
Terms and Conditions
General Booking Terms and Conditions
Please read the following booking conditions carefully as they set out the terms and
conditions of the contract between you and Thomas Cook Scheduled Tour Operations Limited (“we”,
“us” and
“our”). Your contract will be governed by English law and any disputes will be dealt with in
the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of
Northern Ireland or
Scotland (as appropriate) can deal with any disputes.
Our obligations to you will vary depending upon whether or not what you book with us is a
package holiday (“Package”) as defined by the Package Travel, Package Holidays and Package
Tours
Regulations 1992. Section A below details the booking conditions which apply particularly to
such a booking. Where you book only a ‘Flight’ or a ‘Hotel’ the terms which particularly apply
to such a
booking are detailed in Section B under the heading “Single Components”. There are certain
terms which apply to any type of booking and these are detailed in Section C.
A. Package Holiday
The information in our brochure and on our website, along with the terms set out below and
the terms set out in section C, apply when you book a Package.
A1. Your Contract/Financial Protection
The financial bonding requirements of the Travel Association (ABTA) and the Civil Aviation
Authority (CAA) have been observed by us in relation to the provision of all our Packages. Our
CAA ATOL
number is 0606 [and our ABTA membership number V2185].
These arrangements ensure that payments made by you for your Package would be refunded and/or
you would be repatriated in the unlikely event of our insolvency.
A2. Price Changes
We will absorb and you will not be charged for any increase equivalent to 2% of the price
of your Package, which excludes insurance premiums and any amendment charges. You will be
charged for
the amount over and above that, plus an administration charge of £1.00 per person together with
an amount to cover agents’ commission. If this means that you have to pay an increase of more
than
10% of the price of your Package, you will have the option of accepting a change to another
Package if we are able to offer one (if this is of equivalent or higher quality you will not
have to pay more
but if it is of lower quality you will be refunded the difference in price), or cancelling and
receiving a full refund of all monies paid, except for any amendment charges. You must cancel
within 14 days
from the issue date printed on your final invoice.
We will consider an appropriate refund of insurance premiums paid if you can show that you are
unable to transfer or reuse your policy. Should the price of your Package go down due to the
changes
mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you.
However, please note that Packages are not always purchased in local currency and some
apparent
changes have no impact on the price of your Package due to contractual and other protection in
place.
A3. Changes Made By Us Before Travel
From time to time we may have to change details of the package you have booked. If any
change will have a significant effect on your package, we will tell you about it before you
travel, if there is
time. Changes we will tell you about include:
- Change of your UK departure airport (although a change between London airports including
Gatwick, Heathrow, Stansted, Luton will not usually be considered significant).
- Significant change of your destination
- A change of more than 12 hours to the time you leave the UK or your destination
- If we downgrade your accommodation by one full Tour Operator rating
If you do not want to accept a significant change, which we tell you about before you depart,
we will, if we are able to do so, offer you an alternative package of equivalent or closely
similar standard
and price at no extra cost, or a less expensive package, in which case we will refund the
difference in price. If you do not wish to take the alternative we offer you, you can choose a
different package
offered for sale by us and pay, or receive a refund of, any price difference. Or, if you
prefer, you can cancel your Package and receive a full refund of any money you have paid to us,
except for any
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.
Unless the change is as a result of circumstances listed in the paragraph below headed
’Circumstances Beyond our Control’, we will pay you compensation. If you have not accepted the
change but
have accepted an alternative holiday, the compensation we will pay you will be nominal and will
be to compensate you for the inconvenience of having to make alternative arrangements but
otherwise
we will have no liability to pay you compensation. If you have accepted the change, again, the
compensation will be nominal unless, upon your return, you can justify to us that you suffered
an actual
loss as a result of the change we made to your holiday. If you have not accepted the change and
have accepted a refund of your holiday cost, the compensation will be a nominal sum designed
to
compensate you for your inconvenience of arranging for the refund and making any alternative
arrangements you subsequently make but otherwise we will have no liability to pay you
compensation.
