Booking Conditions
These booking conditions apply to all bookings made with Holiday Bay Travels & Tours Ltd, whose registered address is 128 City Road, EC1V 2NX London, UK. By making a booking, you are indicating that you have the authority to accept these conditions on behalf of all parties travelling. A contract will exist as soon as Holiday Bay Travels & Tours Ltd issues a confirmation email. This contract is subject to English Law and the jurisdiction of the English Courts.
If you book a package holiday through Holiday Bay Travels & Tours Ltd, which involves two or more different types of travel services combined for the same trip or holiday, such as a flight and hotel or hotel and car hire, your contract(s) will be with the supplier(s) or principal(s) on whose behalf Holiday Bay Travels & Tours Ltd, acts as an agent. However, Holiday Bay Travels & Tours Ltd, will assume responsibility for the performance of those contracts as a package organiser under the Package Travel and Linked Travel Arrangements Regulations 2018. Section B of the booking conditions outlines the additional terms and conditions that will apply to your package booking, including details on what constitutes a package and how your package will be financially protected.
It’s important to note that if you add additional travel services to your booking through Holiday Bay Travels & Tours Ltd, after having already paid for one travel service, you will not receive the same rights that apply to package bookings under the Package Travel Regulations, and Holiday Bay Travels & Tours Ltd, will not be responsible for the performance of individual travel services.
Occasionally, Holiday Bay Travels & Tours Ltd, may sell a package that has been organised by a tour operator or principal on whose behalf Holiday Bay Travels & Tours Ltd, acts as an agent. In these cases, Holiday Bay Travels & Tours Ltd, will not assume responsibility for the package or its financial protection; instead, the tour operator or principal will be responsible, and the package will be protected by their ATOL. Section A of the booking conditions applies to all bookings made in these circumstances.
For any queries or concerns relating to your booking or customer service, you can contact Holiday Bay Travels & Tours Ltd, Customer Services team via mail at 128 City Road, EC1V 2NX London, UK or by email at contact@holidaybay.co.uk.
Package Bookings
If you purchase two or more of the travel services listed below from our website for the same trip or holiday, this will be considered a “Package”. As the organizer of the Package, we will take responsibility for it under the Package Travel Regulations if the travel services are either: purchased together during a single visit to our website and selected by you before payment; advertised, sold or charged by us at an inclusive or total price; or advertised or sold under the term “package” or a similar term. You can find a summary of our responsibilities as the Package organizer in Section B of these Booking Conditions.
Please note that even if we are the Package organizer under the Package Travel Regulations, we will still act as an agent in relation to the travel services and you will have contracts with each of the suppliers of those travel services. The travel services that can be included in a Package are:
- Transport (such as a flight); • Accommodation; • Rental of cars or other motor vehicles; • Any other tourist service not intrinsically part of one of the travel services listed above.
APPLICABLE TO ALL BOOKINGS
When you book your travel arrangements with us, you will enter into a contract with each of the third party suppliers of the services you have booked, such as tour operators, airlines, hotels, car hire providers and transfer providers. This contract will come into effect when we issue your booking confirmation. It is important to note that you will be subject to the terms and conditions of both our Booking Conditions and those of the third party suppliers. If there is any conflict between our Booking Conditions and the supplier’s terms and conditions, the supplier’s terms and conditions will take precedence, unless they are deemed to be invalid or unenforceable under English law. Some supplier’s terms and conditions may limit or exclude their liability to you, which may also limit or exclude our liability to you. As an agent, we are not responsible for the acts or omissions of the suppliers, or for the travel services provided by them, unless we are the organiser of your package holiday under the Package Travel Regulations. If we are the organiser, we will accept responsibility for the travel services in accordance with Section B of our Booking Conditions. Copies of the relevant supplier’s terms and conditions, as well as any applicable international conventions, can be provided upon request.
