These Booking Conditions, together with our privacy policy and where your booking is made via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract for with ATD Travel Services Ltd trading as Themeparkbeds.com of 171E Wingate Square, London, SW4 0AN (0203 195 1195; [email protected]) (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. By making a booking, you agree to be bound by all of them. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. A ‘package’ has the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018 and ‘arrangements’ are all the hotel, ticket and other arrangements detailed on your confirmation (including any additions or amendments). You must be 18 years old at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.
Special Note: These booking conditions will not apply to your booking if you have booked services with another company who has agreed to sell those services to you in its own name. In that event, the booking conditions of that company will apply to your booking and we will have no liability to you in respect of that booking under these terms or otherwise.
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 10.
1. Our agreement
A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t.
Certain Disney Resorts can only be firmly booked 11 months in advance of your proposed check-out date. If you are making a booking including one of those Disney Resorts during that time period, you will be given an option to pre-register at the time of booking. In this case, we will issue a pre-registration invoice setting out the details of your pre-registered booking and we will take a deposit however your booking will not be confirmed and no contract will be in place until we issue our full confirmation. If for any reason we are unable to confirm the booking within 11 months of your proposed check out date, we will contact you immediately and will refund any money you have paid in respect of your pre-registration. We will have no other liability and will not be responsible for refunding any other associated costs incurred and once we issue our confirmation any changes or cancellations by you will be subject to our usual charges in clause 7.
The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
The key terms of our agreement are:-
- You will enter into a binding contract with us when we issue our confirmation. If you then cancel your arrangements, you will be required to pay cancellation charges up to 100% of the cost of it, depending on how long before travel you cancel;
- You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
- We may make changes to and cancel your confirmed arrangements but we will provide suitable alternatives and pay you compensation in certain circumstances if we do so;
- We are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.
2. Payment
When we accept your booking, you must make payment to us in the sum of £100 per booking; or if booking 12 weeks or less before departure, the full balance of the cost of your arrangements. In any event, the full balance is due no later than 12 weeks before departure. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable. Any money paid to an authorised agent of ours is held by that agent on your behalf following confirmation of your arrangements until 12 weeks before you are due to commence your arrangements, after which it will be held on our behalf until it is paid to us or refunded to you.
3. Insurance
It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available by contacting insurango.com. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Special requests
Special requests relating to your arrangements must be advised to us in writing at the time of booking. Whilst we will try to meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation or any other documentation do not amount to a promise to meet that request. A failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
5. Disabilities and medical problems
We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen package, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the package taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
6. The price you pay
All prices are quoted in £s sterling (for Uk agents) or €s Euros (for Irish agents). The prices quoted, shown on our website and in supplementary promotional material, apply at the time of publication, but are subject to change without notice. The price of your arrangements will be confirmed on booking and once you have paid for your arrangements in full or paid a non-refundable deposit on a booking, the price of them is confirmed and will remain unchanged even if the prices on our website increase or decrease.
However, we reserve the right to amend the price of your booking if there has been a pricing or system error. In this scenario, we will contact you when we become aware of the change or error to amend the price to the correct level. A full refund will be offered should you wish not to continue with your booking once the price has been corrected.
7. Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, cancellations will be subject to the charges set out below.
You may cancel any package arrangements prior to their commencement (following the process outlined above) in the event that i) circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 10) are occurring at the place where your arrangements are due to be performed or their immediate vicinity; ii) those circumstances make it impossible to travel safely to the travel destination, and iii) if the performance of your package will be significantly affected by those unavoidable and extraordinary circumstances. Note that we will take into consideration any advice from the Foreign Office to avoid or leave a particular country in determining whether or not you may cancel your arrangements under this clause. In the event that you may, you will receive a refund without undue delay of any payments made but this the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result.
If you have booked a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Charges in the event of a cancellation and amendments
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling) :-
- More than 5 days - No charge
- Between 5 days and date arrangements are due to commence - 10% of the total price of the arrangements cancelled
- Date that arrangements are due to commence or ‘no show’ – 100% of the total price of the arrangements in question
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
Prior to the commencement of your arrangements, you can amend your booking for free. We cannot guarantee that we will be able to make this change for you, but we will do our best to assist. In the event we can meet your requested change, we will not charge you for making this amendment, however, you will have to pay any applicable rate changes or any other costs incurred by ourselves or our suppliers as a result of the change. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking, we will treat this as a cancellation by you.
