Package Holidays and City Breaks - Terms and Conditions

City Breaks/Flight + Hotel


1. Your Contract
When you create your own package holiday (for example when you package together two or more of a flight, hotel or carhire) on the lastminute.com site (or any other site using the lastminute.com dynamic packaging technology) your contract will be with LM Travel Services Limited ("we", "us") which is part of the Travelocity group. LM Travel Services Limited holds an Air Travel Organisers License (ATOL 3970) for your financial security and are members of ABTA (E7760). When booking travel arrangements our contract with you begins when you receive the confirmation e-mail stating that we have received your order. Once the contract is made we are responsible for providing the travel arrangements you have booked and you are responsible to us to pay for them. In parties of two or more people the person who makes the booking accepts responsibility for making payments to us for all members of the party.

Your Financial Protection
When you buy an ATOL protected air package from us you will receive a confirmation e-mail from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser's Licence number ATOL 3970. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.

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.

The price of your air holiday package includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the Air Travel Trust Fund. 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. Please ask us to confirm what protection may apply to your booking. .

2. How to make a booking
To secure a booking you must fill in all the relevant fields on the online booking form and then wait for us to send you an e-mail confirming that booking.

3. Payments
Unless otherwise specified on the website we take full payment by credit / debit card for your package holiday when you book. PLEASE NOTE: We do not accept payment using third party credit/debit cards. Only travelling passengers can make payments using their own credit/debit card.

4. Additional Charges
We reserve the right to change our prices at any time before you book. If we do you will be told of the revised price applicable to your booking before you commit yourself. As soon as you have paid full payment and your holiday arrangements have been confirmed we guarantee that from 30 days before your departure date that the price of your holiday will not be subject to any surcharges excepting for :-

(i) variations in transportation costs, including the cost of fuel;
(ii) variations in dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports;andthat within 30 days of your departure date we guarantee that the price of your holiday will not be subject to any surcharges.

Should the above mentioned price variations be downward then the price of your holiday will be accordingly reduced and any refund due paid to you.

If the above price variations mean that the cost of your holiday goes up, we will absorb and you will not be charged for any increase equal to up to 2% on your holiday price. You will only have to pay the amount over and above that 2% of the holiday price.If the above price variations increase the price of your holiday by more than 10% you will be entitled to;

i) take our offered substitute package of equivalent or superior quality if we are able to provide one
ii) take our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered
iii) cancel your holiday with a full refund of all monies paid.

We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of travel arrangements unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs.

Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due):

 

Time before your holiday begins when we tell you about a significant change Compensation per person
More than 56 days Nil
43 - 56 days £10
29 - 42 days £20
15 - 28 days £30
14 days or less £50


5. Changes by us to, or cancellation by us of, your travel arrangements
It is very unlikely that we will have to make any changes to, or to cancel, your holiday. However, we do plan arrangements a long time in advance and we use the services of independent suppliers, such as hotels, airlines etc . . ., over whom we have no direct control. If it is the case that changes need to be made, or we need to cancel your arrangements, we reserve the right to do so at any time. Most of these changes are minor, and we do not pay compensation for minor changes, but whenever possible we will advise you. Any flight timings and carriers in the brochure or on our websites are subject to change as a result of airline procedures and these details are given for guidance only. Final details will be shown on your tickets.

If a SIGNIFICANT CHANGE to your holiday occurs or becomes necessary, we will inform you or your Travel Agent as soon as possible if there is time before departure. When a SIGNIFICANT CHANGE occurs ( such as a change of resort, downgrade of accommodation or a change of flight time of more than 12 hours) or we have to cancel your arrangements, you will have the choice of:

i) accepting the change of arrangements.
ii) taking our offered substitute package of equivalent or superior quality if we are able to provide one.
iii) taking our offered substitute package of lower quality if we are able to provide one and accept a refund from us of the difference in price between the price of the package purchased and the substitute one offered.iv) cancelling your holiday with a full refund of all monies paid.

We will also pay appropriate compensation for SIGNIFICANT CHANGES or cancellation of travel arrangements unless the change to or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure. In these circumstances we will also not pay any resulting expenses or additional costs.

Where compensation is due, we will pay you the following amounts, unless you can prove a greater loss (where a greater compensation payment may be due):

Time before your holiday begins when we tell you about a significant change Compensation per person
More than 56 days Nil
43 - 56 days £10
29 - 42 days £20
15 - 28 days £30
14 days or less £50

6. Changes by you to your travel arrangements
If after our confirmation has been issued you wish to change any part of your travel arrangements, we will make every effort to help you do this, subject to availability and the type of ultimate product suppliers (airlines, car-hire companies, hotels etc), you have chosen and their cancellation/change charges details of which will be provided to you on request at any time including prior to booking. If you want to change any details regarding your flight reservation, airline rules mean that we may have to cancel your original flight and purchase a new one and you will be required to pay the full flight cost againWe will charge you an administration charge of £45.00 per change per booking, and you will be liable to pay the hotel, car-hire, airline or other ultimate product charges resulting from your changes. NB: Once Airline Tickets are issued, usually 28 days prior to departure, changes are not permitted. Changes after airline tickets are issued will result in a 100% cancellation charge.

