Terms and Conditions
One of the bad things about the travel industry is the reams of terms and conditions attached to bookings. The reason for this is that you, the client, are actually incredibly well protected under EU and UK law when you a holiday through a UK tour operator such as Fleewinter (in fact you’d be crazy to book any other way….) and we have to be very clear with T&C’s to ensure that everyone knows where they stand. Now, we-know-that-you-know-that-we-know the chances of you wading through the T&C’s before booking is minimal, but below are 3 points you definitely should take note of and then under that is the small print. Do call us if anything needs more explanation.
Three Points should Definitely Read
1. All the money you pay us is fully protected unlike if you book accommodation directly. We are members of ABTA which means should anything happen to us you will still be able to take your holiday or get your money back. Most travel companies offer this protection for flight-inclusive packages but with ABTA we go further and even if you just book accommodation or car hire with us, you are still protected.
2. The second point is we have a strict cancellation policy and it is not guaranteed that we’ll be able to refund deposits if a holiday is cancelled. The reason for this is that we work with small hotels and single villas and, unlike a room in a large hotel, it is very difficult to re-allocate the booking if it is cancelled. It is therefore very important that you take out holiday insurance that covers cancellation as soon as you have booked .
3. Finally, most of our accommodation providers are small privately owned properties and specifications vary property to property and over time. In fact standards and attention to detail are very high but it is important that you ask us to confirm a feature that is important to you. This may be a simple question as to whether hair-dryers are available (they usually are) or an important point like the protection around a swimming pool for children. We have hundreds of properties on our database and whilst we know most of them personally it is impossible to keep completely abreast at a given point in time. We will however also be happy to check a particular point and on occasion will even get one of our ground team to make a special visit to confirm.
Full Terms and Conditions
- A non-refundable deposit will be required to secure all bookings.
- Deposit payment must be received within the timeframe given, or the quote and any provisional booking will lapse. In the case where special terms apply or a late booking is being made, then the full payment may be required to confirm the booking.
- A binding contract will come into existence between Fleewinter Ltd and the person making the booking on receipt of all payments referred to above within the quotation validity period. This contract will be governed by English law and any dispute which arises will be subject to the exclusive jurisdiction of the Courts of England and Wales.
- Balance payment must be received by us within the quoted timeframe and should money not be received in the time stated, the booking may be treated as cancelled.
- No payments are refundable.
- Clients are responsible for adding any relevant fees for payments and bank charges, including for international bank transactions, so we receive the money owed in full.
- A breakage deposit may be required either in the form of a pre-payment or a credit card mandate. Customers should leave the accommodation as they found it, in a tidy and orderly fashion, and are liable for breakages and damage caused during their stay, including but not restricted to the value of any breakage deposit.
- Whilst every effort is made to keep accommodation details up to date, individual owners may make alterations and improvements as they see fit. Customers are advised to seek confirmation for specific aspects that are important to them. Fleewinter undertakes to inform clients of significant changes in the specification or configuration of holiday accommodation sold. Fleewinter reserves the right to make changes to confirmed arrangements.
- Properties are maintained to the custom and practice in the country where they are located and may not conform to standards in the UK or country of residence of the client.
- Should an unavoidable problem occur with any accommodation booked, we reserve the right to provide alternative accommodation. Alternative accommodation will be of a similar standard where possible, although at busy times options may be limited and parties booking several rooms may need to be separated if no other options are available.
- No liability can be accepted and no compensation will be paid where the performance of our contractual obligations or those of any supplier are prevented or affected by any event or circumstances which we or the supplier concerned could not, even with all due care, foresee or avoid. Such events include adverse weather conditions, fire, civil strife, actual or threatened terrorist activity and all similar events outside our control.
- Where a claim can be established against us in relation to any flight organised by Fleewinter, our maximum liability will be no greater than that of the airline concerned in relation to the claim in question, in accordance with the applicable international convention (for example, Warsaw Convention as amended or unamended? or Montreal Convention). If the airline has no liability under the applicable convention for the claim in question, we will have no liability either.
- If you have a complaint of any nature, you must inform the accommodation provider or other supplier as soon as it arises. If it cannot be resolved straightaway, you must also contact Fleewinter. If you remain dissatisfied, you must write to us with full details within 28 days of the end of your holiday giving us full details. If you fail to follow these procedures, any right you may have had to claim compensation may be affected or even lost as a result.
- Clients must take out adequate travel insurance suitable for their particular requirements and provide proof of insurance on request.
- Clients must ensure they have valid travel documentation and visas. We recommend you ensure passports have at least 6 months validity after the travel period and at least two blank pages.
- If any member of your party has any medical problems or disability which may affect your holiday, please tell us, giving full details, before making your booking so that we can endeavour to advise you as to the suitability of particular arrangements.
- 17.Trip participation and client responsibility. You agree to accept the authority and decisions of our employees, trip Leaders and agents whilst on holiday with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, a yacht captain, an airline pilot or hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense.
- Fleewinter Ltd complies with UK law on the sale of holidays and acts as a principal not an agent, and so takes full responsibility for delivery of services to clients
- ABTA provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Fleewinter, and in the event of their insolvency, protection is provided for the following:
- Non-flight packages commencing in and returning to the UK;
- B. Non-flight packages commencing and returning to a country other than the UK;
C. Flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK;
D. Additional services provided.
A, B, C and D provide for a refund in the event you have not yet travelled. A and C provide for repatriation. Please note that bookings made outside of the UK are only protected by ABTOT when purchased directly with Fleewinter.
Our ABTA membership is Y6156 and more information can be found at www.abta.com.
- Packages including flights organised by Fleewinter Ltd will be ATOL protected as we hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority. Our ATOL number is 9659. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. Please see www.atol.org.uk for more details.
- Holidays sold as separate elements will not be counted as packages and clients’ rights may be affected. Please contact us for clarification if you are at all unsure.
Additional Conditions for ATOL protected flights
- All the flights and flight-inclusive holidays provided by Fleewinter are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL certificate go to www.atol.org.uk/ATOLCertificate.
- In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list can be inspected at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm .
- In accordance with EU Regulations we are required to advise you of the carriers (or, if the carriers are not known, the likely carriers) that will operate your flights at the time of booking. Where we are only able to inform you of the likely carriers at the time of booking, we shall inform you of the identity of the actual carriers as soon as we become aware of this. Any change to the operating carriers after your booking has been confirmed will be notified to you as soon as possible.
- We are not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your flight. The flight timings and types of aircraft detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched – we will contact you as soon as possible if this occurs. Any change in the identity of the carrier, flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
- When you buy an ATOL protected flight, or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
- We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will 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 will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
- If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.