Simpson Travel booking conditions

These Booking Conditions, together with our Privacy Policy together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Far & Wide Limited, (registered address 8th Floor, Becket House, 36 Old Jewry, London, EC2R 8DD. Company Registration Number: 4392264. VAT Registration Number: 229784759), trading as Simpson Travel (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. 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.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

a.  he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
b.  he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
c.  he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d.  he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Simpson Travel acts in the following capacities:

a)  Where you have booked a “Package Holiday” with us, as defined below at clause 1, your contract is with Simpson Travel and we accept responsibility as a “package organiser” for these bookings. Please see section A for the terms and conditions which apply to your package holiday booking with us.
b)  Where you have booked accommodation-only with us, such as a villa or hotel booking, this is a single component booking, and we will act as either a Principal (meaning your contract will be with Simpson Travel for the accommodation-only booking) or an agent on behalf of the owner or supplier of the accommodation (meaning that your contract will be with the owner or supplier of the accommodation instead).

i  Please see section B for the terms and conditions which apply to your accommodation booking with us where we are acting as a principal; and
ii  Please see section C for the terms and conditions which apply to your accommodation booking with us where we are acting as an agent.

If we are acting as an agent, we will inform you that this is the case during the booking process and in your booking confirmation documents.


Section A: PACKAGE HOLIDAY BOOKINGS

1.  What is a Package Holiday Booking:
This section A shall apply to all bookings where you have booked a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:

(a)  transport; or
(b)  accommodation; or
(c)  rental of cars, motor vehicles or motorcycles (in certain circumstances); and
(d)  any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “Package” or a similar term.

Important note: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

  • do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
  • are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “Single Component” bookings and the terms and conditions at Section B or C (depending upon the capacity in which we are acting) shall apply.

2.  Booking and Paying for Your Package
A booking is made with us when you pay us a non-refundable deposit of £400 per person, (or full payment if you are booking within 10 weeks of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. If your confirmed package includes a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). 

The balance of the cost of your package (including any applicable surcharge) is due not less than 10 weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.

Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that 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 pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that 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.

3.  Accuracy
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to your chosen package before you make your booking.

4.  Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. 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.

5.  Pricing
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

(i)  the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(ii)  the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(iii)  the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.

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 and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 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 holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

6.  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.

7.  Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

8.  If You Change Your Booking & Transfers of Bookings
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made, and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 9.

Transfer of Booking:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a.  that person is introduced by you and satisfies all the conditions applicable to the holiday;
b.  we are notified not less than 7 days before departure;
c.  you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
d.  the transferee agrees to these booking conditions and all other terms of the contract between us.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the package.

9.  If You Cancel Your Booking Before Departure
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of 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.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your holiday, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us

Cancellation Charge

70 days or more

Deposit only*

69 – 56 days

30% of holiday costs

55 – 43 days

40% of holiday costs

42 – 29 days**

60% of holiday costs

28 – 15 days**

80% of holiday costs

14 days or less

100% of holiday costs

*Deposit is non-refundable. Please note that if we have taken an increased deposit in order to purchase non-refundable flight tickets for your booking, this cannot be refunded.

**For some properties in mainland France 100% cancellation applies at 42 days prior to departure.

Between 15 and 69 days the cancellation amount is equivalent to the value of the deposit paid or the percentage stated above, whichever is greater.

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable and Extraordinary Circumstances:
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause 9 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

10.  If We Change or Cancel
As we plan your holiday arrangements many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used on our website or in our brochure may be subject to change.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

(a)  A change of accommodation area for the whole or a significant part of your time away.
(b)  A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
(c)  A change of outward departure time or overall length of your arrangements by more than 12 hours.
(d)  A change of UK departure airport except between:

I.  The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
II.  The South Coast airports: Southampton, Bournemouth and Exeter
III.  The South Western airports: Cardiff and Bristol
IV.  The Eastern airports: Norwich
V.  The Midlands airports: Birmingham and East Midlands
VI.  The Northern airports: Liverpool, Manchester, Leeds Bradford and Doncaster Sheffield
VII.  The North Eastern airports: Newcastle and Teesside
VIII.  The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

(e)  A significant change to your itinerary, missing out one or more destination entirely.

Cancellation: We will not cancel your package less than 10 weeks before your departure date, except for reasons of Events Beyond our Control (see clause 11) or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

i  (for significant changes) accepting the changed arrangements; or
ii  having a refund of all monies paid; or
iii  if available and where we offer one, accepting an offer of an alternative holiday (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative holiday.