A4. Minor Changes By Us Before Travel
Any change which we do not consider significant, is a minor change. We will endeavour to
tell you about a minor change before you travel but we are not obliged to do so and we will not
pay
compensation. The flights we offer are operated by a range of scheduled or charter airlines,
using wide or narrow body jet aircraft. It may not be possible at the time of booking to
specify the airline or
type of aircraft. Please note that two airlines may share the same services, therefore a flight
may not be operated by the airline whose designated code is shown on your itinerary and ticket.
We are
required to inform you of the identity of the airline operating your flight. Any changes to the
operating airline will be notified to you in all cases at check in or at the boarding gate. We
reserve the right to
change airlines or aircraft types at any time and changes of this type will not constitute a
significant change.
A5. Cancellation By Us
We can cancel your Package and any other Package we operate. On rare occasions, we may need
to cancel your Package if there is insufficient demand for your particular Package. If we have
to
cancel a Package for any particular reason, we will tell you as soon as reasonably possible. In
these circumstances, we will, if we are able to do so, offer you an alternative Package of
equivalent or
closely similar standard and price at no extra cost, or a less expensive Package, in which case
we will refund the difference in price. If you do not wish to take the alternative we offer
you, you can
choose another offered for sale by us and pay, or receive a full refund of, any price
difference.
Or, if you prefer, you can receive a full refund of any money you have paid to us, except for
any 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. However, we will not cancel your
Package within 10 weeks of departure except if we are forced to do so because of unusual
circumstances
we could not have foreseen, where we could not avoid the results of those circumstances even
after taking all reasonable care. (See 'Circumstances Beyond Our Control' below) No
compensation will
be payable in these circumstances, whenever they happen, and we will only have to offer you the
above choices. We can also cancel if you fail to make payment for your booking on time.
A6. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we will not pay any
compensation, reimburse expenses, or cover losses for any amount or otherwise accept
responsibility if we have to
change your Package after departure, or we, or our suppliers, cannot supply your Package, as
we, or they, had agreed, or you suffer any loss or damage of any description, as a result
of
circumstances beyond our control. When we refer to circumstances beyond our control, we mean
any event that we, or the supplier in question, could not foresee or avoid, even after taking
all
reasonable care. Such circumstances will usually include, but are not limited to, war,
terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and
significant building work
ongoing outside of your accommodation, which is not known to us in advance of your departure
date and building work from a third party (such as resort development).
A7. Changes Made After Travel
If, after your departure, a significant part of your pre-booked Package arrangements cannot
be provided, you will be offered a suitable alternative if possible. If appropriate, we will
also pay you
compensation in accordance with the table in the section entitled ‘Changes Made By Us Before
Travel’ unless the reason for the change is due to circumstances beyond our control (see
section
entitled ‘Circumstances Beyond Our Control’). If it is not possible to offer you a suitable
alternative or, for good reasons, you do not accept the alternative arrangements, you will have
the right to cancel
your booking. In this event, you will have the right to be returned by the same means of
transport to your original departure point at no extra cost provided that transport is
available. This does not
impose an obligation on us to make specific transport arrangements for you if none are
available.
A8. Flight Delays
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure
any delay is as short as possible. When a delay occurs we will try to make sure refreshments or
meals
are provided when appropriate.
We will not do this ourselves as such arrangements will normally be the responsibility of the
airline. If you have taken out our recommended travel insurance or a comparable policy you
should have
cover against delays.
A9. Our Liability to You
(i) Our obligations, and those of our suppliers providing any service or facility involved
in any of your Holiday, are to take reasonable skill and care to arrange for the provision of
such services and facilities and, where we or our supplier is actually providing the service or
facility, to provide them with reasonable skill and care. Compliance with any applicable
regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be
proper performance of our, and our suppliers', obligations. Conversely, however, reasonable
skill and care does not necessarily mean compliance with each and every local law and
regulation particularly where these impose absolute obligations. You must show that reasonable
skill and care has not been used if you wish to make any claim.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to
paragraph (i) above and (iv) below, should any part of your Package not be as described in this
Guide or
elsewhere by us before you leave the U.K. If we have liability, we will, subject to clause C9
and clause C12 below, pay you reasonable compensation. However, the maximum we will pay you in
any
circumstances is twice the price of the Package. This maximum will only be payable when every
aspect of your Package has gone wrong and you have not received any benefit from your
Package.
