Online Booking Terms and Conditions
1. Our Agreement With You
2. Financial Protection
3. Deposits and Payments
4. Cancellation by You
5. Alteration by You
6. Cancellation by Us
7. Alteration by Us
8. Changes in Price
9. Our Liability
10. Complaints Procedure
12. International Conventions
14. Data Protection Act 1998
15. Important Information
1. OUR AGREEMENT WITH YOU
By making a booking through netflights.com website, you will be entering a contract with Gold Medal Travel Group PLC (“we”, “us” and “our”),. Please read these booking conditions carefully, as they set out the terms and conditions of that contract. Please note that these booking conditions do not apply to bookings made over the telephone – please see below. The contract shall be governed by the laws of England and Wales and any dispute will be dealt with in the Courts of England and Wales. If you live in Scotland or Northern Ireland you may take legal action in their Courts. Our obligations to you will vary depending upon, whether what you book with us is a "Package" (as defined below) or a "Single Component" (as defined below), and the differing obligations are set out below. Some sections of our conditions apply equally to Package bookings and Single Component bookings.
A "Package" exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty four hours or includes overnight accommodation:- (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package. Please note that a transfer, when combined with a flight or accommodation, does not create a package.
A “Single Component” is an individual item provided by our suppliers, such as a flight on its own, accommodation on its own, or car hire on its own. Where you book a Single Component and then go on to add another Single Component to compliment the first booking, this is a non-Package booking (unless both Components were booked within a day of each other and meet the other criteria, above).
Where you make a booking over the telephone, you will be entering into a contract with Travelbag Limited, trading as Netflights Holidays. The booking conditions that will apply to your telephone booking can be found [here]. Please read the booking conditions carefully before booking your holiday with Netflights Holidays, as they will be binding on you from the moment you make your booking.
2. FINANCIAL PROTECTION
Not all of our travel arrangements include financial protection, please read the following information carefully:
Airline Failure Protection you may choose to add Airline Failure Protection cover (“AFP”) to your booking so that in the event the Airline on which you are due to travel ceases to trade, we are able to arrange alternative flights (if available), or issue you with a refund, as appropriate. Please note that AFP is only required for Flight-Only bookings. If you add AFP cover for a package booking, you may contact us at [email protected] for a refund of the AFP cost. If the Airline that you are due to travel with ceases to trade, we are able to arrange alternative flights (if available), or issue you with a refund, as appropriate.
a) Package Holidays;
The flight inclusive package holidays provided by us are financially protected by the ATOL scheme, since we hold an ATOL granted by the Civil Aviation Authority. Our ATOL number is 2916. When you buy a package holiday from us on or after 1 October 2012 you will receive an ATOL Certificate which lists the travel services included in that package holiday that are financially protected, where you can get information on what this means for you and who to contact if things go wrong - see www.atol.org.uk for more details. We will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative in accordance with our contractual/legal obligations to you). In the unlikely event we are unable to do so due to our insolvency, an alternative ATOL holder may provide you with the travel services you have purchased at no extra cost to you. You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it may not be possible for the CAA to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or against your credit card issuer, where applicable). For further information visit the ATOL website at www.atol.org.uk. Where you book with us via a travel agent, payments you make to that agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pass on such payments to us for so long as we do not fail. In the unlikely event of our failure, any of your payments held at that time by the agent or any payment subsequently accepted from you by the agent, is and continues to be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
b) Single Components
Flights on netflights.com If you book a flight on our website and pay in full at the time of booking, we will issue your flight tickets immediately. This will provide you with the security of knowing you have a valid ticket for travel even in the unlikely event we cease to trade. This means your airline ticket does not need to be ATOL protected by us.
Accommodation only or Car Hire only These are not subject to a scheme of financial protection. If this is important to you, we recommend you obtain suitable travel insurance to provide cover for these arrangements. You may also have some protection if you book and pay with a credit card.
3. DEPOSITS AND PAYMENTS
You must be 18 years of age or over to make a booking with us and the lead named passenger accepts these terms on behalf of everyone in your party.
