marketing purposes;
- The right to request access to the information that we hold about you;
- The right to request that we correct or rectify any information that we hold about you which is out of date or incorrect;
- In certain circumstances, the right to ask us to stop using information about you; and
- The right to lodge a complaint about us to the UK Information Commissioner's Office (https://ico.org.uk/) or the relevant authority in your country of work or residence.
Please note that we reserve the right to retain certain information for our own record-keeping (for example, to ensure that you do not receive marketing communications that you have opted-out of receiving) and to defend ourselves against any claims. We may also need to send you service-related communications relating to the services that we provide to you even when you have requested not to receive marketing communications.
10.2 SOME UPCOMING NEW RIGHTS FROM 25 MAY 2018
From 25 May 2018, you will have certain additional rights in respect of the information that we hold about you, including:
- The right to withdraw consent that you have provided to us to use your personal information (refer to paragraph 6 to see when we are relying on your consent and for further information on your rights connected with consent please click here);
- The right to object to our using your information on the basis of our legitimate interests (see paragraph 6 above to see when we are relying on our legitimate interests) (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground; and
- The right to receive a copy of any information we hold about you (or request that we transfer this information to another service provider) in a structured, commonly-used, machine-readable format, in certain circumstances; and
- The right to ask us to limit or cease processing or erase information we hold about you in certain circumstances.
10.3 HOW TO EXERCISE YOUR RIGHTS
- Contacting us. You can exercise your rights by contacting us using the details in the "About Us" section above, or by checking the applicable boxes on forms that we use to collect your information, or to tell us that you don't want to participate in marketing.
- Updating your own details. Alternatively, if you'd prefer not to contact us, you may be able to do it yourself depending on the nature of your request. For example:
- You can update the details we hold about you by logging into your booking via the "Manage your booking" tab on our site and following the instructions to edit your details, or contact us to change details of your booking; and
- If you wish to remove your information from our marketing circulation lists, which include receiving marketing emails, you can unsubscribe by scrolling to the bottom of the email and clicking the "unsubscribe" link.
- We will comply with your requests unless we have a lawful reason not to do so.
10.4 WHAT WE NEED FROM YOU TO PROCESS YOUR REQUESTS
Please be aware that we may need you to provide additional information (such as to confirm your identity and/or to confirm what information you wish to access) in order to process your request.
11. WHERE IS YOUR INFORMATION?
11.1 OUR SERVICE PROVIDERS AND SUPPLIERS
A list of the countries outside of the EEA to which we may transfer your personal information are as follows: -
- United States of America
- Antigua and Barbuda
- St Lucia
- Grenada (Caribbean)
- St Kitts & Nevis
- Trinidad and Tobago
- Turks & Caicos Islands
- Dominican Republic
- Sri Lanka
11.2 DESTINATION TERRITORIES
As we outline above, in certain circumstances, we are required to share information about you with immigration or other government authorities before we can deliver you to your destination.
12. HOW WE LOOK AFTER YOUR INFORMATION
12.1 OUR SECURITY MEASURES
We strive to constantly keep our security practices under review to make sure that we're keeping your information as safe as possible. We use a variety of different technical and operational security measures to protect your information against unauthorised access or unlawful use. For example, we:
- Ensure the physical security of our offices, warehouses and other sites;
- Ensure the physical and digital security of our equipment, devices and systems by mandating appropriate password protection, encryption and access restrictions;
- Ensure appropriate access controls so that access to your information is only granted to those of our people that need to use it in the course of their work;
- Carry out regular penetration testing of our systems and third-party reviews of our software; and
- Maintain internal policies and deliver data protection and confidentiality training to make sure our people also understand their responsibilities in looking after your information and commit to taking appropriate measures to enforce these responsibilities.