7. Cancellation by you
If you wish to cancel your travel arrangements for any other reason than for there being additional charges (see clause 4) or alterations (clause 5) we must be notified in writing. Cancellation will be deemed to occur on the day we receive this cancellation request so you may want to use recorded delivery. As this incurs administrative costs we will charge you an administration charge of £45.00 per person per booking, and you will be liable to pay the hotel, car-hire, airline or other charges levied on us as a result of your cancellation.

After ticket issue cancellation will result in a loss of 100% of total cost of all travel arrangements in most cases. Please consult your reservation advisor if you have any queries.

You will have the opportunity to see certain cancellation charges at the time of booking and copies of all suppliers’ terms and conditions relating to your booking are available on request at any time. For example if you have included car hire as a component in your package holiday there are both additional terms and cancellation charges, they are detailed in clause 16 below. In addition if you have booked a tour and/or an excursion the cancellation charges (imposed upon us by our suppliers) are likely to be 100%.

If you have taken out holiday insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain payment of these cancellation charges (after deducting any part of the claim which the insurance company insists you pay) from your insurance company. You must pay the cancellation charges first. Please make sure you get written confirmation of your cancellation from us - this proves we have received your cancellation and you will need it to make a claim on your insurance.

When you create your own air package holiday on lastminute.com website, your money is protected in the unlikely event of our insolvency, since we hold an Air Travel Organiser's Licence granted by CAA. £2.50 per person of the cost of your air holiday package is paid to CAA to provide ATOL Protection for you. If you decide to cancel your booking with us, you will be still liable to pay this fee.

8. The Company's Liability to you
We accept liability for matters which arise as a result of our negligence and/or breach of our contractual duty to exercise care in making arrangements for you, including any acts or omissions by our employees or agentsWe also accept liability for any negligent act or omission of our suppliers who may operate elements of your holiday arrangements, including any claim involving death, personal injury or illness. However, in respect of carriage by air, sea and rail the company limits its liability to the extent of the relevant international convention. You are subjected to the terms and conditions of the carriers concerned some of which exclude or limit liability in respect of death, injury, delay and loss or damage to baggage. It is also important to note that if delays, diversions or rescheduling or cancellation of your arrangements occurs by reason of unusual and unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if all due care had been exercised such as war, a state of war, riot, fire, civil strife, industrial action, terrorist activity, natural or nuclear disaster, adverse weather conditions or other conditions amounting to force majeure we will not be liable. In these circumstances we will also not pay any resulting expenses or additional costs.

Should you or any member of your party suffer illness, personal injury or death whilst overseas arising out of any activity which does not form part of the foreign inclusive holiday arrangements or excursion arranged through us, we shall, at our discretion offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to ourselves and this assignment is limited to the amount of costs actually and reasonably incurred by us in assisting you. Our costs in respect of the above on behalf of you and your party shall not exceed £5000.00 in total. The company does not accept liability for travel documents which are not received due to failure of a third party supplier to fulfil their obligations e.g. the post office, courier etc. Copies of the terms and conditions of our suppliers and carriers and copies of relevant international conventions shall be made available on request from LM Travel Services Limited.

9. Claims and Complaints
If you have a complaint whilst on holiday you must tell the relevant supplier (e.g. hotel) or our agent immediately. Most problems can be solved on the spot but if after you return home you are still not satisfied you must write to our customer relations department in London on your return. It is unlikely that you will have a complaint that cannot be settled amicably between us, however, if this is not the case any dispute arising out of, or in connection with this contract, may (if you wish) be referred to Arbitration under a special scheme, which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability of the client in respect of costs. The scheme does not apply to claims for an amount greater than £5,000.00 per person or £15,000.00 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, although it does include claims with an element of injury or illness up to £1,000 on that element. Written notice requesting Arbitration must be made within 9 months after the scheduled date of return from holiday.

10.Brochures and Web Sites
Every effort has been made to ensure the accuracy of descriptions and information. However, we are not always able to control all the components of the holiday arrangements and it is possible that an advertised facility may be withdrawn or changed, due to weather conditions, lack of demand or for maintenance, renovations etc...We will advise you if we become aware of a major changeWe will make all reasonable efforts to inform you of any changes at any stage in your booking prior to travelWe will advise you if we become aware of a major change (eg a change of resort, hotel, or a change of flight time of more than 12 hours, and if any changes occur after you have confirmed booking you should refer to clause 5 of these Terms and Conditions for the options available to you in these circumstances.

11. Passport/Visas/Health requirements
We can only advise of the requirements for British and Irish passport holders. All requirements should be checked with the relevant Embassy of the destination country. A valid 10-year passport is necessary for all our holidays. Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If your passport is in its final year of validity, we advise you confirm the requirements of the destination before making final travel plans. You should apply for a passport or to renew an expired passport at least four weeks before traveling.

