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Booking Conditions

Overview

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, the If Only COVID-19 Additional Terms & Information (where they apply), our Peace of Mind Guarantee (where it applies), together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with If Only Holidays Limited trading as “If Only”, a company registered in Scotland with company number: SC268032 and registered office address of 1 Waterloo Street, Glasgow, Scotland, G2 6AY (“If Only” “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:

  1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
  2. 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);
  3. he/she is over 18 years of age 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; and
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We act in the following capacities, as a Package Organiser in the sale of a Package, and as a Principal in a ‘single service’ booking (i.e. an accommodation only booking). As a result, our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see Clause 20, "Definition of a Package” for further details of where this will be the case), or as a Principal in the sale of a single service booking. Our differing obligations are set out below, in the following separate sections:

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B contains the conditions that will apply when you make a Package booking with us, where we are Package Organiser; and

(C) Section C contains the conditions that will apply where you make a single service booking with us, where we are acting as Principal (this section will apply where you have booked accommodation only with us).

Unless these Booking Conditions state otherwise, any reference to European Union law and/or International Conventions in these Booking Conditions, that is directly applicable or directly effective in the United Kingdom is a reference to how it applies in England and Wales. This includes where the law has been retained, amended, extended, re-enacted or given effect on or after 11pm on 31st January 2020 (including the transition period).

 

SECTION A: APPLICABLE TO ALL BOOKINGS

This Section A will apply to all bookings you make with us. This Section A should be read in conjunction with either Section B or Section C, below, depending on the type of arrangements you have booked.

1. Booking & Paying For Your Arrangements

A booking is made with us when you pay us a deposit of:

a) 10% of your total holiday cost or £200 per person, whichever is greater;

b) or a deposit of 20% for cruises or £200 per person, whichever is greater; and

c) we issue you with a booking confirmation.

The full payment for your holiday must be made by the balance due date notified to you or at the time of booking if your booking is made within 10 weeks of departure (or 15 weeks if your booking relates to a cruise (please note that a cruise is considered to be a Package). 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 the cancellation charges set out in either Section B or Section C below, as applicable, will become payable.

If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a confirmation. 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.

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 received your deposit and issued you with a booking confirmation which is emailed to the first named person on the booking.

Upon receipt of the booking confirmation, if you believe that any details on the ATOL Certificate or your booking confirmation or any other document are incorrect you must advise us immediately as changes cannot 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.

For all bookings you will be required to provide us with emergency contact numbers for all persons on a booking before travel so that we can contact you in case of emergency.

2. Accuracy

We endeavour to ensure that all the descriptions, information and prices both on our website, brochures and in our advertising material that we publish are accurate, however, as you will appreciate, we have to contend with conditions outside our control, and the fact that the brochure has been compiled many months before the departure date.

Occasionally changes and errors occur and we reserve the right to correct the details in our materials in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

3. 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 travel arrangements at the time of booking.

Where you have booked a Package, additional terms and conditions apply, please see Clause 20, ”Definition of a Package” for further information.

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 (you will need to be satisfied that your insurance policy specifically covers losses occurring, and medical expenses you may incur, as a result of COVID-19) 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. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay any compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our 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, epidemics, pandemics (including but not limited to the ongoing effects of COVID-19 and any new strain of the coronavirus) 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, any such changes would be treated 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.

6. 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.

7. Accommodation

Your booking confirmation will contain details of accommodation check-in and check-out times. We may, at our discretion, allow earlier check-in or check-out upon request but we cannot guarantee this.

All accommodation is sold for up to a maximum number of people and that number will be the lower of either the number notified in the details of each accommodation or the number of guests stated on a booking confirmation. Exceeding the maximum number is not permitted and any additional guests will be required to leave with immediate effect and we have the right to terminate your booking immediately. In the event of such termination our liability to you and/or your party will cease and 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.

Please note: pets are not permitted and smoking is strictly prohibited in all areas of the accommodation you book with us.

8. Complaints

We make every effort to ensure that your Package holiday arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your holiday. This means addressing any issues immediately and carefully so they do not affect the rest of your holiday. If you do have a problem during your holiday, please inform the relevant supplier (e.g. representative or your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact your travel agent in the first instance, or our office Customer Services at Address: If Only Holidays, 1 Waterloo Street, Glasgow, G2 6AY, Telephone: 0141 955 4041, Email: after.sales@ifonly.net which is open Mondays to Saturdays from 9.00am – 5.00pm. Should the problem not be resolved, then please bring it to our attention upon your return.