BOOKING
You can book your travel services online through our website or by phone. However, please note that availability is subject to change and we cannot guarantee that the services advertised will still be available at the time of booking. Once you make a booking request, we will confirm availability to you before issuing a booking confirmation. The email sent to you after your online booking is not an acceptance of the supplier’s ability to provide the services, but rather an acknowledgement that we have received your offer. Your contract with us comes into existence when we issue a booking confirmation, subject to the supplier’s terms and conditions and our Booking Conditions. It is your responsibility to ensure that all the names listed in the booking confirmation match the names on the passports of the travellers in your party and that the travel itinerary meets your requirements. Changes to the itinerary may not be possible and may result in additional charges. Please carefully check all travel documents for accuracy upon receipt and inform us immediately if there are any errors or omissions. Flight tickets and other products are non-refundable, non-changeable, and non-transferable unless otherwise stated.
FLIGHT BOOKINGS
This travel company offers Scheduled Airline Failure Insurance (SAFI) for an additional cost to protect customers in case the airline fails. Customers should review the terms of the SAFI policy to understand what is covered.
Seat availability and pricing are determined by the airline, and flight times listed are subject to change based on the airline’s booking conditions. Bookings are usually non-refundable.
Airfares can increase rapidly, so payment should be made within an hour of booking confirmation to secure the quoted fare. If the fare increases before payment is made, customers have the option to cancel and receive a full refund.
Some flights may be indirect, flying through other airports. Customers will be informed of any stopovers when booking.
Baggage allowances vary greatly between airlines and routes. Prices quoted by this company include the standard baggage allowance provided by the airline. Additional luggage may be allowed by some airlines, but customers should refer to the airline’s terms and conditions for details.
Certain airlines consider hold luggage to be an optional extra, and it is not included in the headline prices offered by this company. Customers will be given the option to add hold luggage at the time of booking. If they choose not to, they will receive the standard hand luggage allowance as specified by the airline. Any restricted items, such as food, plants, or animal products, should not be carried.
Check-in procedures are included in the booking confirmation email. Some airlines require online check-in, which must be completed to avoid check-in fees at the airport. It is the customer’s responsibility to follow the airline’s check-in procedures and arrive at the airport with ample time for security and check-in procedures. Tickets cannot be refunded or changed due to a no-show or late check-in.
Most flight bookings are non-refundable, and amendments or cancellations will incur charges. Customers should refer to the individual airline’s booking conditions for further details and contact the booking agent in the event of any changes or cancellations.
Other holiday services
Please be aware that if you have booked a combination of accommodation, transport or car rental along with one or more “other tourist services” as mentioned in (d) above, it will only be considered as a Package under the Package Travel Regulations if the tourist services make up 25% or more of the total value of the combined services, or are advertised as an essential part of the Package.
If additional tourist services are selected and paid for separately after the transportation, accommodation, or car rental service has commenced, or if the tourist services are an integral part of the other components, they will not be considered as part of the Package. These bookings will be treated as separate bookings for each component, and will not offer any rights under the Package Travel Regulations.
PRICE AND PAYMENT
When booking your holiday, the price you see includes all taxes, fees, and charges that are known at the time of booking. If there are additional costs that cannot be calculated before booking, you will be informed of the type of expenses that you may still need to pay.
To confirm your travel arrangements, you will need to make an initial deposit or pay the full balance depending on the time of your booking relative to the departure date. Additionally, you may need to pay for insurance premiums and booking fees.
If you only pay a portion of the total cost, you must settle the remaining balance by the due date specified in your booking confirmation. Failure to do so may lead to cancellation of your booking by the supplier or principal, and may result in cancellation fees according to their terms and conditions.
Please note that, except in cases where specified in the supplier’s terms and conditions, all payments you make for travel arrangements will be held on behalf of the supplier or principal. If your booking is protected by an ATOL, any payments you make will be held by us on behalf of the Trustees of the Air Travel Trust until they are paid to the ATOL holder, but without obligation to pay the ATOL holder in the event of their financial failure.