12.2 HOW YOU CAN HELP ENSURE THE SECURITY OF YOUR INFORMATION
You can also play a part in helping to keep your information safe. Here are a few useful starting points:
- Choose strong passwords and change them regularly;
- Keep your booking references and passwords confidential, and avoid sharing them with anyone else or using your password for multiple accounts;
- Keep your devices protected by ensuring that you're using the latest version of your operating system and have suitable anti-virus software, if applicable; and
- Be alert to any fraudulent emails that may appear to be from us, but aren't. If you receive an email that appears to come from us but that you think may be fraudulent, please forward it to firstname.lastname@example.org and we will be happy to advise.
12.3 LINKS TO OTHER SITES AND RESOURCES
13. HOW LONG DO WE KEEP YOUR INFORMATION FOR?
We keep your information for as long as is reasonably necessary to enable us to provide you with the services that you have requested from us, to comply with any legal obligations that require us to keep information, or for as long as we reasonably require for our legitimate interests, including for example for the purposes of exercising our legal rights or defending ourselves against claims. We operate a data retention policy and look to find ways to reduce the amount of information we hold and the length of time that we need to keep it. For example:
- We try to adopt a paperless approach wherever possible and securely destroy any paper correspondence we receive on a regular basis unless we are required to retain it for evidential or legal purposes; and
- We retain a suppression list of individuals who no longer wish to be contacted by us indefinitely. We need to keep this information to comply with their wishes not to contact them
14.1 NOT HAPPY?
However, if you'd still like to make a formal complaint or have concerns regarding the ways in which we use your information, you can contact the Information Commissioner's Office (also known as the "ICO"). The ICO is an independent authority and the UK's supervisory authority for information rights.
You can register your concerns on the ICO site at https://ico.org.uk/concerns/handling/.
Booking Terms & Conditions
1. ACCEPTANCE OF TERMS
Your access to and use of the Travel Day Limited ("the Company") websites - www.caribbeanclassics.co.uk, weddings.caribbeanclassics.co.uk, www.holidayusa.co.uk, www.luxuryindianocean.co.uk, www.thevegasweddingcompany.co.uk - ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
The Company reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Company shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to the Company or otherwise used by the Company as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 The Company makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company or that of its employees or agents.
You agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Travel Day Limited, whose registered office is at 10 Coped Hall Business Park, Royal Wootton Bassett, Wiltshire, SN4 8DP. These Booking conditions govern all bookings with the Company and any of its trading names. A contract will only exist once the Company has received payment (deposit or in full) and a Booking Advice had been issued. Our on-line booking services are only available to persons over the age of 18. By booking with the Company you confirm to us you comply with these rules.
11. PAYMENT - Hotel Only/Holiday Homes/Villas Only/Transfers/Trips/Car Hire
The Company requires full payment for all products and services at the time of booking unless your booking is made in excess of 6 weeks in advance of your check in date. Where a deposit only payment is made, full payment is due a minimum of 42 days prior to check-in.
11.1 PAYMENT - Package Holidays
The Company requires full payment for all products and services at the time of booking unless your booking is made in excess of 12 weeks in advance of your booking date. Where a deposit only payment is made, full payment is due a minimum of 84 days prior to check-in.
11.2 PAYMENT - Attraction Tickets
The Company requires full payment for all products and services at the time of booking unless the product/service is in excess of 10 weeks in advance of your booking date Where a deposit only payment is made, full payment is due a minimum of 70 days prior to check-in.
11.3 ACCEPTED PAYMENT TYPES
On initial booking we accept UK registered personal debit cards, personal Visa credit cards, personal MasterCard and bank transfers. For balance payments (if using deposit options) we only accept UK registered personal debit cards or bank transfers.
12. ALTERATION or CANCELLATION for Hotel only bookings
Accommodation cancellation policy, unless otherwise stated on your Booking Advice: Greater than 43 days prior to check in, loss of deposit or in the case of full payment, £50 per person.
Premium dates of 1-Dec to 31-Dec and Easter the cancellation policy is 60 - 0 days prior to departure: 100%.
Appropriate fees may be applied depending on the requested change/cancellation. Please contact the relevant email address email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com with any cancellation/alteration request in relation to your booking.