We make every effort to ensure that your Package holiday arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your holiday. This means addressing any issues immediately and carefully so they do not affect the rest of your holiday. If you do have a problem during your holiday, please inform the relevant supplier (e.g. representative or your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact your travel agent in the first instance, or our office Customer Services at Address: If Only Holidays, 1 Waterloo Street, Glasgow, G2 6AY, Telephone: 0141 955 4041, Email: after.sales@ifonly.net which is open Mondays to Saturdays from 9.00am – 5.00pm. Should the problem not be resolved, then please bring it to our attention upon your return. Any such complaint must be received by us in writing within 28 days of your return home. If you fail to follow these procedures, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were at the destination and this may affect your rights under this contract. If your complaint relates to a non-brochured hotel/property or supplier, then we cannot be held responsible or provide any assurances or warranties in respect of the standard of facilities or levels of service offered.

9. ABTA

It is unlikely that you will have a complaint that cannot be settled amicably between us, however as a Member of ABTA (Membership Number W3086), we are obliged to maintain a high standard of service to you as indicated by ABTA’s Code of Conduct. We can offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA, administered independently and is approved by the Chartered Trading Standards Institute. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on abta.com.

10. Insolvency Protection for Package Holidays

The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We provide full financial protection for package holidays. Holidays that include flights are protected by way of our Air Travel Organiser’s License (ATOL) number 4269. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. 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 clients who book and pay in the United Kingdom.

We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding 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 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, (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 do not include flights by way of a bond held by ABTA (ABTA Ltd of 30 Park Street, London, SE1 9EQ).

If you book arrangements other than a Package Holiday or ATOL protected flight from us, your monies will not be financially protected. Please ask us for further details.

11. 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 UK 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 and UK 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 5, “Events Beyond Our Control” 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 provided 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 dispatched 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.

Any promotional literature is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

12. 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.

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 holiday, please provide us with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen holiday.

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. Visa, Passport and Health Requirements

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. Please also check the FCDO website https://www.gov.uk/government/organisations/foreign-commonwealth-development-office for the latest travel information when travelling from the UK.

It is important that you ensure your passport has a minimum of 6 months validity after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting whether this will be suitable for travel. Please note many countries require 2-3 facing blank pages at the end of your passport. For travel within the EU our advice remains the same, please visit www.passport.service.gov.uk/check-a-passport for information on passport validity after 31 December 2020. For further information contact the Passport Office on 0300 222 0000 or visit www.gov.uk/browse/abroad/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 itineraries you should obtain a completed and issued form EHIC or UK Global Health Insurance Card (GHIC) prior to departure. EHIC provisions have changed and information on the EHIC and GHIC is available at https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcarehttps://www.gov.uk/global-health-insurancehttps://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/http://www.dh.gov.uk or from your local Department of Health office. You should check these sites for updates before departure.

You may apply for an GHIC online at https://www.ghic.org.uk/Internet/startApplication.do and find further information relating to application for the same at https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/ or by phone on 0191 218 1999 or by post to Overseas Healthcare Services, NHS Business Services Authority, Bridge House, 152 Pilgrim Street, Newcastle upon Tyne, NE1 6SN. You can apply for a UK EHIC at https://services.nhsbsa.nhs.uk/cra/start. All applications for EHICs and GHICs are subject to whether or not you are eligible for the same and you can get further information by visiting the above sites or calling the NHS Business Services Authority.

Please note, the EHIC and/or GHIC is/are in addition to Travel Insurance, not instead of it. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development 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.

Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.

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, the opinion of any hotel manager, our supplier(s), property owner, 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 immediately. Excessive noise in the property after 10pm and before 7am will be considered as anti-social behaviour and where you or a member of your party are found to cause such excessive noise, we or the property owner reserve the right to terminate your booking immediately.

In the event of such termination our liability (or where appropriate the supplier(s)) 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. Neither we (nor our supplier where appropriate) will have any 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. Neither we nor our supplier(s) can 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. Law and Jurisdiction

These Booking Conditions are governed by Scottish Law and we both agree that the courts of and the jurisdiction of the Scottish Courts have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in England or Northern Ireland, in which case you can bring proceedings in your local court under English or Northern Irish law, as applicable).

17. 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.

18. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on the 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. Although we may recommend certain suppliers to you (e.g. ski hire, childcare), 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.