applicable if you have booked a package via the holiday booking path on/before 30th of June 2016.
When you book a pre-packaged holiday through the Holiday path on the lastminute.com UK website (a “Holiday”)your contract for your holiday will be with Lowcostholidays Spain, S.L. trading and registered at Calle Ada Byron s/n, Planta Baja, Puerta 5-A, Edifico Estel, Parc Bit, Son Sardina, Majorca (“we”, “us”, and “our”) and these conditions detail the terms which will apply to your contract.
lastminute.com at all material times acts solely as a web host and search facilitator to enable you to book your holidays with Lowcostholidays Spain, S.L. lastminute.com has no responsibility whatsoever for any Holidays you book, nor has it any responsibility for the accuracy of the descriptions about any Holiday, or for the prices or price descriptions of any Holiday.
lowcostholidays.com ("we", "us", "our") is the trading name of Lowcostholidays Spain, S.L., whose registered office is at Calle Ada Byron s/n, Planta Baja, Puerta 5-A, Edifico Estel, Parc Bit, Son Sardina, Majorca. Although we are a Spanish company, we are happy to make our terms and conditions for our customers in the UK subject to English law and the jurisdiction of the English Courts. This is to help you be certain of your rights.
Because we are a Spanish company, we have to comply as well with Spanish law. This means, apart from anything else, that our financial protection arrangements are those required by Spanish law, and we explain this at Section 4 of these conditions.
If you book a flight with accommodation and/or other travel product(s), this is a "Package" falling within the Package Travel, Package Holidays and Package Tours Regulations 1992 ("the Package Travel Regulations").
1. Website accuracy
1.1 We take all steps practically possible to ensure that the details given to you on our website are accurate and up to date but we do rely upon the descriptions given to us by the actual suppliers of the services and facilities described. Sometimes the facilities described will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities or facilities, water-sports for example, may not be available all year round. There may be a charge for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, tennis courts, pool tables and air-conditioning. In some places during high season (and even at other times) there is a possibility you will be disturbed by noise from less considerate groups, so please bear this in mind when choosing your destination and accommodation. All accommodation providers reserve the right to collect a refundable breakages deposit on arrival. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
1.2 Please note that all accommodation ratings given on our website are based on our ratings and are not the official ratings of the property. The ratings we use are based on certain criteria being met, including but not limited to location of the hotel, facilities at the property and the range of dining options available.
2. Secret Hotels
When you choose to book a Secret Hotel, you are leaving your hotel choice up to your accommodation provider. Secret Hotels are non refundable and non transferable from point of sale, and payment is due in full straight away. These terms override our standard payment, amendment and cancellation terms. Facilities at your allocated property may vary slightly from the description, and your accommodation provider reserves the right to withdraw facilities at any time. The cost of your accommodation does not include any additional local payments such as city taxes, mini bars, transfers or costs for the use of any hotel facilities or restaurants. Your accommodation provider reserves the right to change your accommodation at any stage prior to travel, and if required to do so no compensation will be due. Your allocated property will be confirmed by the accommodation supplier after the booking has been confirmed, and details will be listed within the key collection section of your accommodation voucher.
3. Your Package Booking, Contract and Payment
3.1 The person making your booking (the "Lead Contact") must be UK or Irish resident, at least 18 years of age and one of the passengers travelling on your booking. The Lead Contact must be authorised to make the booking on behalf of all members of your party. If the Lead Contact is not over 18 and a UK or Irish resident we reserve the right to cancel your booking and charge a 100% cancellation fee in respect of the complete booking. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party these terms and conditions and the conditions of the suppliers providing the elements of your Package. The Lead Contact is responsible for making all payments due and for ensuring that all passenger names given to us accord exactly with their travel documentation.
3.2 You can book through our website http://www.lastminute.com/holidays/ or by telephoning us on the numbers contained on our website and talking to a member of our sales team. Please note that it is important that you check the information that you enter and correct any errors before making your booking.
Please note that it is important that you check the information that you enter and correct any errors before making your booking.
3.3 On receipt of your payment, we will process your booking. Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not continue to process your booking.