(a) Package Holidays
When making a booking you must pay a deposit. This amount will depend on the type of service being booked and will be advised at the time of booking. When we have received your deposit we will issue a confirmation invoice, after which a contract exists. Please check all the documents carefully and notify us of any inaccuracies within 72 hours of receipt. If you do not contact us within 72 hours of receipt we cannot accept any liability for errors made by us. We will endeavour to assist in all cases but if you make a mistake we will pass on any costs incurred to rectify the error. We will require payment of the remaining balance as shown on your confirmation invoice not less than 10 weeks before your departure from the UK. If you book within 10 weeks of departure from the UK we will require full payment at the time of booking. Should you fail to pay the money when it is due we reserve the right to cancel your booking and retain the deposit that has been paid or pass on any increase if applicable. Travel documents will not be released until we have received full payment.
(b) Single Component
For a Single Component, full payment is required at the time of booking.
4. CANCELLATION BY YOU
If you need to cancel a confirmed booking you must contact us. We are able to provide cancellation quotes via email, however, to process a cancellation you will need to speak directly to one of our Customer Service team who will be able to advise the exact cost at the time of cancellation. We are unable to process cancellations via email. If you have purchased our insurance you may be able to claim for the charges we impose. Refund enquiries will only be considered within 6 months of final travel date. If travel dates are changed to a later date, the cancellation fees will be applied in accordance with the original travel dates booked. Should you cancel your confirmed booking or part of your booking, then the following cancellation charges will apply:
a) Package Holidays;
More than 70 days prior to departure deposit only.
70 - 57 days prior to departure 30% cost of the holiday (or loss of deposit if greater).
56 - 29 days prior to departure 50% cost of the holiday (or loss of deposit if greater).
28 - 15 days prior to departure 80% cost of the holiday (or loss of deposit if greater)
14 days prior to departure or less 100% cost of holiday.
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. In these circumstances any additional cancellation charges will be advised at the time of booking.
b) Single Component;
If you need to cancel you must contact us. We are able to provide cancellation quotes via email, however, to process a cancellation you will need to speak directly to one of our Customer Service team who will be able to advise the exact cost at the time of cancellation. We are unable to process cancellations via email.
Car Hire bookings only: Cancellation is free of charge up to 48 hours prior to pick-up, any cancellations within 48 hours will be subject to a 100% cancellation fee.
Except for Accommodation only: Cancellation charges vary depending on the services booked and will be higher the later you cancel and will be advised at the time of booking. In all cases a minimum cancellation fee of £50 will apply. Many of our flight fares are subject to airline terms which mean they have no refund value at all if cancelled. Please check with us before booking.
Please note that where an outbound portion of your flight coupon is not used, the return sector will be automatically cancelled by the airline and will be classed as void. No automatic right to any refund exists for part-used tickets.
*Please note some airlines will class the booking as a No-Show and levy 100% cancellation penalty if cancelled within 24 hours of departure. Should you fail to travel on all flight sectors as booked, the airline will cancel all remaining flights and will class the booking as a no-show. In these instances, 100% cancellation policy would apply*
For Accommodation bookings only:
More than 70 days prior to departure deposit only.
70 - 57 days prior to departure deposit only.
56 - 29 days prior to departure 60% of the total cost (or loss of deposit if greater).
28 - 15 days prior to departure 80% of the total cost (or loss of deposit if greater).
14 days or less 100% cost or accommodation.
5. ALTERATION BY YOU
a) A Package Holiday;
If you wish to make a change to a confirmed booking please contact us. More than 70 days prior to departure changes will incur a minimum charge of £50 per person per change. If airline tickets have been issued, there may be additional charges incurred in amending the flights. These charges will be notified to you at the time of your request. In some cases this may be the full cost of a new ticket. Within 70 days of departure any changes will be treated as a cancellation and will be subject to the charges shown in Section 4. If your alterations are considered a rebooking, the price payable will be the price current on the day of alteration.
If you are prevented from taking a package holiday we will endeavour to arrange a change of name, provided you tell us at least 21 days prior to departure, provide evidence of your inability to travel and pay the cost of the changes. We will charge £50 per name change in addition to any charges levied by the service providers, for example the full cost of a new airline ticket (subject to availability).
b) Single Component
In these circumstances we will charge an amendment fee of £50 per person plus any amendment fees charged by our suppliers. If the prices charged have changed since booking you will be charged any additional amounts.
