our agreement with you

We are a trading division of TUI UK Limited and Our Agreement with you sets out what you are legally entitled to expect from us when you buy our travel services. Those travel services are as advertised by us but may also have restrictions set out in Important Information which should also be read carefully. Because we sell a wide variety of travel products, you should read Important Information and these terms and conditions carefully, before you book, to see how they affect your specific travel arrangements made by us.

1. YOUR TRAVEL BOOKING

   You must be 18 years old tocan book and travel on holidays with us and take up the offers advertised by us if they are still available. If you are under 18 years old an adult must accompany you on your journey. There may be other restrictions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or flights for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.

   Your contract will either be with us or with another supplier of travel services and this will depend on the type of arrangements you book: Your contract will be with us if we arrange at least two or more of the following services when the services are taken together and also either cover a period of more than 24 hours or include overnight accommodation:

   1. transport
   2. accommodation
   3. other tourist services

   and not ancillary to transport or accommodation which account for a significant part of the arrangements. But we will need to be aware that you have made more than one arrangement with us. For all other arrangements, we are the Booking Agent for a number of suppliers. Your contract will be with the supplier and we accept no responsibility for their actions or omissions. Copies of the conditions of your contract with your supplier are available on request from us and we recommend that you ask for them and read them before you book so that you are aware of how they may affect your booking. Thomsonfly's terms and conditions are available at www.thomsonfly.com. If you are only buying a Thomsonfly flight from us or we are the supplier's Booking Agent, the clauses set out below that refer to your booking as a "holiday" will not apply to you.

2. THE PRICE YOU PAY

   All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. If we are your Booking Agent (see section 1 above), then we, acting on behalf of your supplier, will pass on any price increase in accordance with the conditions of the contract with your supplier. For all other arrangements, after a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent's commission is included within these amounts. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £1.. If the increase is more than 10% of the holiday price (calculated as above), then : - 1. You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy; and 2. theThe increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4. The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us.

3. IF WE CANCEL YOUR BOOKING

   If we are your Booking Agent, your contract with your suppliers may allow them to cancel bookings. Where this occurs, we will ensure that you are promptly notified of any significant changes e.g. to airline flight times and routes, but accept no liability for the changes or costs incurred which may result. For all other arrangements we aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday you can either have a refund or accept a replacement holiday from us of equivalent or closely similar standard and price (if one is available). In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because of one of the events listed in the 'Important note - events beyond our control') and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than eight weeks before you go, unless this is the result of one of the events in the 'Important note - events beyond our control'.

4. IF WE CHANGE YOUR BOOKING DETAILS

   If we are your Booking Agent, your contract with your suppliers may allow them to change your booking details. Where this occurs, we will ensure that you are promptly notified of any significant changes e.g. to airline flight times and routes, but accept no liability for the changes or costs incurred which may result. For all other arrangements, we hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e ticket itinerary), which you should check carefully as soon as you receive it.

   Major changes to your holiday

   Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. If we tell you about any of these changes after we have confirmed your holiday booking, you may either: - accept the new arrangements offered by us; or - accept a replacement holiday from us of equivalent or closely similar standard and price, if one is available; or - cancel your holiday with us and receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the 'Important Note - events beyond our control') and we will always refund the difference in price if the replacement holiday is of a lower standard and price. Major changes for which we will always pay compensation, using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of UK departure airport (excluding changes between London airports, London and Ashford stations and between Dover/Folkestone ports) but see also 'Important note - events beyond our control'. These changes are only examples and there may be other significant changes which constitute major changes. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.

5. WHAT HAPPENS TO HOLIDAY COMPLAINTS

   We can usually sort out any complaints you may have. But if we cannot agree, you can take the matter to an arbitrator appointed by The Chartered Institute of Arbitrators. Details and application forms are available from ABTA, 68-71 Newman Street, London W1P 4AH. The arbitrator will only deal with your complaint if it relates to a holiday and:

   • you are claiming up to £5,000 for each person or £25,000 for each booking;
   • you contact them within 9 months of the end of your holiday; and
   • your complaint does not involve major physical injury or illness.

   This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details, please ask our Customer Services Department. If you prefer, you can take your complaint to the County Court or another suitable court.

   Period before departure when a major change is notified	Compensation payable per person
   More than 56 days	NIL
   55 - 29 days	£10
   28 - 15 days	£20
   14 - 8 days	£30
   7 - 0 days	£40

   Important note - events beyond our control

   Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport including changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events. In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law grants new rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights will be publicised at EU airports and will also be available from affected airlines (including Thomsonfly). However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us or your supplier if we are their Booking Agent.

6. OUR RESPONSIBILITY FOR YOUR HOLIDAY

   We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. Except where we are a Booking Agent we are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described and this spoils your holiday, we will pay you appropriate compensation (see the 'Important note - events beyond our control'). Also, if you buy a local excursion or tour through one of our official representatives, we will pay you reasonable compensation if it is not as advertised in our literature. We have taken all reasonable care to make sure that all the services which make up the holidays advertised by us are provided by efficient and reputable businesses. These businesses should follow the local and national laws and regulations of the country where they are provided. However, overseas safety standards are generally lower than in the UK, for example few hotels yet meet EC fire safety recommendations even in Europe.

7. PERSONAL INJURY 1

   Except where we are your Booking Agent, this section covers injury, illness or death while you are using the holiday services that we have arranged for you. We have no direct control over the way our suppliers provide their services but everyone employed or contracted by us or by our suppliers is expected to carry out their duties properly. If they do not carry out their duties properly (or at all) and that fault results in your injury, illness or death, we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault. If we do make a payment, it will be similar to one you would receive under English law in an English court. Note: We will make such payments for injury, illness or death on the basis that you are expected to accept that:

   1. You must tell us and the supplier involved about your injury or illness while you are in the resort (see section 13). You should also write to our Customer Services at the address given in Important Information about your claim within three months of coming home from your holiday to allow us to investigate it properly. Please include a letter about your injury or illness from your doctor if you can.
   2. You should transfer to us any rights you have against the supplier or any other person.
   3. You should co-operate fully with us if we or our insurers want to enforce those rights.
   4. Any payments we make may be limited in accordance with international conventions.

   We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.

8. PERSONAL INJURY 2

   Except where we are your Booking Agent, this section covers damages, injury, illness or death which is not connected with the arrangements made by us. If you or someone on your holiday booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable (see 'Important note - events beyond our control') we will try to help if we can. For example, we can help by:

   • providing translation services
   • communicating with authorities and others in foreign resorts
   • recommending foreign lawyers (if necessary)
   • explaining the procedures you should follow

   Telling you of any time limits We will help everyone on your holiday booking up to a total cost to us of £5,000 as long as the following conditions are met:

   1. You must ask us for help within three months of coming back from holiday.
   2. You must make a claim under your insurance policy's legal expenses or other appropriate section.

   You must show us proof that your insurance company has received your claim and, if you get back the cost of legal or other expenses, you must repay us any money we have spent in helping you.