3.4 It is your responsibility to check the documents you receive and notify us of any errors within 48 hours of receipt. If errors for which you hold us at fault are reported after this time, we cannot be held responsible for any costs associated with correcting these
3.5 Please note that we will endeavour to pass on all requests to your accommodation provider, however as these are requests only there is no guarantee that these will be met
3.6 When you book more than 84 days before your departure you will have to pay a deposit at the time of booking. The deposit is calculated on the basis that you have to pay 100% of the flight cost, 25% of the accommodation cost, 50% of any transfer cost and 100% of any car hire cost. When you book less than 84 days before your departure you will have to pay the total cost. When you make that first payment we will then confirm your booking by email and it is when we have confirmed your booking that a contract will exist between us. Any balance must be paid no later than 84 days before your departure.
3.7 We accept payment by the following cards, beside each of which we set out the charges which will be applied for their use to make payment:
Lastminute.com Master card
Master Card Debit
4. Your Financial Protection
We have fully complied with the financial protection requirements of the Package Travel Regulations through the registration and licensing arrangements which we have made with the Spanish authorities. We are licensed under registration number AVBAL636 and as required we have provided Surety Insurance. These arrangements ensure that payments made by you for your Package will be refunded and/or you will be repatriated in the unlikely event of our insolvency.
5. Pricing / Price Changes
5.1 We reserve the right to alter the prices of any travel product before you have made any payment to us. You will be told the current price immediately before you make payment.
5.2 When you book and make payment this will be either a deposit with the balance to be paid at a later date or the full price. The amount of the deposit and the time to pay the balance varies depending upon your Package. You will be given these details therefore before you make your payment. If you do not pay your balance in full by the notified date we will cancel your booking and you will forfeit all monies paid.
5.3 When you chose to book one of the low deposit charter seats on offer, you are able to secure your reservation by paying a low deposit for these seats. The charter flying program is planned months in advance and utilises different airlines and suppliers to allow you the choice of this low deposit option at time of booking. If it is necessary to amend or cancel the original flight times due to the required demand levels not being met to operate the planned charter, you will be advised of an alternative flight. A change of less than 15 hours to either your outbound or return flight sectors, is classed as a minor change and would not entitle you to any compensation nor a free of charge cancellation. All other travel arrangements remain subject to the standard terms and conditions of that supplier.
5.4 Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your Package may change after you have booked. However there will be no change within 30 days of your departure.
5.5 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. You will be charged for the amount over and above that,. If this means that you have to pay an increase of more than 10% of the price of your Package, you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 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.
5.6 Should the price of your Package go down due to the changes mentioned above, by more than 2% of your Package cost, then any refund due will be paid to you. However, please note that Packages are not always purchased in local currency and some apparent changes have no impact on the price of your Package due to contractual and other protection in place.
6. If you make changes to your booking
If, after the supplier has confirmed your booking, you wish to change the booking we will try to arrange this with the supplier but it will of course be subject to availability and the supplier's terms and conditions. Further and in any event any request for a change must be made by the person who made the booking/the Lead Contact. You will also have to pay an administration fee of £45 for each change made, and any further cost imposed by the supplier for the 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
7. If you cancel your booking
7.1 If you cancel your booking you will have to pay the supplier's cancellation charges, and you will also have to pay our administration costs as set out below. Cancellations must be notified to us either by cancelling your booking online using our ‘Manage My Bookings’ option or in writing via letter or e-mailing email@example.com.
• More than 84 days prior to departure – Loss of all deposit paid plus any additional cancellation charges from your suppliers. (Up to 100% of booking value)
• 83-43 days inclusive prior to departure - £40 administration fee per booking plus loss of all deposit paid and any additional cancellation charges from your suppliers. (Up to 100% of booking value)
• 42-29 days inclusive prior to departure - £100 administration fee per booking plus loss of all deposit paid and any additional cancellations charges from your suppliers. (Up to 100% of booking value)
• 28-0 days inclusive prior to departure – Full value of booking
7.2 If you wish to cancel a singular part of your booking, either a component or a passenger, this may be subject to full cancellation terms as above.
8. Changes Made By Us Before Travel
8.1 From time to time we may have to change details of the Package you have booked. If any change will have a significant effect on your Package, we will tell you about it before your Package starts, if there is time. Changes we will tell you about include:
• Change of your UK departure airport (although a change between London airports including Gatwick, Heathrow, Stansted, Luton will not usually be considered significant).