Any sums received by you from suppliers, will be deducted from any sum paid to you as
compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part
of your Package (excluding Resort Booked Excursions - see section C5 ‘Excursions’), we have
liability subject
to paragraph (i) above and (iv) below. If we accept liability, we will, subject to paragraphs
(v) and (vi) and clause C9 below, pay you reasonable compensation.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to
paragraphs (v) and (vi) and clause C9 below except where the cause of the failure in your
Package or any
death or personal injury you may suffer is not due to any fault on our part or that of our
servants, agents or suppliers, and is either attributable to you, or attributable to someone
unconnected with the
Package and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances
beyond our control, the consequences of which could not have been avoided even if all due care
had
been exercised, or an event which neither we, nor our servants, agents or suppliers could have
foreseen or forestalled.
(v) You are obliged to assist us in recovering from any third party any sum which may
compensate us for any sums we pay you. In particular, you are obliged to assign to us any
rights that you may
have against any other person whose acts or omissions have caused or contributed to our legal
liability to pay you compensation. You must also provide us with all assistance we may
reasonably
require. Finally, you must follow the procedures for the notification of complaints set out in
the clause below entitled “Complaints”. (vi) Should you become ill while on your Package, you
must, in
addition to reporting your illness to your accommodation provider, consult a local doctor and
also consult your GP upon your return to the UK. Should you then wish to make a claim against
us as a
result of that illness, you must provide us with details of both the local doctor whom you saw
and your GP, together with written authority for us to obtain a medical report from both those
doctors.
(vii) If you or any member of your party suffers illness, injury or death, through
misadventure, as a result of any activity which does not form part of your contracted Package
arrangements, we will
provide you with all reasonable assistance. This assistance may include our making a
contribution towards your initial legal costs in taking action against the person(s)
responsible providing you
request this within 90 days of the incident in question. All assistance (financial or
otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of
£5,000 per booking form. If
you are entitled to have any costs and expenses arising from such an incident met by or from
any insurance policy or if you obtain a costs order against anyone in relation to the incident,
you must
repay to us the costs and expenses we spend in assisting you.
(viii) Other than as set out above, and as is detailed elsewhere in these booking conditions,
we shall have no legal liability whatsoever to you for any loss, damage, personal injury or
death which you
suffer arising directly or indirectly from any aspect of your Package.
A10. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst
you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you
an alternative
return flight. We shall not be liable for any costs you incur in making your own return flight
arrangements if you have not given us the opportunity to arrange an alternative flight home for
you.
B. Single Components
The terms set out below, together with the terms set out in section C, apply when you book
individual travel components such as only a ‘Flight’ or only a ‘Hotel’. They apply whether you
book one
component or more than one component. Booking more than one component does not create a
Package.
B1. Price Changes
Price increases may occur any time prior to departure, you will be liable to pay any such
increases in full. If, before you book, we know of circumstances that may cause an increase in
the price of your
booking after you have paid, we will endeavour to provide details to you.
B2. Transfer of Bookings
In the case of a scheduled flight only booking, transfer to another person will involve
cancelling the original booking, thereby incurring any relevant cancellation charges and then
making a new
booking, which will be subject to availability and any additional price increase. Transfer of
any other type of booking is subject to the supplier’s own terms and conditions and the
applicable amendment
or cancellation charges as stated in section C.
B3. Our Liability to You
Our responsibility is to make arrangements for the provision by the relevant suppliers
(including air carrier of air transport, accommodation owner/supplier, car hire provider) of
the components you
book, but we do not have any responsibility for the operation of the component itself.
We have no liability to you for any dissatisfaction, loss of enjoyment, loss, injury or damage
which results from your use of the single component unless we have negligently failed to select
a normally
competent provider of the relevant component. Further, we have no liability to you in any event
for any consequential loss which you may suffer in relation to any arrangements which you book
to
coincide with the single component you have booked with us.
Please note, in the unlikely event of our collapse/insolvency, any money you have paid is not
protected by a scheme of financial protection. If this is important to you, we recommend you
book a
Package with us or obtain suitable travel insurance.