Car hire only: Amendments are free of charge up to 48 hours before collection.
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. 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. No refunds can be given for part used or unused services. If you cancel any travel insurance you booked through us your premium will not be refunded, as cover under the policy will already have started.
6. CANCELLATION BY US
a) Package Holidays;
We aim to provide the travel arrangements you have booked without any changes. However if you do not pay the balance when due or where there are not enough people booked on the holiday for it to operate we may have to cancel it. We also reserve the right to cancel your holiday in any circumstances but will not do so within 10 weeks of departure, except for reasons outside our control. If we have to cancel for any other reason we will offer you an alternative holiday if available, compensation where appropriate or a full refund, less any amendment and handling fees.
Compensation will not be payable when the cancellation is due to events beyond our control (force majeure), such as war, threat of war, riots or disturbances, terrorist activities, industrial disputes, fire, nuclear or natural disasters, health risks, problems with transport, severe weather conditions or any other similar events.
b) Single Component;
In the unlikely event that a booking or part of a booking has to be cancelled, for any other reason than non-payment, then a full refund for that part will be made of all monies paid on receipt from the supplier, less any amendment and handling fees. We will consider a refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Where the booking includes sports or entertainment tickets and the event is cancelled you may not be able to cancel the remainder of your booking without penalty.
7. ALTERATION BY US
a) Package Holidays;
Although it is unlikely, we may unfortunately have to make changes to your travel arrangements and we must reserve the right to do so. We will inform you of any major changes at the time of booking, or as soon as possible afterwards if you have already booked. If a major change is necessary, such as an alteration of your outward/return flights by more than 12 hours, change of resort, or reduction in standard of your accommodation, you will be offered the choice of:
- (i) accepting the change
- (ii) accepting an alternative, if available
- (iii) receiving a full refund of all monies paid, less any insurance premium or alteration costs already incurred. If the alteration results in a reduction in the total cost of your travel arrangements, we will make an appropriate refund. We will offer appropriate compensation for the change imposed providing that it does not arise from circumstances outside our control.
b) Single Component;
If we are notified of a change to your travel arrangements we will endeavour to pass details on to you before you travel. We recommend once you have departed the UK that you check directly with your airline or view your scheduled flight details on www.checkmytrip.com for any schedule changes. In the case of "no-frills" airlines you should check their own website. If you have had a major change with a scheduled airline that is not acceptable we will offer you an alternative if available, or a full refund for that service, subject to supplier conditions, less insurance premiums and Airline Failure Protection where applicable. In the case of "no-frills" airlines alternative flights or a refund may not be available. If your chosen alternative costs more, you must pay the difference.
Whilst we have worked diligently to provide accurate and complete information, we cannot be liable to any person for any loss or damage which may arise directly or indirectly from the use of this website (or any inability to use it) or any of the information contained on this website. This website and the information and material which it contains are subject to change without notice. Every effort is made to ensure the accuracy of all information and prices, but regrettably, errors do occasionally occur. Where a price is incorrect due to system error we shall not be bound by such price and we reserve the right to cancel any such booking. All warranties, whether express or implied as to the accuracy or completeness of the information contained on this website or in respect of any materials or products referred to on this website are hereby excluded to the fullest extent permitted by law.
8. CHANGES IN PRICE
a) Package Holidays;
The prices shown are correct at the time of publication. You will be notified of any changes to these prices at the time of booking, and our website will have the up to date price. We reserve the right to increase the price after booking if any increase in price occurs in respect of:
- (i) air fares or other transport costs
- (ii) taxes or duties payable, including new taxes introduced by any government
- (iii) adverse changes to currency exchange rates.
In all cases we will pay any increase that is less than 2% of your package holiday cost, not including insurance premiums or amendment fees but increases in excess of 2% will be payable by you. If the cost of your holiday increases by more than 10% you may decide to cancel the holiday and have a full refund, except for the insurance premiums or amendment fees paid after booking. If you want to cancel you must tell us within 14 days of being advised of the increase. In return we will not change the cost of your holiday within ten weeks of departure. Where our costs fall by more than 2% after the package has been bought we will pass onto you any benefit and reduced costs to ourselves as a result of changes to the items listed above.
b) Single Component;
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.