• Significant change of your destination
• A change of more than 15 hours to the time you leave the UK or your destination
• If we downgrade your accommodation by a lower official rating
• If the swimming pool will not be available for an extended period during your Package and no alternative pool is available either at the property or nearby
8.2 If you do not want to accept a significant change, which we tell you about before you depart, we will, if we are able to do so, offer you an alternative Package of equivalent or closely similar standard and price at no extra cost, or a less expensive Package, in which case we will refund the difference in price. If you do not wish to take the alternative we offer you, you can choose a different Package offered for sale by us and pay, or receive a refund of, any price difference. Or, if you prefer, you can cancel your Package and receive a full refund of any money you have paid to us, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
8.3 Unless the change is as a result of circumstances listed in the paragraph 10 below headed 'Circumstances Beyond our Control', we will pay you compensation. If you accept the significant change or amend to a different Package offered for sale by us you will receive reasonable compensation. If you reject the significant change and cancel your booking you will receive a full refund.
8.4 Compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on 'free child places', 'free group places' or infants.
9. Minor Changes Made By Us Before Travel
Any change which is not deemed to be significant, as outlined in the Section 8.1 above will be classed as a minor change. We will endeavour to tell you about a minor change before you travel. However, we will not pay compensation as a result of this change.
10. Circumstances Beyond Our Control
Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Package after departure, or we, or our suppliers, cannot supply your Package, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, terrorist activity, civil unrest, industrial dispute, bad weather (actual or threatened) and significant building work ongoing outside of your accommodation, which is not known to us in advance of your departure date and building work from a third party (such as resort development).
11. Changes Made by us After Travel
If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances.
12. Flights – Delays, Confirmations
12.1 Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay, which may arise, or for any schedule alterations. If you are notified of any change to your travel arrangements by one of your suppliers directly, it is your responsibility to act upon this information and update us if the change will impact any other part of your travel arrangements.
12.2 We do not have any liability if you fail to advise us of any change to your travel arrangements.
12.3 If you fail to check in on time or follow your airline’s on-line check in procedures, the airline is entitled to refuse to allow you to board the flight. We cannot accept responsibility if such a situation arises and, whilst we endeavour to assist in making alternative travel arrangements to your resort, any cost or loss incurred as a result will be your responsibility.
12.4 If you fail to check in at all for your flight from the UK, we retain the right to cancel any other arrangements you have booked with us and you will be unable to use any connecting or return flight to the UK. No refund can be made for any unused arrangements.
12.5 You should, approximately 72 hours before your departure, check the airline's website to make sure that there has been no change made by the airline to the time of your flight. This is particularly important in respect of subsequent journeys after you have left the UK.
12.6 If it is possible, at the time of booking, to provide details of the type of aircraft, which will be used, we will provide you with these. However, it is not possible to guarantee that this is the type of aircraft which will be used because this may change.
13. Our Liability To You
13.1 Our obligations, and those of our suppliers providing any service or facility involved in any of your Package, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the CAA) will be proper performance of our, and our suppliers', obligations. You must show that reasonable skill and care has not been used if you wish to make any claim.
13.2 For claims which do not involve death or personal injury, we accept liability, subject to paragraph 10 above and 13.1, should any part of your Package not be as described in the relevant brochure, on our websites or elsewhere by us (as applicable to your method of booking) before you leave the UK. If we have liability, we will, subject to paragraphs 13.4, 13.5, and 13.6, pay you reasonable compensation. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
13.3 Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations.
13.4 For claims which involve death or personal injury as a result of an activity forming part of your Package, we have liability subject to paragraph 13.1 above.
13.5 We accept liability in accordance with paragraphs 13.1 and 13.2 above and subject to paragraphs above except where the cause of the failure in your Package or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers because it is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable; or because the failure is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or due to an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
13.6 If any International Convention applies to or governs any of the services or facilities included in your Package arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For further details of the International Conventions which may apply, see paragraph 13.7, below. You can get copies of the relevant Conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other International Conventions applicable to your Package. Any applicable Protocols or amendments shall apply to all such International Conventions.
13.7 International Conventions in respect of international air travel include the Warsaw Convention 1929 (including as amended by the Hague Protocol 1955 and by any additional Montreal Protocols of 1975 and 1999 or otherwise) or the Montreal Convention 1999 (for international travel by air and/ or for airlines with an operating licence granted by an EU country, which the EC Regulation on Air Carrier Liability No 889/ 2002 for national and international travel by air has given effect to). Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any flight arrangements (including the process of getting on and/or off the aircraft concerned) provided by any air carrier where we have arranged the flight as part of our contract, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is limited to the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the flight in question. Please note: for all such claims (including those involving death or personal injury) where the carrier is not obliged to make any payment to you under the applicable International Convention or Regulation (including where any claim is not notified or issued in accordance with the time limits stipulated in the applicable Convention or Regulation), we are similarly not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable Convention or Regulation.