C. All Bookings
Before you book please visit our website or discuss your choice of destination,
accommodation and transport with our reservations staff or your travel agent, to make sure it
will be suitable for you and
the people you will be traveling with. Some travel and accommodation arrangements are only
available on a request basis - where this is the case you will be advised at the time you make
your enquiry
and details of the arrangements on request will be shown on any documentation we issue. Any
arrangements that we advise you are on request are not confirmed or guaranteed and are subject
to
change until we receive confirmation from our supplier.
C1. Your Holiday Booking
The person who signs the booking form or completes the booking online or by telephone is
the 'lead name'. He or she must be over 18 years of age and is responsible for payment of the
total booking
price, including any insurance premiums and subsequent cancellation or amendment charges that
may be payable. He or she also agrees to provide accurate and full information to the remainder
of
the traveling party in relation to the booking, including any changes thereto and confirms that
all the other members of the party, including any that may be added at a later date, agree to
be bound by
these conditions, and all other information in the relevant brochure and on our websites (as
applicable).
If you are making the booking on behalf of a minor, under the age of 18, who is not traveling
with a person 18 or over, we will only allow the minor to travel on the following terms: The
parent/legal
guardian must be present when the booking is made; the booking is subject to the minor
satisfying our suppliers conditions of travel (minimum age restrictions do apply and vary by
airline); The
parent/guardian will be required, as deemed appropriate by us, to; (a) sign a booking form, (b)
complete a letter of authorisation/consent for the minor to travel, (c) provide a photocopy of
the photo
page in the parent/guardian and minors passport, (d) pay any applicable charges/costs applied
by the airline. For all bookings as described in Section A and/or Section B above, a contract
will exist
between you and us when we issue a confirmation invoice/receipt/e-mail.
C2. Payment terms
If your booking is made more than 10 weeks before the intended departure date, you must pay
either: -
(i) the full fare (depending on the carrier's conditions for the travel arrangements in
question), or
(ii) a deposit as required by us and/or the supplier of the services for the arrangements in
question, the amount of which will be advised at the time of booking. You will be advised at
the time of
booking what payment is required for your particular arrangements. The balance of the cost of
your travel arrangements must be paid within 10 weeks before the departure date. If your
booking is
made within 10 weeks of your intended departure date, the total cost of your travel
arrangements must be paid at the time of booking.
PLEASE NOTE FAILURE TO PAY ON TIME WILL RESULT IN CANCELLATION.
If you are purchasing a travel insurance policy through us, the premium for this will also be
payable at time of booking.
C3. Special requests
If you have a special request for anything that is not automatically part of the travel
arrangements you book through us, please advise us when you book and we will pass this
information on to the
companies we work with. Our note of your request on your invoice/receipt confirms we have
received it and does not guarantee that we, or the relevant supplier, can meet your request.
Where
possible they will try to help you, but we cannot guarantee any request unless it is noted on
your invoice/receipt and we also confirm the request separately in writing. We must emphasise
that verbal
confirmations of special requests cannot be taken as a guarantee that they will be met e.g.
special meal types on flights.
C4. Insurance
You must take out adequate travel insurance suitable for your needs before you travel. We
cannot be responsible for any costs you incur as a result of you failing to do so. For your own
peace of mind
the insurance should cover you if you have to cancel your arrangements, or for any emergencies
that arise while you are away. We recommend the insurance we offer as it provides cover,
which
meets most people's needs. Please check your policy when you receive it and take it with you on
your travels.
C5. Excursions
Excursions include, but are not restricted to, any sightseeing trips, gigs, events or other
tours attended in resort for which additional payment is required. Excursions can either be
booked and/or paid
for in resort ("Resort Booked
Excursions") or pre-booked and paid for when you book your Holiday ("Pre-booked Excursions").