CANCELLATION AND AMENDMENT
AMENDMENTS : To make changes to your booking, you must notify us in writing by post to Customer Services at 128 City Road, EC1V 2NX London, UK or send an email to contact@holidaybay.co.uk. Please be aware that we cannot guarantee that changes can be made after your booking is confirmed, as this depends on the terms and conditions of the supplier(s) providing the travel service(s).
If you wish to increase the number of people in your party or booking, no amendment fee is required. However, for any other changes, you will need to pay an amendment fee of £75 per passenger, in addition to any airline or supplier amendment charges.
It’s worth noting that if you have travel insurance you may be able to claim for any cancellation or amendment charges under your policy.
Cancellations : You have the right to cancel your booking at any time by notifying us in writing at Customer Services, 128 City Road, EC1V 2NX London, UK, or sending an email to contact@holidaybay.co.uk from the lead name on the booking. Please be aware that your cancellation request will not be valid until we receive it.
After receiving your cancellation request, the supplier(s) providing the travel service(s) may charge a cancellation fee, which could be as much as 100% of the total cost depending on when the cancellation occurs. Please note that bookings are typically non-refundable, unless otherwise stated at the time of booking.
To cover our administrative costs in processing your cancellation, we charge an administration fee of £75 per passenger.
We recommend that you review your travel insurance policy as you may be able to claim for any cancellation fees under your policy.
DELIVERY OF DOCUMENTS
Once full payment has been received for your booking, we will send you all necessary travel documents, such as tickets and insurance policies, by email within 48-72 hours. If you prefer, we can also send them to you by post upon request.
In the case of a last-minute booking, we can expedite the delivery of your documents within 24 hours. Please note that we cannot be held responsible for any loss of documents after they have been posted to you, unless this loss is due to our negligence. If you require the tickets or documents to be reissued, you will be responsible for all associated costs. Please be aware that documents can only be reissued up to 7 days before your departure.
If necessary, you may request for the documents to be delivered by courier, but this will be at your own expense.
INSURANCE
It is highly recommended that you purchase travel insurance that provides adequate coverage for you and your travel companions. Many of the travel service providers we work with may require you to have travel insurance as a prerequisite for booking their services. In some destinations, it may be mandatory to have travel insurance, and we will inform you if that is the case. The recommended insurance policy should cover you for cancellation costs, medical expenses, including repatriation in the event of an accident or illness, loss of baggage and money, and other expenses.
PASSPORTS, VISAS AND HEALTH
Before you book your trip, please let us know if you or any members of your party have any medical conditions or mobility issues so we can make sure the trip is suitable for your needs. We can provide general information about passport, visa, and health requirements for your destination, but it is your responsibility to check with the relevant Embassies and/or Consulates and your doctor to confirm any specific requirements. Keep in mind that requirements can change, so make sure to check the most up-to-date information well before your departure. You will need photographic identification, such as a passport or driving license, for all air travel within the British Isles.
Most countries require passports to be valid for at least 6 months after your return date, and some countries require a transit visa for connecting flights. We will let you know if a transit visa is needed for your travel. You should also check the UK government foreign travel website for the most up-to-date information on visa entry requirements.
An ESTA visa is required for all travel to the USA and transiting through the USA, while an ETA visa is required for all travel to Australia and transiting through Australia. If your flight involves a transfer to a different airport, it is your responsibility to arrange the transfer and any necessary transit visa. If you are a non-British passport holder, including other EU nationals, you should seek advice on passport and visa requirements from the Embassy, High Commission, or Consulate of your destination or country(ies) of travel.