13.8 You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause below entitled "If You Have A Complaint".
13.9 Should you become ill whilst on holiday, you must,consult a local doctor and if necessary consult your GP upon your return to the UK. As we do not provide any representation in resort, please contact us if you require any assistance whilst overseas. Should you then wish to contact us regarding this illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors.
13.10 Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your Package.
We consider travel insurance to be essential. Accordingly, it is a condition of our contract with you that you have suitable insurance cover for the travel arrangements you have booked with us and any activities which you expect to take part in. This insurance as a minimum should cover cancellation, baggage loss, accidents and health issues while you are away. We strongly advise you to read the policy details carefully and to take them with you on your holiday.
Your tickets and any other documents relating to your booking will be sent to the Lead Contact's email address which you give us at the time of booking and will be delivered by e-mail in the form of an e-ticket and/or voucher(s) to the Lead Contact's e-mail address you supplied at the time of booking. IT IS IMPORTANT THAT YOU CHECK ALL DETAILS OF YOUR TRAVEL DOCUMENTS BEFORE LEAVING THE UK. IF THERE ARE ANY INACCURACIES OR YOU HAVE ANY OTHER QUERY PLEASE CONTACT US IMMEDIATELY.
16. Changes You Make Before Travel Including Cancellation By You
16.1 If you want to change or cancel the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to the transport or accommodation providers' terms and conditions.
16.2 For any changes that can be made, we will charge the price that applies on the day the change is made, together with an administration fee of £45 per person in your booking. Remember any change to your departure date, airport, transport, destination, accommodation, or length of holiday has to apply to all members of your booking.
16.3 The Lead Contact must give to us written notice to change or cancel. We will apply charges from the date we receive the instruction from you.
16.4 For changes or cancellations to flights, we will pass on to you the charges imposed by the suppliers of these services. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Please note that the majority of our flight providers do not typically allow changes to be made to tickets after bookings have been made.
16.5 You are not permitted to change all the names on any booking and at least one of the passengers (over 18) on the original booking must remain, unless you are prevented from travelling for reasons beyond your control and not simply from a change of mind.
16.6 If you do cancel, you must still pay any insurance premiums and administration charges, which arose before the cancellation, and any deposits paid for any pre-booked items or services.
16.7 Changes such as name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price and you must also pay an amount to cover our administration costs as detailed below in the Section "Our Charges".
16.8 Also note that the transport provider may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
17. Suppliers' Conditions
Our third party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our Suppliers' Conditions will also apply to your contract with us, and in the event of any conflict between the Suppliers' Conditions and our conditions, the Suppliers' Conditions will prevail, save to the extent that any term in the Suppliers' Conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our Suppliers' Conditions may limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and are often subject to International Conventions. If you require copies of our suppliers' terms and conditions we can provide these on requests. The majority of our supplier terms and conditions can be found here:
Supplier Terms & Conditions
18. Airline Collapse
In the unlikely event that the airline with which you are travelling ceases to trade whilst you are abroad, you must contact us at the earliest opportunity to allow us to seek to find you an alternative return flight. If you have provided us with your contact details for when you are abroad, this may further assist us in contacting you. We shall not be liable for any costs you incur in making your own return flight arrangements if you have not given us the opportunity to arrange an alternative flight home for you.
In making alternative return flight arrangements for you we will take the approach of 'like for like'. What this means is that if your flight is an economy seat we will arrange an economy return alternative and if this is not available immediately, you will be responsible for the cost of remaining abroad until it is or if you wish to upgrade to an immediately available business or first class seat, you will have to pay the difference between the economy seat and the upgraded seat. If your flight seat is business or first class, we will endeavour to find an immediately available business or first class alternative. Our priority, however, will be to book your return flight as soon as possible and, therefore, if the earliest return flight is in a lower class than that which you booked, that return flight is what we will arrange for you and that will be the extent of our obligation to you.