All excursions are supplied by third party suppliers and are subject to the clause C8. We
accept,
subject to clauses A9 and C8 entitled "Suppliers' Conditions" and "Our Liability to You" below,
responsibility for Pre-booked Excursions. However, Resort Booked Excursions do not form part of
your
Package and are not governed by the Package Travel, Package Holiday and Package Tours
Regulations 1992. We do not have any responsibility or liability whatsoever for anything which
may go
wrong on a Resort Booked Excursion. We, our servants, employees or agents are acting, depending
upon the actual Resort Booked Excursion, either as agents for the relevant Resort Booked
Excursion supplier or as agent for you. In any event the contract for any Resort Booked
Excursion is between you and the Resort Booked Excursion provider. It is your responsibility to
note carefully
any conditions of contract contained in any Resort Booked Excursion, literature, ticket or
receipt you are given. For Resort Booked Excursions you may be subject to the laws of the
country in which
you take your excursion and may be required to bring any disputes or claims before the Courts
of that country also.
C6. Changes you make before travel
If you want to change the arrangements you have booked in any way, we will try to help you,
although we cannot guarantee that we will always be able to do this as changes are subject to
availability
at the time and to the transport providers terms and conditions. Please note that typically
changes to scheduled flight tickets, ferry and Eurostar tickets are very restrictive. Where we
can make a
change, we will charge for any additional services, facilities, or other items changed, at the
price which applies on the day the change is made. In addition, we will also apply charges for
each person
on the booking and for each item you want to change as shown in the table below. Any booking
discount you may have received at the time the original booking was made, may be altered or
reduced
whenever changes are made. If you have paid supplements for accommodation and the number of
people in your accommodation changes, you may have to pay extra and may lose any free or
reduced infant and child places or any free group places. And remember any change to your
departure date, airport, transport, destination, accommodation, or length of holiday has to
apply to all
members of your booking.
Note: the transport provider may impose additional charges of up to 100% of the ticket cost,
such as when tickets have been issued; any such charges will be in addition to the
amendment fees listed above - see the Exception in the section "Cancellation By You"
below.
The costs shown are per change per person
Notice given more than 70 days
Transport (e.g. Air/Sea/Road/Rail) - £50 a change
Date of Travel (see Note 1) – Cancellation charges - see ‘Cancellation By You’
Destination Airport - £50 a change
Name Change (see Note 2) - £50 per name change
Accommodation - £50 a change
Optional Extras (see Note 3) - The greater of £50 or Loss of Deposit
Notice given 70 days or less
Transport (e.g. Air/Sea/Road/Rail) – Cancellation charges - see ‘Cancellation By You’
Date of Travel (see Note 1) - Cancellation charges - see 'Cancellation By You'
Destination Airport - Cancellation charges - see 'Cancellation By You'
Name Change (see Note 2) - £50 per name change
Accommodation - £50 a change
Optional Extras (see Note 3) - Cancellation charges - see 'Cancellation By You'
Note 1: In all cases a change to the outbound travel date, once confirmed, is regarded as a
cancellation and rebooking, not an alteration to the booking
Note 2: You are not permitted to change all the names on any booking and at least one of the
passengers (over 18) on the original booking must remain, unless you are prevented from
travelling for
reasons beyond your control and not simply from a change of mind. Some suppliers, particularly
airlines, may consider a name or other change to an existing booking, as a cancellation
and
rebooking, with up to 100% cancellation charges. If the services booked are dependent on a
minimum number of people using the service, we will have to recalculate the total cost if the
number of
passengers travelling has altered. The cost may therefore increase but as this is not a
cancellation charge, it may not be covered by your insurance.
Note 3: When we refer to 'Optional Extras', we mean anything you choose to add to your booking
that is additional to the inclusive transport and accommodation arrangements you book. For
example,
car hire, weddings or park tickets. If you cancel any Optional Extras for which there is a
cost, we will apply the charges above. If you cancel any Travel insurance you booked through us
your premium
will not be refunded, as cover under the policy will already have begun.
C7. Cancellation By You
The lead name on the booking must give notice to cancel in writing either to their travel
agent or to the correspondence address as stated on the invoice and the charges shown below
apply from the
date we receive the notice at our offices or the travel agent activates the cancellation. In
order to cover our expected losses from the cancellation of the booking there is a set scale of
charges which
must be paid by you if you or anyone traveling with you cancels. Note: These cancellation
charges apply to all bookings, except in circumstances where a booking includes items or
services where our
suppliers own cancellation charges exceed those shown above, as explained in the ‘Exception’
described below. In these circumstances any additional cancellation charges will be advised at
the time
of booking. Please ensure you are certain of the fees applicable to your booking by asking us
before proceeding to book your arrangements
Also note the ‘Exception’ described below which may apply in addition to the scale of
charges.