12.1 ALTERATION or CANCELLATION for Package Bookings
When a deposit option has been paid and prior to full payment the cancellation/alteration fee will be loss of deposit unless otherwise stated on your Booking Advice. Once full payment has been made the cancellation fee is 100%. For cancellation terms applicable to charter airlines, please see note 12.2. Please contact the relevant email address as provided in 12. with any cancellation/alteration request.
12.2 ALTERATION or CANCELLATION for Package Bookings with Thomas Cook / Thomson flights (or any other Charter flight).
When a deposit option has been paid and prior to full payment the cancellation/alteration fee will be loss of deposit and the full balance is still required even in the event of full cancellation. Please contact the relevant email address as provided in 12. with any cancellation/alteration request.
13. ALTERATION by the Company
Occasionally, due to reasons beyond the Company's control, it may be necessary to amend the products and services you have booked with the Company. The Company will do its best to inform you of any such change as soon as possible prior to check-in or use of the product or service.
14. CANCELLATION by the Company
In the unlikely event that a booking has to be cancelled a full and prompt refund will be made of all monies paid to the Company less any insurance premiums and amendment fees. Please see note below regarding "Force Majeure".
15. FORCE MAJEURE
We regret we cannot accept liability or pay any compensation where we are forced to cancel, curtail, delay or in any way change your holiday or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to "force majeure". Such circumstances include war or threat of war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and all similar circumstances outside our control.
16. WHERE WE ACT AS AN AGENT
The Company acts as an agent for various suppliers whose products form part of your booking. The supplier's standard terms and conditions will apply to these products. When the Company is acting as an agent the booking advice and any travel vouchers will contain the supplier's details.
16.1 OUR LIABILITY TO YOU WHERE WE ACT AS AN AGENT
Subject to clause 18 the Company acts in all cases as an agent for suppliers of accommodation and other products featured on this Website.
The Company will endeavour to use reasonable skill and care in selecting suppliers of accommodation, flights, shows and other products featured on this Website.
However, subject to clause 18 below, where you have booked any goods, services, facilities or otherwise through the Company's Websites your contract will be with the supplier of those goods, services, facilities or otherwise and not with the Company. For example if you book a hotel through the Company your contract will be with that hotel and if you book a flight, your contract will be with the airline supplying the flight. In each instance, the supplier will have its own terms and conditions and they will apply to your contract. The Company cannot accept responsibility for any fault by the supplier or if there are problems with the performance of any contract that you arranged through this Website. For example the Company is not responsible for any flight delays or lost luggage, or for unavailable facilities at hotels. You should refer to the relevant supplier for a copy of their terms and conditions.
16.2 OUR LIABILITY TO YOU WHERE WE ACT AS A PRINCIPAL
Where the Company offers and sells Package Holidays (as defined by Regulation 2(1) of the Package Travel, Package Holidays and Package Tours Regulations 1992 ("the Regulations")) the Company acts as a principal and your holiday contract is with us. The terms of this clause apply to your Package Holiday but for the avoidance of doubt this clause does not apply to any holiday that is not a Package Holiday within the meaning of Regulation 2(1) of the Regulations.
Where you book a Package Holiday, the Company is liable for the proper performance of your holiday contract in accordance with Regulation 15 of the Regulations. the Company accepts responsibility and will pay you compensation if due to the fault of our employees, agents or suppliers, the Package Holiday is not as described on the Website but only if you can show that this has affected the enjoyment of your holiday. The Company is responsible for any damage caused to you by the failure to perform your holiday contract or the improper performance of the holiday contract unless the failure or the improper performance is due neither to the fault of the Company (including its employees) nor to that of an agent or supplier of services, because -
- the failures which occur in the performance of the contract are attributable to you;
- such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
- such failures are due to unusual and unforeseeable circumstances beyond the control of the Company, the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the agent or supplier of services, even with all due care, could not foresee or forestall.
The liability of the Company is in all cases other than those involving personal injury, illness or death limited to twice the cost of the Package Holiday that relates to the person or persons affected. The maximum amount will only be paid if you can show that you derived no benefit at all from your Package Holiday.
