Terms and Conditions

1. Your Holiday Contract

These booking conditions govern all bookings with Fairdealtravel.com, whose registered office is at 14 Norwood Road, Southall, UB2 4DL. How the booking conditions apply to you varies depending on whether you have booked a package or other travel arrangements.

A package is a combination of at least two of the following: a) transport, b) accommodation, c) another tourist service which forms a significant part of your booking, providing those two or more components are sold to you at the same time at an inclusive price. Anything else (e.g. air tickets only, air tickets and accommodation booked at different times, cruises and packages arranged by a third-party tour operator where we act as their agents) constitutes other travel arrangements.

All contracts with Fairdeal Travel and all matters arising from them are subject to English law and to the jurisdiction of the courts of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.

The person who makes the booking must be aged 18 or over, accept these conditions on behalf of all members of the party, and be responsible for all payments due from the party.

2. Payments

At the time of booking, you must pay a deposit, the amount of which will be confirmed to you at the time of booking, and pay any balance of the cost of the holiday no later than 4 weeks before departure. If you book within 4 weeks of departure, full payment is required at the time of booking. If you do not make the required payments, your booking will be cancelled. If you have paid a deposit and fail to pay the balance on time, you will lose your deposit.

3. Your Travel Documents

Travel documents will be issued electronically once we have received full payment.

4. Alterations by You

If, after booking, you wish to change your travel arrangements, we will do our best to meet your new requirements. You will need to confirm your instructions in writing and pay an amendment fee of £35 per person per booking. You must also pay any costs we incur in making the amendment, including any charges that may be levied by suppliers (e.g. airlines, hotels). Please note that some travel arrangements (e.g. 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.

5. Transferring your Booking if you are prevented from Travelling (Packages Only)

If you are prevented from travelling, you have the right to transfer your booking to another person, subject to supplier conditions permitting and subject to both the original client(s) and the transferee(s) paying all costs incurred by Fairdeal Travel in doing so. The arrangements must remain the same. Please note that certain suppliers, including airlines, may impose restrictions on name changes or transfers, and in such cases, a transfer may not be possible regardless of our willingness to facilitate it. Fairdeal Travel will use its best endeavours to facilitate the transfer where supplier conditions allow, and in cases where a transfer is made, an additional administration charge of £100 per person must be paid.

6. Cancellation by You

You may cancel your booking at any time, provided that the cancellation is made by the person making the booking and is communicated to us in writing. As we incur costs when you cancel, we will retain your deposit, and additional cancellation charges may apply. If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges.

Packages

Other Travel Arrangements

Most discounted airline tickets carry a 100% cancellation charge. Please check at the time of booking for the charges which apply to your ticket. Air tickets that do have a refund value should be returned by you to Fairdeal Travel, and we will pass them to the airline. When Fairdeal Travel receives a refund, it will be paid to you. This usually takes 8 to 12 weeks; in some cases, it may take considerably longer.

7. Alterations by Fairdeal Travel

We reserve the right to change the description of any flight and/or ground service before you book, in which case you will be told before a confirmation invoice is issued.

Packages

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

If we are required to cancel or significantly alter your travel arrangements due to unavoidable and extraordinary circumstances as defined in clause 19 of these booking conditions, we will not be liable to pay compensation.

Other Travel Arrangements

Fairdeal Travel will endeavour to notify all changes before departure, where it is possible to do so. Please also see clause 14 (Flights). No compensation is payable by us in such cases. We will endeavour to find you a suitable alternative where appropriate.

8. Cancellation by Fairdeal Travel

Packages

We reserve the right to cancel your holiday in certain circumstances. For example, if the minimum number of clients required for a particular holiday is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of unavoidable and extraordinary circumstances as defined in clause 19 of these booking conditions, or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you have the choice of purchasing another arrangement from us, if available, with the price difference payable or refundable as appropriate, or of receiving a full refund of all monies paid to us, less any applicable administration fees. In addition, unless the cancellation has been caused by unavoidable and extraordinary circumstances as defined in clause 19, compensation will be paid on the scale set out in clause 7 above.

