How a contract is formed on lastminute.com
Because we are a multi-category site selling different types of product, the technical steps before a contract is formed will depend upon the type of product you are purchasing. For example the way a contract is formed for the purchase of a retail gift product will be different from the way a flight ticket is purchased.
Remember except for the sale of a very small number of products (such as, for some entertainment tickets) our website and other channels operate to an agency model. This means that we act as a disclosed agent for third party suppliers, such as a tour operator, hotel or a restaurant. What this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. You can easily request them from our Customer Services. Please refer to our Terms and Conditions
The technical steps required for a contract to be formed are as follows:
For products OTHER than "subject to availability" holidays, dynamically packaged holidays or flights tickets:
When we place products on the site we are inviting you to make an offer for their purchase. You do not make this offer until you press the "Buy Now" at the shopping basket stage. Don't worry if you have made any mistakes in inputting any of your details as we will give you the opportunity to correct any errors before you press "Buy Now".
Once you have pressed "Buy Now" you have made lastminute.com an offer to purchase the products from the supplier for whom we are acting as agent. We may sometimes send you an email acknowledging our receipt of your order. lastminute.com is authorized by each of its suppliers to accept your offer on the suppliers behalf, and for products other than "subject to availability" holidays or flights tickets, this acceptance occurs when we send you your e-mail confirmation. Once done there is a binding contract between you and your supplier for the product.
For dynamically packaged holidays
When you dynamically package your own holiday that is, when you bring more than one travel element together using our dynamic packaging software so that they can be purchased as one packaged holiday product, you are making us the offer to purchase this packaged product when you press "Buy Now" at the shopping basket stage. Don't worry if you have made any mistakes in inputting any of your details as we will give you the opportunity to correct any errors before you press "Buy Now".
Once you have pressed "Buy Now" you have made lastminute.com an offer to purchase the products. lastminute.com may send you an email acknowledging our receipt of your order. However, we accept your offer when we send you your confirmation e-mail. Once done there is a binding contract between you and lastminute.com for the product.
For "subject to availability" holidays
When we place "subject to availability" holidays on the site we are inviting you to make an offer for their purchase. You do not make this offer until you press the "Buy Now" at the shopping basket stage. Don't worry if you have made any mistakes in inputting any of your details as we will give you the opportunity to correct any errors before you press "Buy Now".
Once you have pressed "Buy Now" you have made lastminute.com an offer to purchase the "subject to availability" holiday from the tour operator for whom we are acting as travel agent. lastminute.com is authorized by each of its suppliers to accept this offer on their behalf however the tour operator requires a short period of time to check to see if the holiday is still available. Therefore the lastminute.com e-mail confirmation is NOT the contractual acceptance, but merely an acknowledgement that we have received your offer.
If the holiday is available the tour operator will automatically process your order and let you know that the holiday has been booked. The contract is formed on processing when your confirmation invoice is sent to you. Please note that once the order is processed you can only cancel the holiday in accordance with the relevant tour operators' terms and conditions which may impose cancellation charges. Equally you may also be subject to lastminute.com cancellation charges to cover our administration costs.
If the holiday is not available the tour operator will contact you with possible alternatives.
For flights products
When we present flight allocations on the site we are inviting you to make an offer for their purchase. You do not make this offer until you press the "Confirm" button at the shopping basket stage. Don't worry if you have made any mistakes in inputting any of your details as we will give you the opportunity to correct any errors before you press "Confirm".
Once you have pressed "Confirm" you have made lastminute.com an offer to purchase the flight(s) from the airline for whom we are acting as travel agent. lastminute.com is authorized by each of its suppliers to accept this offer on their behalf. The lastminute.com confirmation e-mail is the contractual acceptance of your offer.
Be aware that certain airlines do not maintain "real time" seat availability in the airline reservations system to which we connect. Whilst every effort is made to reflect the true situation, instances may occur when airlines cancel sales. We will advise you within one working day if this is the case and will do all we can to reinstate your booking.
Please note that once the order is ticketed you can only cancel the flight in accordance with the relevant restrictions on the ticket which may impose cancellation charges or state that the ticket is non-refundable. Equally you may also be subject to lastminute.com cancellation charges to cover our administration costs.