Insurance: If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

Compensation: In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

(a)  If, where we make a significant change, you do not accept the changed holiday and cancel your booking;
(b)  If we cancel your booking and no alternative holiday is available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

Amount you will receive from us*

70 days or more

£0

69 – 56 days

£10

55 – 43 days

£20

42 – 29 days

£30

28 – 15 days

£40

14 days or less

£50

*Important note: We will not pay you compensation in the following circumstances:

(a)  where we make a minor change;
(b)  where we make a significant change or cancel your package more than 10 weeks before departure;
(c)  where we make a significant change and you accept those changed arrangements or you accept an offer of an alternative holiday;
(d)  where we have to cancel your holiday as a result of your failure to make full payment on time;
(e)  where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(f)  where we are forced to cancel or change your holiday due to Events Beyond our Control (see clause 11).

If we become unable to provide a significant proportion of the holiday that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

11.  Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond our Control”. For the purposes of these Booking Conditions, Events Beyond our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

12.  Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

13.  Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

14.  Complaints
We hope you will have no reason to complain but if you do, please bring it to the attention of the supplier(s) of the arrangements concerned promptly. Most problems can be resolved on the spot. If the matter is not dealt with to your satisfaction, please contact our head office in the UK on 020 8392 5858 so that we may be able to help you promptly. If you leave it until you vacate the accommodation, we may not be able to help you.

If the matter cannot be settled whilst you are on holiday, please contact us in writing as soon as possible following your return home, giving your booking reference number. We will liaise with the supplier(s) concerned to try and resolve your complaint and will respond as soon as we can.

Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 25 for further details. You can also access the European Commission Online Dispute Resolution (ODR) 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.

15.  Your Behaviour
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

16.  Our Responsibilities
(1)
  We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. 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.

(2)  We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(a)  the acts and/or omissions of the person affected; or
(b)  the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c)  Events Beyond our Control (as defined in clause 11).

(3)  We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a)  loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims 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 required to have adequate insurance in place to cover any losses of this kind.
(b)  Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected 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 booking.
(c)  Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i)  The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii)  In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii)  When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(4)  It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(5)  Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.

(6)  Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a)  which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
(b)  relate to any business;
(c)  indirect or consequential loss of any kind.

(7)  We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

(8)  Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

17.  Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us.
For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

18.  Insolvency Protection
We provide financial security for flight-inclusive packages by way of our Air Travel Organiser’s Licence number 5858, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected product 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.  For further information, visit the ATOL website at www.atol.org.uk.  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).

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 (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.

We provide full financial protection for our package holidays which don’t include flights, by way of a bond held by ABTA Ltd, The Travel Association, 30 Park Street, London SE1 9EQ www.abta.co.uk.

If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.

19.  Passport, Visa and Immigration Requirements & Health Formalities
It is your responsibility to check and fulfill 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 https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure. 

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware

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.

20.  Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract 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 us or the supplier concerned.

21.  Prompt Assistance
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances,
if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence. 

22.  Delays, Missed Transport Arrangements and Other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline 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 airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time). 

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

Our website and brochures are our responsibility, as your tour operator. They are not issued on behalf of, and do not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

23.  Advance Passenger Information
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

24.  Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond our Control. (See clause 11).

25.  ABTA
We are a Member of ABTA, membership number No.W5698. 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.


Section B: ACCOMMODATION-ONLY PRINCIPAL BOOKINGS

This section B applies to any accommodation-only booking you make with Simpson Travel where we act as a principal in the sale of that accommodation-only booking (meaning your contract will be with Simpson Travel for the accommodation-only booking).

26.  Booking and Paying for Your Arrangements
A booking is made with us when you pay us a deposit (or full payment if you are booking within 70 days of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking.

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 70 days prior to your scheduled departure, unless we advise you that payment is required earlier. If we do not receive this balance payment 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 clause 28 will become payable. 

27.  Pricing
Price increases may occur any time prior to departure and 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.

We reserve the right to amend the price of unsold travel arrangements at any time and correct errors in the prices of confirmed travel arrangements.

28.  If You Change or Cancel Your Booking
Changes: If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.

Cancellations: If you or any other member of your party decides to cancel your confirmed single service booking you must notify us in writing. Your notice of 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. The person to notify us of any cancellation must be the same person that originally made the booking.

Should one or more member of a party cancel, it may increase the per person booking price of those still travelling and/or the arrangements and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us

Cancellation Charge

70 days or more

Deposit only*

69 – 56 days

30% of booking costs

55 – 43 days

40% of booking costs

42 – 29 days**

60% of booking costs

28 – 15 days**

80% of booking costs

14 days or less

100% of booking costs

*Deposit is non-refundable.

**For some properties in mainland France 100% cancellation applies at 42 days prior to departure.

Between 15 and 69 days the cancellation amount is equivalent to the value of the deposit paid or the percentage stated above, whichever is greater.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

This clause 28 outlines the rights you have if you wish to cancel your single service booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

29.  If We Change or Cancel Your Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

Very rarely, we may be forced by "Events Beyond our Control" (please see clause 11) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

30.  Complaints
Please refer to clause 14 for the process to follow in the event that you have any concern, complaint or problem with your accommodation-only booking.