Other Travel Arrangements

In the unlikely event that a booking must be cancelled for any reason other than non-payment by you, we will offer you alternative travel arrangements if these are available. Alternatively, you may receive a full and prompt refund of all monies paid to Fairdeal Travel, less insurance premiums, administration fees, and amendment fees. No compensation is payable.

9. Pricing Policy

All our travel arrangements and fares are subject to availability. Once a confirmation invoice has been issued, the price shown on that invoice may only vary as outlined below or if you amend your booking (see clauses 4 and 5).

Packages

The price of your travel arrangements can be varied due to changes in transportation costs (e.g. airfare and cost of fuel), changes in dues, taxes, or fees payable for services (e.g. landing taxes or embarkation and disembarkation fees at ports and airports), or to reflect fluctuations in exchange rates. In the case of any small variation, an amount equivalent to 2% of the invoice price (excluding insurance premiums and amendment charges) will be absorbed or retained. For larger variations, this 2% will still be absorbed for increases but not retained from refunds. In either case, there will be an administration cost of £35 per person, together with an amount to cover travel agents’ commission if applicable. If this means that you must pay an increase of more than 10% of the invoice price, you will be entitled to cancel the booking and receive a full refund of all monies paid, excluding amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. If you decide to cancel in these circumstances, you must do so within 7 days of the issue date on the surcharge invoice.

Other Travel Arrangements

For air tickets, after we have received full payment in cleared funds, we will not increase the price. For all other situations, we reserve the right to pass on any cost increase levied by the suppliers.

10. Our Liability

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an organiser under the Package Travel and Linked Travel Arrangements Regulations 2018. As such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these booking conditions, if our suppliers or we negligently perform or arrange those services and we fail to remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday, you may be entitled to an appropriate price reduction, compensation, or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package. The level of any price reduction or compensation will be calculated taking into consideration all relevant factors, including but not limited to your adherence to the complaints procedure described in these booking conditions and the extent to which our negligence, or that of our employees or suppliers, affected the overall enjoyment of your holiday. Please note that it is your responsibility to demonstrate that our supplier (s) or we have been negligent if you wish to make a claim against us.

(2) We will not be responsible for, or pay compensation in respect of, any injury, illness, death, loss, damage, expense, cost, or other claim of any description whatsoever which results from any of the following:

• the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
• the act(s) and/or omission(s) of a third party not connected with the provision of the services contracted for, which were unforeseeable or unavoidable; or
• unavoidable and extraordinary circumstances as defined in clause 19 of these booking conditions.

(3) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these booking conditions. Failure to do so may affect your entitlement to make a claim.

(4) Where any payment is made by us, the person(s) receiving it (and their parent or guardian if under 18 years of age) must assign to ourselves or our insurers any rights they may have to pursue any third party in respect of the same matter, and must provide all reasonable assistance we or our insurers may require in doing so.

(5) We cannot accept liability for any loss or damage of any description: (a) which, based on the information provided to us prior to our accepting your booking, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you; or (b) which relates to any business activity.

(6) We cannot accept responsibility for any services or facilities which do not form part of our contract with you. This includes any excursion you book independently whilst on holiday, and any service or facility which your hotel or any other supplier agrees to provide for you, where such services or facilities are not advertised by us and have not been agreed by us as part of your contracted arrangements. We only promise to use reasonable skill and care as set out above, and we do not have any greater or different liability to you.

Other Travel Arrangements

Where we act solely as a booking agent on behalf of a named principal, the above provisions of clause 10 do not apply. In that capacity, we accept no liability for any aspect of the travel arrangements made on your behalf, except where such liability arises directly from our own proven negligence in the act of making the booking. The organiser or principal whose product you are purchasing will be subject to their own terms and conditions, which will govern your booking.

11. Complaints

If a problem occurs whilst you are abroad, you must inform the relevant supplier (e.g. hotel, tour operator, car rental company, airline) immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction at the time, you must also contact us immediately by emailing sales@fairdealtravel.com so that we are given the opportunity to help. If a complaint cannot be resolved at the time, you must write to us within 28 days of your return, quoting your original booking reference and giving all relevant information. Failure to take these steps will hinder our ability to resolve the problem and investigate it fully, and in consequence, any right to compensation you may have may be extinguished or reduced.