Time we receive your notice to cancel before departure Cancellation charge
(Package Holidays)
Cancellation charge
(Accommodation Only)
More than 70 days Loss of deposit Loss of deposit
70-57 days 30% cost of holiday (or loss of deposit if greater). 30% of accommodation cost (or
loss of deposit if greater).
56-29 days 50% cost of holiday 60% of accommodation cost (or loss of deposit if greater).
28-15 days 70% cost of holiday 80% of accommodation cost (or loss of deposit if greater).
14-8 days 100% cost of holiday 80% of accommodation cost (or loss of deposit if greater).
7-0 days 100% cost of holiday 100% cost of holiday
Also note the ‘Exception’ described below which may apply in addition to the scale of charges.
Other Travel Arrangements:- (apart from accommodation only) If you need to cancel you
must contact us. Cancellation charges vary depending on the services booked and will be higher
the later you
cancel and will be clearly stated at the time of booking. In all cases a minimum cancellation
fee of £50 will apply regardless of the value of the service cancelled.
If any member of the booking cancels and you cannot fill that person's place, you may have to
pay additional supplements for your accommodation. For example, you may have to pay single or
underoccupancy supplements. If you do cancel, you must still pay any insurance premiums and
amendment charges, which arose before the cancellation, and any deposits paid for any
pre-booked items or services.
‘Exception’: Cancellation of certain transport arrangements,
typically Scheduled airline, Ferry and Eurostar tickets can result in up to 100% cancellation
charges regardless of the notice period given
to us. We reserve the right to pass on these charges where they exceed our charges shown in the
table above. Similarly, name changes (including initial changes), destination and date changes
can
be treated by such suppliers as a cancellation and rebooking, regardless of the period of
notice given to us. If the supplier treats the change as a cancellation and rebooking we will
pass on to you the
cost imposed by the supplier, which could be up to 100% of the transport element of your
booking and you must also pay the charge listed in the section "Changes You Make Before You
Travel"
above. Also note that the transport provider may refuse to issue replacement tickets for lost
or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket
may be
greater than the cost of the original ticket.
C8. Suppliers’ conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and
you will be bound by these, so far as the relevant supplier is concerned. Our suppliers’
conditions will also
apply to your contract with us, and in the event of any conflict between the suppliers’
conditions and our conditions, the suppliers’ conditions will prevail, save to the extent that
any term in the suppliers’
conditions is deemed to be invalid or unenforceable, in which event our conditions will
prevail. Some of our Suppliers’ conditions may limit or exclude liability on the part of the
relevant supplier, and, by
virtue of their application to your contract with us, may also limit or exclude our liability
to you, and they are often subject to international conventions. Where relevant, copies of such
conditions may be
available for inspection at the office of the relevant supplier.
C9. International Conventions
If any international convention applies to or governs any of the services or facilities
arranged or provided by us, or provided by any of our suppliers, and you make a claim against
us of any nature
arising out of death, injury, loss or damage suffered during or as a result of the provision of
those services or facilities, our liability to pay you compensation and/or the amount (if any)
of compensation
payable to you by us will be limited in accordance with and/or in an identical manner to that
provided for by the international convention concerned (in each case including in respect of
the conditions of
liability, the time for bringing any claim and the type and amount of any damages that can be
awarded). International Conventions which may apply include: in respect of international air
travel, the
Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the
additional Montreal Protocol of 1975 or the Montreal Convention 1999); in respect of rail
travel, the
COTIF Convention concerning International Carriage by Rail 1980 (as amended); in respect of
carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva
Convention
1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant
conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as
having
all benefit of any limitations of compensation contained in any of these conventions or any
other international conventions applicable to your travel arrangements.
C10. Baggage
The amount of compensation we will pay for any loss or damage to luggage is limited in
accordance with the conventions listed in the above section. For claims for missing or damaged
baggage you
must follow the rules on the back or your ticket or contained within the carrier’s conditions
of carriage. Please note time limits apply within which to notify us or the carrier and make a
claim. We will not
accept liability for high-value items which you should insure for the appropriate amount.