8. Changes and cancellations by us
Where we refer to a ‘price reduction’ in this clause and in clause 13, we mean that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity as defined in the Package Travel and Linked Travel Arrangements Regulations 2018 (unless that lack of conformity is attributable to you). Where we refer to ‘compensation’, we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity subject to the limitations and exclusions in section B of clause 13.
Changes and cancellations before departure
We reserve the right to change or cancel your booking (but we will not cancel less than 8 weeks before your departure date in unavoidable and extraordinary circumstances, or where you have failed to pay the final balance when it’s due).
Most changes will be insignificant (e.g. a change of accommodation to another of the same standard or classification) and we reserve the right to make them. If we make an insignificant change to the main characteristics of your arrangements, we will try to notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes. Occasionally we may have to make a significant change to your confirmed arrangements (e.g. a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away) and we reserve the right to do so. A significant change is one where we significantly alter any essential element of your arrangements (other than the price) owing to circumstances beyond our control.
If we have to make a significant change or cancel before departure, we will inform you without undue delay and if there is time to do so before departure, we will offer you the choice of the following options:-
i (for significant changes) agreeing to the changed arrangements
ii accepting the cancellation or terminating the contract for the arrangements and receiving a refund (without undue delay) of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).
You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.
Where you choose option ii) above and only where you have booked a package, we will where appropriate, pay you reasonable compensation, subject to the exceptions below as well as the limitations and exclusions in section B of clause 13. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We will not pay you compensation where:-
i) we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii) we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 10;
We will not make a price reduction or pay you compensation; and the above options will not be available where:-
i) we make an insignificant change;
ii) we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations after departure
If we become unable to provide a significant proportion of your arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will make a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate. Where you have booked a package and we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with this clause, where appropriate, we will pay you compensation subject to section B of clause 13.
This clause sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
9. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.
Assisting those on a package in the event of difficulty or unavoidable and extraordinary circumstances
We will provide appropriate assistance without undue delay in the event that you are travelling on a package and you experience difficulty. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements if necessary. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission. In the event such assistance is needed please contact +44 (0)203 195 1195; [email protected]
10. Complaints
If you experience a problem with your arrangements, please immediately inform the relevant supplier (e.g. your hotelier) so that they can take steps to put things right. You should also contact us by email on [email protected]. If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
ABTA: We are a Member of ABTA, membership numbers P7161/Y6452. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
11. Your behaviour
If in our opinion or in the opinion of any person in authority, your behaviour is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
12. Our Responsibilities
A. Our responsibilities differ according to what you have booked:
In relation to bookings of packages:
We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we fail to arrange or perform your package in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
In relation to all other bookings:
We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier(s) concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it. Please contact 0203 195 1195; [email protected]
B. Limitations of responsibility In these terms and conditions, our responsibilities are limited, and duty to pay compensation is limited as follows:-
We will not be responsible, make a price reduction or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of your arrangements and which were unforeseeable or unavoidable; or
(c) Unavoidable and extraordinary circumstances as set out in clause 10.
We will not be responsible, make a price reduction or pay compensation:-
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by an International Convention
We rely on the terms and conditions contained within any applicable International Conventions for example The Paris Convention (with respect to hotel arrangements). You can ask us for a copy.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
The maximum amount we will have to pay you in respect of all such claims is three times the price paid by or on behalf of the person(s) affected (twice in respect of any arrangements which are not packages) in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
13. Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
14. Financial security for package arrangements
The Package Travel and Linked Travel Arrangements Regulations 2018 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. We provide this protection by way of a bond held by ABTA – The Travel Association, 30 Park Street London SE1 9EQ - www.abta.co.uk. This means that in respect of all arrangements which are packages, in the event of our insolvency, funds will be available to ensure that your arrangements can be provided as planned or if they can’t, you will receive a refund of the money you have paid for them. If you book anything other than a package with us, your monies will not be financially protected. Please ask us for further details.
15. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.
Special conditions apply for travel to the USA. All passengers must have individual machine-readable passports, and an ESTA (electronic authorisation) if travelling without a visa. Please check uk.usembassy.gov/. Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Notice applicable to you if you have booked a package pursuant to and Key Rights under the Package Travel and Linked Travel Arrangements Regulations 2018:-
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. ATD Travel Services Ltd will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, ATD Travel Services Ltd has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed. • The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. ATD Travel Services Ltd has taken out insolvency protection with ABTA - The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk. Travellers may contact this entity if services are denied because of ATD Travel Services Ltd’s insolvency.
The Package Travel and Linked Travel Arrangements Regulations 2018