19. Force Majeure.
Force Majeure means unusual and unforeseeable circumstances beyond the control of anyone involved with your travel arrangements. The consequences of these can often not be avoided even if all due care had been exercised by any travel arrangement provider. Please refer to Clause 10. You may wish to purchase specific insurance to cover you for any out of pocket costs associated with a force majeure event. Examples of Force Majeure events include but are not limited to; an act of god, severe weather conditions, unforeseen traffic delays, war, threat of war or similar, terrorism
20.1 If you are not satisfied with any aspect of your Package you must complain immediately to the relevant supplier – ie airline or hotel reception. If they are unable to resolve your issue immediately please and contact the 24 hour emergency phone number shown on your travel documentation. If you do not do this, neither we, nor your suppliers have the opportunity to put matters right. If you fail to discuss complaints with either your supplier or us while you are away this is likely to affect adversely your rights to compensation. If, having complained, matters are still not resolved to your satisfaction please then immediately upon your return, and in any event within 28 days, write to us at the address shown at the start of these booking conditions or by email firstname.lastname@example.org giving your booking reference and all other relevant information.
21. Special requests
If you have a special request for anything that is not automatically part of the travel arrangements you book through us, please advise us when you book and we will pass this information on to the companies we work with. Our note of your request on your invoice/receipt confirms we have received it and does not guarantee that we, or the relevant supplier, can meet with your request. Where possible they will try to help you, but we cannot guarantee any request unless it is noted on your invoice/receipt and we also confirm the request separately in writing. We must emphasise that verbal confirmations of special requests cannot be taken as a guarantee that they will be met e.g. special meal types on flights, or hotel room number requests. We will not pay compensation for failing to meet a special request that we have not confirmed separately in writing.
22. Disabled Travellers and Passengers with Reduced Mobility
22.1 We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact us on 0871 222 6596.
22.2 If you have a medical / mobility problem / condition or disability which may affect your holiday, we suggest that you contact our sales team before you confirm your booking. We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
23. Excursions and representation in resort
Excursions or other tours that you may choose to book and pay for locally are not part of your Package. For any excursion or other tour that you book locally, your contract will be with the operator of the excursion or tour. We are not responsible for the provision of any such excursion or tour or for anything that happens during the course of its provision by the operator. We do not provide representation in resort and we also do not sell or endorse any excursions that you choose to purchase locally
24. Passport, visa and immigration requirements
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 the suppliers with which your contract nor we accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that all names on any booking must be exactly as set out on your passports. It is your responsibility to have valid travel documents. If we or your carrier are fined as a result of you having incorrect documents, you will have to pay us the full amount.
For up to date UK Government health and travel advice please visit https://www.gov.uk/government/organisations/foreign-commonwealth-office, https://www.gov.uk/government/organisations/public-health-england and http://nathnac.net/ and contact your GP.
If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part- provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of your rights or obligations under these booking conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent.
27. Your Responsibility
27.1 We want all our customers to have an enjoyable and carefree trip. But you must remember that you are responsible for your actions and the effect they may have on others. If we (or another person in authority) believe your actions could upset other customers, our suppliers or our own staff, or put them in danger, your holiday / travel arrangements may be ended and this could mean we or our suppliers may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. Our suppliers will deny boarding or impose additional conditions of carriage on any passenger who, for example, is intoxicated and/or disruptive or found to be smoking on board the aircraft. If this happens, we will not pay compensation, make refunds, or cover any expenses you suffer as a result.
27.2 If your behaviour or the behaviour of any members of your travelling party causes any aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. This may also result in you being denied boarding on your return flight at the discretion of your airline as per their conditions of carriage
27.3 We cannot accept liability for the behaviour of others in your accommodation, or flight, or for any facilities/services withdrawn as a result of their action.
28.2 We take the privacy of our customer’s data very seriously. Please read the policy to understand how we will treat your personal data after it has been collected by us through your use of one of our distribution channels. Those distribution channels will include website, our WAP, PDA and digital TV services our Interactive Voice Recognition software and other channels as they evolve. If this policy changes then we will let you know via our homepage but we assure you that we only use your data as specified here and for our legitimate business reasons.
28.3 We must also advise you that, as a Spanish company, we comply with the Spanish Data Protection Act which requires us to inform you that your data will be included in an automated file, registered in the Register of the Data Protection Agency. We, Lowcostholidays Spain, S.L. are responsible for this file. By accessing our website and making bookings through it you expressly consent to the processing of your data for the purpose of sending information by any means about our products, services, special offers or promotions so that we can create user's profiles in order to send customised offers.
29. Law and Jurisdiction
Your contract and any matters arising from it will be governed by English law and any disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland (as appropriate), can deal with any disputes.