For up-to-date travel advice, please check the Foreign and Commonwealth Office website. Additional documentation may be required for children traveling without their parents, so please let us know in advance. Airlines may also have policies regarding advanced pregnancy, so please notify us if you or anyone in your party is pregnant at the time of booking. We cannot accept responsibility for any loss incurred due to your failure to comply with any passport, visa, immigration requirements, or health formalities. If you do not comply with these requirements, you agree to reimburse us for any fines or losses we incur as a result. Our website is operated by us, not the airlines, and to qualify for infant status, a child must be under 2 years old on the date of their return flight, in accordance with Air Navigation Orders
FINAL TRAVEL ARRANGEMENTS
Before your departure, please make sure that you have all the required travel documents such as passports, visas and insurance in order. It is important to arrive at the airport with plenty of time for the check-in process. Please note that you may need to reconfirm your flight with Holiday Bay Travels & Tours Ltd, before your departure, and we can provide you with the contact details of the airline for this purpose. It is advisable to reconfirm your flight at least 72 hours prior to your outbound flight and take note of any reference numbers or contact names. Failure to reconfirm may result in being denied boarding and no refund will be issued
The accountability for your reservation
When you make a booking with us, you are actually booking with the travel provider and are subject to their terms and conditions. Our role is to make the booking on your behalf and provide information in good faith. However, if we are found to be responsible for any issues, our liability is limited to twice the amount of commission we earned on your booking. We do not exclude liability for personal injury or death resulting from our negligence or that of our employees. If we are the organiser of a Package under the Package Travel Regulations, we will be responsible for that package and additional terms and conditions will apply.
Unforeseeable and exceptional situations beyond anyone’s control
Unless specifically stated otherwise in these terms, we will not be held liable or provide compensation if factors outside our control, such as Unavoidable and Extraordinary Circumstances, affect our ability to fulfill our contractual obligations to you. Unavoidable and Extraordinary Circumstances include situations like acts of terrorism, war, civil unrest, disease outbreaks, natural disasters, government actions, labor strikes, technical transportation issues, flight cancellations, and any other similar event outside our or the supplier’s control. Additionally, please note that Brexit may impact travel services, and while we will do our best to provide alternative arrangements or refunds, we cannot guarantee compensation as this is an unprecedented event outside of our control.
COMPLAINTS
As your agent, we will handle any complaints you may have and can be reached via email or post. However, the contract for your travel arrangements is between you and the supplier/principal, so any concerns or queries should be directed to them initially. If you encounter any issues while on your trip, you must notify the supplier/principal or their local agent right away. If you don’t follow this protocol, the supplier/principal will have less opportunity to address and resolve the problem, potentially resulting in reduced compensation or no compensation at all. If you want to file a complaint upon your return home, you should contact the supplier/principal directly, whose contact information can be found in the confirmation documents. We can help you with this if you need assistance. please contact Customer Services at contact@holidaybay.co.uk .
TRANSFERRING YOUR PACKAGE BOOKING
If one member of your group can’t travel on your Package, they can transfer their place to someone else if certain conditions are met: • The replacement person meets all the conditions for the Package; • You tell us at least 7 days before the departure date; • You pay the outstanding balance, an administration fee per person transferring, and any other fees or costs that arise from the transfer; • The replacement person agrees to the Booking Conditions, the supplier/principal’s terms and conditions, and any other requirements for the Package. You and the replacement person are both responsible for paying all costs. If you can’t find a replacement person, cancellation charges may apply
IF YOU CANCEL YOUR PACKAGE DUE TO UNAVOIDABLE & EXTRAORDINARY CIRCUMSTANCES
If you have booked a Package and there are Unavoidable and Extraordinary Circumstances, as defined in Clause 14 of Section A, happening at your holiday destination or its immediate vicinity, which significantly affect the performance of your Package or transport to the destination, you have the right to cancel your Package before departure without being charged a cancellation fee. However, we will not be responsible for paying you any compensation in this case. Please be aware that you can only cancel your Package under these circumstances if the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. We will provide you with a full refund for any payments you have made.