Please note that our prices are based on bookings made by UK residents only. If you are not a UK Resident, you may be liable upon check-in/check-out for additional charges. We will not be liable for such additional charges. For the avoidance of doubt, if you have a GCC visa, you will be classed as a non-UK resident for the purpose of this clause.
9. OUR LIABILITY
a) Package Holidays;
Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, 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. For claims which do not involve death or personal injury, if we have liability, we will, subject to any applicable International Convention pay you reasonable compensation. We do not accept liability 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. 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 and provide us with authority to obtain medical reports. 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. 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.
b) Single Component
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.
Adequate travel insurance is essential. We have various policies available. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
10. COMPLAINTS PROCEDURE
If you are not satisfied with your holiday, 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 our Local Agent and if you are still not satisfied, 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 to our offices in the UK or contact us using the following email address: [email protected], within 28 days of returning home. The address to send your complaint and covering letter to is: Customer Relations Department, Netflights, The Trident Centre, Port Way, Preston, PR2 2QG. 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. In the event that your complaint remains unresolved following our complaints procedure, you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr. We are a member of ABTA, membership number C8257. 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. . 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.
We reserve the right to refuse to accept you as a customer or to continue dealing with you if your behaviour is disruptive or threatening to our staff or suppliers in the UK or abroad. Additionally, airline pilots have the right to refuse to allow you to board an aircraft and if this occurs or we consider your behaviour to be unacceptable, your booking will be cancelled with immediate effect and we shall have no further liability to you. If you are overseas, you will be responsible for your own return home and that of any of your party. If you or any person travelling with you causes damage or injury to any property or person or cause a delay or diversion of any aircraft or other form of transport, you agree to compensate us or the supplier affected for any losses and expenses incurred, including legal expenses.
12. 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 carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. 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. 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.
Please note that our prices include the airline basic baggage allowance, if any, but many airlines Including all "no-frills" airlines now charge additional fees for the carriage of baggage. These fees must be paid prior to departure of your flight direct to the airline or to ourselves. Please ask for further information in relation to your flight.
14. DATA PROTECTION ACT 1998
Please visit our website for details of our Data Protection policy. This provides full details on how we use the information you provide to us, including who this is provided to and why. Also how we use any personal data (including sensitive date) you provide to us in connection with a travel insurance product. Telephone calls to our offices may be recorded for training and monitoring purposes. 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. For details on how to make a data subject access request or to opt out of receiving marketing communications visit our website or ask for details.
15. IMPORTANT INFORMATION
Travel Documents, Health Advice & Passengers requiring Special Assistance:-
All passengers must have valid, acceptable passports, any required visa, any other documentation for both the final destination and any stop-off points en-route. 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 health, travel advice and entry requirements visit www.fco.gov.uk, www.hpa.org.uk and www.nathnac.org and contact your GP. Please contact our sales department to discuss your requirements prior to making your holiday reservation so we can recommend suitable accommodation and transportation. We will also advise the airlines of any assistance required during your flight.
We can pass on any special requests to the relevant supplier but this does not mean that we or the relevant supplier can meet your request, even where the request is noted on your invoice. Verbal confirmation of a special request cannot be taken as a guarantee that they will be met. We cannot guarantee any request unless it is noted on your invoice and we also confirm the request separately in writing to you.
Some flight segments showing one flight number may require a change of aircraft or touchdown en-route. Some flight routings via the USA may also require customs and immigration clearance at the first arrival airport.
Overseas Departure Taxes:-
Many countries impose airport or departure taxes. Where these can be paid in advance, the cost will be included in the ticket price quoted. Other taxes may be payable in cash at the destination.
We cannot guarantee the type of beds provided, only that the room will be large enough to accommodate the number of passengers booked. A third or fourth person in a room may have to share existing beds or use a roll-away or camp style bed, as such space may be limited and you may wish to consider booking an additional room.
Frequent Flyer Schemes:-
Not all airline tickets sold by us are eligible for mileage/points accrual. We strongly advise that you check with the airline(s) concerned regarding the use of frequent flyer membership(s) before proceeding with your booking. We will not compensate if you are unable to redeem your miles.
Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list en.htm) detailing air carriers that are subject to an operating ban within the EU Community.
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