The UK Passport Agency can provide further information at: www.ukpa.gov.uk

Passports for children and young people:
Children not already included on a valid British passport will need to hold their own passport if they are to travel abroad. Children who were included on a passport before 5 October 1998 may continue to travel with the passport holder until:

* The child reaches the age of 16;
or* The passport on which the child is included expires;
or * The passport on which the child is included is replaced or an amendment results in the issue of a new passport

Names: The name on the passport must match the name on the ticket, otherwise you may not be able to travel and insurance may be invalid. If, after booking a holiday but before traveling, any member of your party changes their name, e.g. as a result of getting married, we must be notified immediately so that we can make the necessary changes to your holiday documentation.

Visas:
You should contact your Embassy for information and advice on the visa requirements of the countries you propose to visit. Please note: Passport and visa regulations can change and you should therefore check with the relevant embassy well in advance of travel, even if you have traveled to this destination before. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of timeWe accept no responsibility for customers who do not possess the correct documents.

Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include the Department of Health's free leaflet "Health Advice For Travellers", your GP or a specialist clinic. Please note that you are strongly advised against scuba diving for 24hrs before travelling by air.For the most up-to-date essential information on your choice of destination and to ensure you make the most of your trip abroad, we recommend you visit the Foreign Commonwealth Office (FCO) website at www.fco.gov/uk/knowbeforeyougo

12. Insurance
You must in all cases take out adequate travel insurance through the company, the travel agent or other approved insurance supplier.

13. LM Travel Services Limited - Data Protection Policy

Please find below our privacy policy which shall be deemed to be incorporated into these terms and conditions. LM Travel Services Limited takes the privacy of its customers' data very seriously. Please read the following 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 our 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.

When do we collect data?
We can collect data on you from a variety of different sources these include:

1. When you purchase products or services from the site or via any of our other distribution channels;
2. When you become a subscriber;
3. When you speak to our customer services personnel;
4. Via explicit data capture measures, for example by entering competitions and completing surveys; and
5. Via implicit data capture measures such as studying which pages you read the most and the use of cookies.

In any of the above cases the data we collect could be personal data.

What do we do with your personal information?
When you buy anything via the site or give us any personal data as indicated above , we may need to collect information about you to process the transaction, fulfill your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.

Unless we have your express consent we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.

By becoming a subscriber you consent to receive from us by e-mail our e-newsletter and details of other special offers which we may think may be of interest to you.

LM Travel Services Limited retains and uses your personal information to provide you with the best remote commerce (including electronic and mobile commerce) experience by providing you with a personalised service and to give you details of offers which we think will be of interest to youWe may also use the information to process any transactions you undertake with us and for internal administration and analysis. For quality assurance and training reasons we record most of the calls you make to us.

We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.

For any of the above purposes we may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK.

Cookies
Cookies are small files which are sent to your browser and stored on your computer's hard disc. Whenever you visit LM Travel Services Limited websites and unless you elect not to receive cookies, then your computer will store an identifying code in the cookie which may mean you do not need to type in your email address each time you return to the site. Other than this, we do not store your password or any other information in the cookie, or use it for any other purpose. Our third-party advertiser may place or recognise a unique cookie on your browser. You can at any time set your browser to notify you before you receive a cookie, giving you the opportunity to decide whether to accept it. You can also set your browser to turn off cookies.

Third Party Advertising
The ads appearing on this Web site are delivered to you, on our behalf, by our Web advertising partner. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address, or any other personal information), is used to serve ads.

Data
In the UK we operate and are registered in accordance with applicable data protection legislation.

Consent
By disclosing your personal information to us using this website or over the telephone, you consent to the collection, storage and processing of your personal information by LM Travel Services Limited in the manner set out in this Privacy Policy. Some information and e-mails sent to LM Travel Services Limited may be used as testimonials but no e-mail address or contact details will be displayed.Opt-Out Policy

The LM Travel Services Limited Newsletter subscribers have the option to opt-out of receiving further information from us. Click here to unsubscribe. Change/Modify Details. To change your e-mail address details send an e-mail with your correct details to: marketing@lastminute.com. If you need to Modify or Change your personal details after you have made a purchase on the site please contact us as soon as possible.

Contact
If you have any questions or concerns about the information we hold about you, you can also contact us.

14. Unreasonable Behaviour
If in the reasonable opinion of a person in authority including a pilot or captain you are not fit to travel, he or she may refuse to let you board the aircraft or train or ship. Normally this happens if such a person thinks you are likely to disturb or harm other passengers. In this case your contract with us will end immediately and we will no longer be responsible for you. In addition if your behaviour is such that an hoteliers reasonable opinion leads him or her to the view that they are unable to accommodate you, you may be asked to leave the hotel. In this instance no refund for lost nights accommodation will be made and the cost of any other accommodation or travel expenses will be absolutely your responsibility

We will also hold members of your party jointly and individually liable for any damage to the property, together with legal costs incurred in pursuing the claimWe can not be held responsible for the behaviour or actions of other individuals or guests who have no connection with your holiday arrangements or ourselves.

15. Jurisdiction
This contract is made on the terms of these booking conditions which are governed by English Law and both parties shall submit to the jurisdiction of English Courts at all times unless the consumer chooses the jurisdiction of their domicile in Scotland or Northern Ireland.