31.  Our Responsibilities for Your Booking

(1)  Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. 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/subcontractors with reasonable skill and care, 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.

(2)  We will not be responsible or pay you compensation for any 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; or
(b)  the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c)  unusual or unforeseeable circumstances beyond our or our supplier’s(s’) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d)  an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

(3)  We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a)  loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims 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 required to have adequate insurance in place to cover any losses of this kind.

(b)  Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

(4)  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.

(5)  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.

(6)  Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

(7)  We will not accept responsibility 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 whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

32.  Insolvency Protection
We provide full financial protection for the accommodation-only bookings that we sell in a principal capacity by way of a bond held by ABTA – The Travel Association, 30 Park Street, London SE1 9EQ www.abta.co.uk.


Section C: ACCOMMODATION-ONLY AGENCY BOOKINGS

This section C applies to any accommodation-only booking you make with Simpson Travel. We act as an agent on behalf of various hotels, villa and property owners and suppliers. References to “Supplier/Principal” in these Booking Conditions, means these third party accommodation suppliers.

References to “accommodation” in Section C of these Booking Conditions mean the hotel, villa or other property provided by the Supplier/Principals, as specified on your booking confirmation.

33.  Your Contract
When making your booking we will arrange for you to enter into a contract with the Supplier/Principal of the accommodation, as specified on your confirmation invoice. Except as specified in these Booking Conditions, as agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the accommodation provided by them. Your booking with us is subject to this Section C of our Booking Conditions, and the specific terms and conditions of the relevant Supplier/Principal you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Please ask us for copies of these if you do not have them.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation on their behalf.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Please ensure that the names given are the same as in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

34.  Booking
To make a booking, you will need to select your chosen accommodation and pay the applicable deposit. Once we have received your booking request and deposit, we will proceed to check availability with the Supplier/Principal. Your booking is not confirmed with the Supplier/Principal until you receive a booking confirmation from us on behalf of the Supplier/Principal.

The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your accommodation or other persons necessary for the provision of your accommodation. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies.

35.  Payment
In order to book your chosen accommodation, you must pay a deposit as required by the Supplier/Principal of the accommodation (or full payment if booking within 10 weeks of departure or as otherwise requested by the Supplier/Principal). You must also pay all applicable insurance premiums and booking fees.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their terms and conditions.

Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for accommodation will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.

36.  Prices
We reserve the right to amend advertised prices at any time.  We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur.  You must check the price of your chosen accommodation at the time of booking.

37.  Insurance
Many Supplier/Principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. You should also ensure that your travel insurance covers you for pre-existing medical conditions, and the activities and excursions which you’ll be participating in.

If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

38.  Special Requests
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can't guarantee that they will be met, and we will have no liability to you if they are not.

39.  Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your accommodation. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the accommodation and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £35.00 per booking for any amendments to bookings and an administration fee of £25.00pp for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.

Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

40.  Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed accommodation or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative accommodation offered by the supplier, but we will have no further liability to you.

41.  Our Responsibility for Your Booking
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the accommodation. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

42.  Visa, Passport and Health Requirements
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. We can provide general information about any health formalities required for your trip, but you should check with your own doctor for your specific circumstances.

43.  Complaints
Because the contract for your accommodation is between you and the Supplier/Principal, any queries or concerns about your accommodation should be addressed to them.

We hope you will have no reason to complain but if you do, because the contract for your accommodation is between you and the Supplier/Principal, please bring it to the attention of the Supplier/Principal(s) of the accommodation concerned promptly.

Most problems can be resolved on the spot. If the matter is not dealt with to your satisfaction, please contact our head office in the UK on 020 8392 5858 so that we may be able to help you promptly.

If you leave it until you vacate the accommodation, we may not be able to help you at all. If the matter cannot be settled whilst you are on holiday, please contact us in writing as soon as you return home, giving your booking reference number.

We will liaise with the Supplier/Principal(s) concerned to try and resolve your complaint and will respond as soon as possible but please note that as an agent, any assistance we provide will be on a goodwill basis only. Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 25 for further details.

If you wish to complain about any service, we have provided to you (i.e. our booking service) then please contact us directly.

44.  Alternative Dispute Resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. If so, for customers resident in the EEA, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

45.  Law and Jurisdiction
These Terms and Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable). 

46.  Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between Supplier/Principals. We cannot guarantee the accuracy of any ratings given.

47.  Documentation and Information
All descriptions and content on our website or otherwise issued by us relating to the accommodation is done so on behalf of the Supplier/Principal in question and are intended to present a general idea of the accommodation provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us.