12. Passport, Visa and Health Requirements

Please ensure that you are aware of all passport, visa, and health requirements and that you allow adequate time to obtain them. You must check applicable requirements with the relevant Embassy, Consulate, or Passport Agency. Please note that many countries require that your passport be valid for six months beyond the period of your stay. Requirements can change, and it is your responsibility to ensure that you comply with applicable passport, visa, and health requirements and take all necessary documents with you to gain access to any country or region to which you make travel arrangements or transit through. Fairdeal Travel cannot accept any responsibility for customers who do not possess the correct documents, and if you fail to do so, you will be solely responsible for any cost, loss, or damage that you incur as a result. Helpful information can be found at www.gov.uk/foreign-travel-advice.

13. Suppliers’ Conditions

Please note that, as between you and any of the suppliers whose services form part of your booking, the suppliers’ standard terms and conditions will apply. Copies of supplier conditions are available on request before booking and may also be requested in writing at any time. The suppliers’ standard conditions may limit or exclude liability, often in accordance with international conventions.

14. Flights

Please note that a flight described as “direct” will not necessarily be non-stop. All departure and arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational or maintenance requirements, and the requirement for passengers to check in on time. Fairdeal Travel will advise if there is any change to a departure time previously given to you or shown on your ticket, but you are also strongly advised to reconfirm your flights and check in online with the airline. We are unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline concerned.

15. Special Requests

If you have any special requests, these will be passed on to the relevant supplier, but cannot be guaranteed. Special requests do not form part of our contractual obligations to you, and the failure of a supplier to fulfil a special request will not give rise to any liability on our part, nor entitle you to cancel or seek compensation in respect of your booking.

16. Your Financial Protection

Fairdeal Travel Limited holds ATOL number 12175, issued by the Civil Aviation Authority. 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. Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme, but ATOL protection does not apply to all holiday and travel services on this website. For example, where a confirmed airline ticket is issued immediately to the consumer in exchange for payment, this would constitute an Airline Ticket Agent sale and would therefore not be covered by our ATOL, as you already hold a valid travel document. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate, the booking will not be ATOL-protected. If you do receive an ATOL Certificate but not all parts of your trip are listed on it, those parts will not be ATOL-protected. Please see our booking conditions, or for more information about financial protection and the ATOL Certificate, go to: www.atol.org/about-atol/.

17. Travel Insurance

We strongly recommend that you take out comprehensive travel insurance for the full duration of your journey before departure. Adequate travel insurance is an important condition of your booking. Your policy should cover, as a minimum, cancellation and curtailment, medical expenses and repatriation, personal liability, and loss or theft of personal possessions. Fairdeal Travel accepts no responsibility for any loss, cost, or damage which adequate travel insurance would have covered. If you choose to travel without adequate insurance cover, you do so entirely at your own risk, and we will not be liable for any loss or expense incurred as a result.

18. ATOL Consumer Terms

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 the supplier nor we can 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 fulfil 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 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 if applicable). You also agree that any such claims may be reassigned to another body if that other body has paid sums you have claimed under the ATOL scheme.

19. Unavoidable and Extraordinary Circumstances

In these booking conditions, “unavoidable and extraordinary circumstances” means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations include, but are not limited to, the following:

• warfare, acts of terrorism, or threats of either, which are deemed sufficient by the relevant authorities to affect travel safety;
• civil unrest, riots, or political instability at the travel destination;
• significant risks to human health, including the outbreak of serious disease or epidemic at or near the travel destination;
• natural disasters, including floods, earthquakes, tsunamis, volcanic activity, or severe weather conditions, which make it impossible or unsafe to travel to, remain at, or return from the travel destination;
• fire or other destruction of the travel destination or accommodation;
• industrial action by third parties, including strikes affecting airlines, airports, or other transport providers, where such action could not reasonably have been foreseen at the time of booking; and
• any other event of a similar nature beyond our reasonable control which materially affects the performance of the contracted arrangements.

For the avoidance of doubt, economic circumstances, fluctuations in exchange rates, and changes in the cost of fuel or other operational costs do not constitute unavoidable and extraordinary circumstances for these booking conditions.