IF THE SUPPLIER/PRINCIPAL CHANGES OR CANCELS YOUR PACKAGE / REFUND POLICY
If there are minor changes to your travel arrangements, such as a slight alteration to your flight schedule or a change of accommodation to one of the same or higher standard, we will make reasonable efforts to inform you. However, we will not be liable for such insignificant changes. Please note that airlines or other carriers may be subject to change. In the event of significant changes to your confirmed travel arrangements, such as a change of accommodation to a lower standard or a change in departure time by more than 12 hours, we will inform you as soon as possible. If there is time before departure, we will offer you the option to accept the changed arrangements, receive a full refund of all monies paid, accept alternative travel arrangements of comparable or higher standard (at no extra cost), or accept alternative travel arrangements of a lower standard with a refund of the price difference. You must notify us of your choice as soon as possible and within the timeframe provided. If we have to cancel or change your travel arrangements due to unforeseeable circumstances beyond our control, such as a natural disaster or terrorist activity, we will not be liable to pay compensation. We will also not be liable for any travel insurance premiums paid if you choose to cancel following notification of a significant change.ACCOMMODATION RATINGS & STANDARD
The ratings for accommodations on our website are either provided by the accommodation supplier or are based on our own assessment of industry knowledge and customer feedback. Our ratings are meant to give you an idea of what services and facilities you can expect from the accommodation. However, ratings and standards may vary between countries and suppliers, and we cannot guarantee their accuracy. We have tried to accurately display the official rating of the accommodation on our website.
SAFETY & SECURITY
It is your responsibility to be aware of the Foreign Office’s advice regarding the safety of the countries and areas you plan to visit and to make decisions based on that advice. You can find this information at https://www.gov.uk/travelaware. If the Foreign Office advises against traveling to or leaving a specific country, this may be considered an Unavoidable and Extraordinary Circumstance as described in Clause 14 above.
DOCUMENTATION & INFORMATION
We provide descriptions and content about the services offered by the supplier on our website or through other means. However, it is important to note that not all details of the services may be included on our website. Additionally, all services displayed are subject to availability. If you need more information regarding any travel arrangements or services, please feel free to contact us.
YOUR BEHAVIOUR
We expect you and your party to behave in an orderly and respectful manner during your travel arrangements, without disrupting the enjoyment of others. If the supplier/principal or any other person in authority believes that your behaviour or that of any member of your party is causing distress, danger, annoyance, property damage, or transportation delays, they have the right to terminate your booking immediately without any further liability to you. Additionally, you may be required to pay for any losses or damages caused by your actions, and each member of your party will be jointly and individually liable for any such costs. You must pay for any damages directly to the supplier/principal prior to departure. Failure to make payment will result in you being responsible for any claims (including legal costs) subsequently made against us because of your actions, along with any costs incurred in pursuing any such claims. Please note that we cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your travel arrangements or with us.
ANTI-FRAUD CHECKS
By providing us with your Personal Information, you agree that we may use it to conduct necessary anti-fraud checks. Your Personal Information may be shared with a credit reference or fraud prevention agency, which may keep a record of the information provided.
DATA PROTECTION
To make your travel arrangements, we will need you to provide personal information such as your name, email address, telephone number, passport number, and other identifying details. We may also need to collect special category information, such as health and medical information, details of disabilities, or religion. We will process this information for the purpose of arranging your travel and will share it with relevant suppliers and persons involved in providing your travel services as necessary. In compliance with legal requirements, we may also provide information to public authorities, such as customs or immigration, and security or credit checking companies. If you are travelling to the United States, we will need to send this information to the US Customs and Border Protection to prevent and combat terrorism and other serious crimes. If your travel takes you outside the European Economic Area, we will ensure that your data is passed on to suppliers outside of the EEA in compliance with the General Data Protection Regulation. By making this booking, you understand that personal information provided in your booking form may be shared with suppliers and persons facilitating your travel arrangements.
OUR RESPONSIBILITIES AS ORGANISER FOR PACKAGES
If you have booked a package through us, we will be acting as the organiser under the Package Travel Regulations. This means that we will be responsible for ensuring that all the travel services included in your package are properly provided as confirmed in your booking. If there are any issues with the travel arrangements and we (or the supplier/principals) do not resolve them within a reasonable time, you may be entitled to compensation or a reduction in price. The amount of compensation will depend on various factors such as the nature of the issue and the extent to which it has impacted your overall enjoyment of the package. Please note that it is your responsibility to prove that we or the supplier/principals have not properly provided the travel services if you wish to make a claim.