International Conventions may apply where you travel by aircraft, train, ship or coach as part of your Package Holiday. Should you or any of your party be injured, become ill, die or suffer any losses as a result of or during carriage by aircraft, train, ship or coach the liability of the Company is limited to the liability of the relevant carrier under the applicable International Convention. A copy of the Conventions that apply is available upon request. Should the Company make any payment to you or any member of your party as a result of personal injury, illness, death or other losses you agree to fully co-operate with the Company in seeking recovery of the payment from any third party as required by the Company.
17. STAR RATINGS
These are our own and are broadly in line with the UK understanding of star ratings and reflect the quality, comfort and facilities of the accommodation. You must not assume that a certain star rating guarantees a specific facility will be present and also our star ratings may differ from official star ratings.
18. BALANCE PAYMENTS
When a deposit only has been paid, the balance for Hotel Only/Holiday Homes/Villas Only/Transfers/Trips/Car Hire only is due 28 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per booking. We reserve the right to cancel any bookings where full payment has not been received 21 days prior to check in with the loss of any monies paid.
When a deposit only has been paid, the balance for Packages only is due 84 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per passenger. We reserve the right to cancel any bookings where full payment has not been received 77 days prior to check in with the loss of any monies paid.
When a deposit only has been paid, the balance for Attraction Tickets only is due 70 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per ticket. We reserve the right to cancel any bookings where full payment has not been received 63 days prior to check in with the loss of any monies paid.
The payment due date is shown on the Booking Advice document. It is the customer's responsibility to ensure this payment is made on time.
The company at its discretion may also charge the payment card used for the deposit payment with the remaining balance on or shortly after the due date.
19. Air Passenger Duty
The UK Government can change the amount of duty on travel at any time, whilst all taxes and fees are applied at the point of booking, any subsequent increase in Air Passenger Duty that is applicable before your date of travel will be applied to your booking, this is for all bookings regardless of if a deposit option is taken or not. Any Tax increases will be applied with an administration fee at the rate of £4 per seat.
20. CHARTER AIRLINES
Holiday packages on scheduled airlines include a luggage allowance per passenger and also in-flight meals. Holiday packages on Charter flights do not include a luggage allowance per passenger, seat selection or in-flight meals, these can be added to your reservation after the point of booking via our customer services team, these will be subject to an additional charge.
21. WEBSITE IMAGES
Room pictures may differ from the actual room you receive. Hotel information contained in the Websites is based on advice from the hotel proprietors concerned and was cleared for accuracy at the time of publication. Whilst every care is taken to ensure the accuracy of such information, the publishers and their staff and contributors can accept no responsibility for the consequences of any action based on information or advice contained herein.
22. TRADING NAME
caribbeanclassics.co.uk, weddings.caribbeanclassics.co.uk, holidayusa.co.uk, luxuryindianocean.co.uk, and thevegasweddingcompany.co.uk are trading names for Travel Day Limited.
23. ATOL Protection
caribbeanclassics.co.uk, weddings.caribbeanclassics.co.uk, holidayusa.co.uk, luxuryindianocean.co.uk, and thevegasweddingcompany.co.uk are trading names of Travelday Ltd - Atol number 9246
Your Financial Protection
When 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.
24. BOOKINGS WITH OUT-OF-DATE-RANGE SCHEDULED FLIGHTS.
Scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before the departure. Our holiday prices for bookings more than 10 months in advance of travel are calculated in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply.
At the time of booking, we will issue an invoice recording the arrangements reserved for you and a contract between us will then come into existence on the basis that the price quoted at the time of booking will be that applicable when the airline releases the seats. However if, at the time the airlines seats become available, your package price has increased by a minimum of 2% from the time of booking, we reserve the right to recalculate your booking and issue a revised invoice whereby we will give you 7 days to tell us whether you wish to continue with the booking on the basis of the amended price and other details or cancel and receive a full refund. If you wish to continue with the booking, we will issue a revised invoice.
When the airline seats become available to book we will also tell you of any amended flight details or significant schedule changes.
In the event that flight seats do not become available, you will receive a full refund of your deposit. We will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.