C11. Flight and Other Travel Timings
Flight timings are provided by airlines and are subject to Air Traffic Control
restrictions. All means of transportation are subject to weather conditions and the need for
constant maintenance and the
ability of passengers to check in on time. There is no guarantee that transport will depart at
the times stated on any itinerary or tickets which you receive. All timings are estimates only,
and we do not
have any liability to you for any delay, which may arise, or for any schedule
alterations.
C12. Denied Boarding
Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied
by any carrier in circumstances which would entitle you to compensation under the Denied
Boarding
Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those
Regulations from the carrier. Any sums received by you in this respect constitute the full
amount of your
entitlement to compensation for all matters flowing from the carrier’s actions and which fall
within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim
against the carrier
and make a claim for compensation from us, you must, at the time of payment of any compensation
to you , make a complete assignment to us of the rights you have against the carrier in
relation to
the claim that gives rise to that compensation payment.
C13. Complaints
We aim to provide the best holiday possible. However, if you are not satisfied please
complain as soon as possible to the relevant person (for example, the accommodation management
or transport
supplier). If they cannot help, you must tell your holiday Representative or our Local Agent
and we will do everything reasonably possible to sort the problem out. If you are still not
satisfied, ask your
holiday Representative or our Local Agent for a Customer Relations Report Form. If you do not
have the services of a Representative or our Local Agent, or they are not available, you must
contact
our UK Duty Office (on the number shown on your travel documentation) straight away. When you
get back home, send a letter (and where possible, enclose your completed Customer
Relations
Report Form), to our offices in the UK, within 28 days of returning home. If you have special
needs that prevent you from writing to us then, where possible, we will accept details of your
complaint over
the telephone. For complaints arising from Scheduled airlines, we will act as a liaison between
you and the airline, to try to assist in resolving the problem. If we cannot help and you wish
to take
matters further, you must contact the airline directly.
The address to send your completed form and covering letter to is:
Customer Relations Department, Thomas Cook, 2/4 Godwin Street, Bradford, BD1 2ST
Register your complaint online: www.thomascook.com/customer-relations
We would point out that failure to follow the above procedures during your holiday, and/or
failure to complain within 28 days of your return, may reduce or extinguish any rights you have
to claim
compensation from us, or from any relevant supplier. Any such rights will be reduced or
extinguished if, had you followed the above procedures during your holiday, you or we could
have taken steps
to reduce any loss or damage suffered or entirely prevented it from being suffered.
It is difficult and sometimes impossible to properly investigate a complaint if we are not told
about it reasonably quickly once the holiday is over. Your right to claim compensation may also
be reduced
or extinguished, should any delay in your complaint being notified during or after your
holiday, prevent us from carrying out a proper investigation.
We aim to resolve all complaints ourselves, but if this is not possible your complaint can be
considered under a scheme devised by ABTA and administered by CEDR Solve. We will give you
details of this scheme if you ask. The scheme does not apply to claims over £25,000 in total or
more than £5,000 a person, or to claims mainly about illness or injury. To take advantage of
the scheme you must contact the CEDR Solve within 18 months of returning from your Holiday.
C14. Travel Documents And Health Advice
It is your responsibility to have valid travel documents. If we or your carrier are fined
as a result of you holding incorrect documents, you will have to pay us the full amount. For up
to date UK
Government health & travel advice please visit www.fco.gov.uk, www.hpa.org.uk and
www.nathnac.org and contact your GP. See our Holiday Information pages and website for further
information.
C15. Information Accuracy
We publish brochure and website information many months in advance and, as far as we know,
all information is correct at the time of publication. However, things may still change after
publication
and we check regularly to see if we need to update or correct any information or prices. If
there are any significant information changes or we find any mistakes, we will put details on
our computer
reservation system or website so you will receive the latest information when you make your
booking.