We will not be held responsible or liable for any injury, illness, death, loss, damage, expense, cost or other claim arising from the following:
• a. Any act or omission of the affected person(s).
• b. Any act or omission of a third party not related to the travel services included in your package, which could not have been foreseen or avoided.
• c. Any Unavoidable and Extraordinary circumstances (as defined in Clause 14).
If we are found liable under this clause and/or the Package Travel Regulations, our liability will be limited to a certain amount of compensation.
We have outlined the limits of our liability and the compensation we may pay in case of any claims that may arise during your travel. In case of claims that do not involve injury, illness, or death, we may pay up to three times the total price paid by the affected person(s), but only if everything has gone wrong and no benefit has been received from the booking. For claims related to international travel by air, sea, and rail, or any hotel stay, our liability will be limited as if we were carriers under the relevant international conventions. You can request copies of these conventions from us. Additionally, you agree that the operating carrier’s own “Conditions of Carriage” will apply to you during your journey. These terms and conditions form part of your Package booking with us, as well as with the transport company. If an airline is liable to you under EC Regulation 261/2004, our liability arising from the same facts is limited to the remedies provided under the Regulation as if we were a carrier. We are entitled to deduct any money you have received or are entitled to receive from the transport provider or hotelier when making any payment. To accept liability, you must follow the complaints procedure outlined in these conditions and notify us and our Supplier/Principal(s) of any claims promptly.
If we make a payment for any claim, the person receiving the payment must assign any rights they have to pursue a third party to us or our insurers and provide us with any assistance we may reasonably require. We are not responsible for any damage, loss, or expenses that we could not have foreseen based on the information you provided to us prior to accepting your booking, or that relate to any business. We are also not responsible for any services or facilities that were not included in your booking confirmation or advertised in our brochure/website, such as excursions or services provided by your hotel or other suppliers.
If Unavoidable and Extraordinary Circumstances prevent you from returning safely to your departure point on the agreed return date, we will provide necessary accommodation (of a comparable standard, where possible) for up to three nights per person. However, this three-night limit does not apply to individuals with reduced mobility, pregnant women, unaccompanied minors, or individuals requiring specific medical assistance, provided we have been notified of these needs at least 48 hours before the start of your Package.
FINANCIAL PROTECTION
When you purchase a flight from us, we may offer financial protection through our Air Travel Organiser’s Licence If your flight is protected, you will receive an ATOL Certificate. However, flights that we sell as an authorised ticket agent for the airline are not protected.
If you purchase a flight package through us, you will either be protected by the organiser’s ATOL or by our own ATOL, depending on who is the organiser of the package. In the event that we or the suppliers are unable to provide the services you have bought due to insolvency, an alternative ATOL holder may step in to provide the services, or the Trustees of the Air Travel Trust may make a payment to you under the ATOL scheme.
If we act as an agent for a package organised by a third party, we will inform you of the financial protection arranged by the organiser in case of their insolvency. We are only responsible for arranging financial protection for your package if we are the organiser.
PROMPT ASSISTANCE FOR PACKAGES
If you have booked a package holiday with us and encounter any difficulties during your trip, we will offer you appropriate assistance, including providing information on health services, local authorities, and consular assistance. We will also assist you in finding alternative travel arrangements and distance communications if necessary.
However, if you require assistance that is not due to any failure on our part, we will not be responsible for the costs of any alternative travel arrangements or other assistance you require. You may be able to claim for refreshments and accommodation directly from the supplier, airline, or other transport provider.
If you fail to obtain our prior authorization before making your own travel arrangements, we will not be liable for any costs, fees, or charges you incur in the above circumstances. In addition, we reserve the right to charge you a fee for our assistance if the difficulty is intentionally caused by you or a member of your party, or due to your or your party’s negligence.