Descriptions of accommodation, facilities and services we provide are based on information
obtained from our suppliers. Sometimes the facilities described will be withdrawn for reasons
such as
maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about
significant changes to descriptions or about the withdrawal of any significant facility, we
will tell you as
soon as possible. Some activities or facilities, water-sports for example, may not be available
all year round. There may be a charge for some facilities, for example, TVs, safety deposit
boxes, sunloungers,
parasols, tennis courts, pool tables and air-conditioning. In some places during high season
(and even at other times) there is a possibility you will be disturbed by noise from less
considerate
groups, so please bear this in mind when choosing your destination and accommodation. Any
transfer times we quote for travel between airport and resort are approximate and, depending
on
circumstances, the journey time to your own chosen property may be longer.
C16. Data Protection
By making a booking with us, you agree we may use and disclose the information you provide
for the following purposes: to enable us to process your booking (which will include passing
your
information to third party suppliers, such as hoteliers and airlines, and may involve sending
your information to countries that do not have an equal level of privacy legislation to that in
the UK); for
market research and analysis purposes; for improving customer service; for the detection and
prevention of fraud or other crime (which may include providing your information to
organisations such as Banks and credit card companies); for compliance with legal requirements
(which will include passing your information to public authorities such as customs and
immigration) and for marketing contact
by means of post or telephone to provide you with offers, products and services from companies
within the Thomas Cook group and carefully selected third parties. If you purchase travel
insurance
from us, we will need to pass your personal data (including sensitive personal data and
personal/sensitive data relating to other members of your travelling party) to the insurance
company.
Telephone calls to/from ourselves may be recorded for training and quality purposes and for
preventing/detecting crime. If you have booked with us via our web site, or if you have chosen
for us to
contact you by e-mail, we will communicate with you using the e-mail address you have provided
to supply you with your travel documentation. We are entitled to assume that the e-mail address
you
have provided is correct and that you understand and accept the risks associated with using
this form of communication. Please note that you may still need to contact us by post or via
our call centre
as required by our booking conditions. If you wish to make a data subject access request for a
copy of any personal data we hold on you, please write to: The Company Secretary, Thomas
Cook
Group UK Ltd, UK Legal Department, Unit 17 Coningsby Road, Peterborough, PE3 8SB. If you wish
to opt out of receiving marketing communications from us, please advise one of our sales
consultants or make the appropriate opt out choices on the website when you book.
C17. Your Responsibility
We want all our customers to have an enjoyable, carefree Holiday. But you must remember
that you are responsible for your actions and the effect they may have on others. If we, or
another person in
authority, believe:
- your actions could upset, annoy or disturb other customers, our suppliers or our own staff,
or put them in any risk or danger, or damage property; or
- - you are unfit to travel; we may end your Holiday and terminate your contract. You and your
traveling party will be prevented from using your booked accommodation, transport, and
any
other Travel Arrangements forming part of your booking and we will not be liable for any
refund, compensation or any other costs you have to pay. Alternatively at our discretion, you
may be
permitted to continue with your Holiday but may have additional terms of carriage imposed upon
you. See 'In-Flight Safety in the All You Need To Know/Holiday Information sections of
the
relevant brochure and on our websites for further details.
In addition to the above and the effect your actions may have on others, you must particularly
also bear in mind that you are responsible for your safety, and that you are responsible for
the condition of
the property you occupy. We are not responsible for any accidents which occur in or around
swimming pools due to your inappropriate, or irresponsible behaviour, or for any accidents
which occur
anywhere on properties because of glass, china or the like which you have broken and/or have
left in a way in which injury can result.
We expect that you will enjoy your holiday with us. We appreciate that you may well drink
alcohol as part of your enjoyment. You must, however, do so responsibly and we will have no
liability to you
for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or
partly by alcohol.
We will hold you and the members of your traveling party jointly and individually liable for
any damage to the accommodation, furniture, apparatus or other materials located within the
accommodation,
together with any legal costs we incur in pursuing a claim. It is your duty to report any
breakages, defects or damage to an appropriate person immediately.
If your behaviour or the behaviour of any members of your traveling party causes any transport
aircraft to be diverted we and/or the carrier will hold you and those members jointly and
individually liable
for all costs incurred as a result of that diversion.
We cannot accept liability for the behaviour of others in your accommodation or flight, or for
any facilities/services withdrawn as a result of their action.
Thomas Cook Scheduled Tour Operations Limited, The Thomas Cook Business Park, Coningsby Road,
Peterborough, PE3 8SB. Registered in England No. 960252
