The following booking conditions set out the terms and conditions of the contract between you and Useeka Ltd, so please take the time to read carefully. Useeka Ltd is a trading name of the Freedom Travel Group. Our contract, and our obligations to you, will vary depending upon, whether what you book a "Package", a "Single Component" or Flights with us. The details of these obligations are detailed below. In addition, certain obligations are relevant to all bookings and these also are detailed below.
You will be booking a package holiday with us if you book a combination of two or more holiday components (not including travel insurance) which are sold at an inclusive price by us at the same time. Please note that a transfer, when combined with either a flight or accommodation, does not constitute a package holiday.
Single Travel Components are individual items provided by our suppliers, such as accommodation or rail tickets. If you only buy one Component, we will have no liability to you and your contract will be direct with that supplier. You can buy more than one Single Component at the same time. If you book accommodation and a travel component put together by us for you, we accept that booking is a package and we are the organiser of that package. Please note that a transfer, when combined with either a flight or accommodation, does not constitute a package holiday.
Package Holiday Contracts:
The contract is between The Freedom Travel Group Limited a member of ABTA and the customer being any person travelling or intending to travel on a tour operated by the company. The contract, including all matters arising from it, is subject to English law and the exclusive jurisdiction of the English courts. You may however choose the law and jurisdiction of Scotland and Northern Ireland if you wish to do so. No variation of these terms will be valid unless confirmed by us in writing. A contract will exist as soon as we issue our booking confirmation. By completing a booking, the lead passenger confirms that all persons names in the booking (and their personal representatives) have agreed to be bound by these conditions and the terms of its suppliers.
Your Financial Protection:
The Package Travel, Package Holiday and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked through our company and your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority.
Our ATOL number is ATOL 6042. 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
We are a member of ABTA, membership number L903X. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information can be found at www.abta.com.
The arbitration scheme is arranged by ABTA and administered independently by the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.
The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of illness or physical injury or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday outside this time limit arbitration under the Scheme may still be available if the company agrees, but the ABTA code does not require such agreement. For injury and illness claims, you may like to use the ABTA /Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead the aim is to help you resolve your dispute in a quick and cost effective way. Details on request or from www.abta.com.
Your Holiday Price Policy:
The price of your holiday will be confirmed at the time of making the booking. When you make your booking you must pay a minimum deposit of £150 per person (excluding infants under two years of age at the date of return). Should your booking include scheduled flights, budget flights or other special arrangements the deposit required may vary up to the full ticket price. You will be advised of the required amount at the time booking. The balance of the price of your travel arrangements must be paid at least 12 weeks before your departure date.
Balance due dates may vary where scheduled flights are included and where ticketing deadlines are unexpectedly brought forward this may result in a request for earlier payment. If the deposit and/or balance are not paid on time, we reserve the right to cancel your travel arrangements and retain your deposit. The price of your holiday may change after you have booked due to 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. However there will be no change within 30 days of your departure.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one or cancelling and receiving a full refund of all monies paid, 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. 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. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
If You Change Your Booking (excludes name changes):
If, after our confirmation invoice has been issued, you wish to change your holiday in any way, for example your chosen date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes must be made in writing. We will charge for any additional services facilities, or other items changed, at the price, which applies on the day the change is made. We cannot guarantee that such requests will be met. Where we can meet requests, an amendment fee of £50 per person, per amendment, will be payable along with any additional costs imposed by any of our suppliers. Changes requested within 71 days of departure, will be treated as a cancellation and rebooking, and the cancellation charges below apply. Exceptions: Certain arrangements may not be amended or cancelled after they have been confirmed regardless of the notice period given to us. In some cases it may not be possible to offer any refunds for air tickets, hotel accommodation, tours, excursions or attraction tickets which could incur a cancellation charge of up to 100% of that part of the arrangements.
You should be aware that these costs could increase the closer to departure date that changes are made and you should contact us as soon as possible. Please note certain travel arrangements (e.g. apex tickets) 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. Changes must be made with the Travel Agency you booked your holiday with and not with suppliers directly.
Name Changes Before Travel:
Except for holidays including budget or scheduled flights if we receive notification of a change within 8 weeks of departure the charge will be £40 per name change. Any changes outside of 8 weeks will incur a charge of £30 per name change. For holidays including scheduled flights, please note that some scheduled airlines do not permit name changes for any reason. Such charges are likely to include the full costs of the flight and may be subject to space being available for a new reservation.
If You Cancel Your Booking With Us:
Written notification from the person who made the booking must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below:
Period before departure within which written cancellation is received by The Freedom Travel Group Limited Amount of cancellation charges shown as a percentage of the booking price.*
|More than 98 days from departure
||30% or deposit if greater
|8 - 21 days
|7 days or less
Please note - if the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. The full insurance premium is retained in the event of cancellation. * Bookings that include Budget/Schedule Flights may incur different cancellation charges. Please confirm at the time of booking.
If we Amend or Cancel Your Booking:
It is unlikely that we will have to make any changes to your travel arrangements, as we do plan the arrangements many months in advance. Occasionally we have to make changes and we reserve the right to do so at any time. Most of these changes are minor and we will advise you of them at the earliest possible date.
We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular group travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 12 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in the table below. In accordance with EU Directive – (EC) No.2111/2005, article 9, we are required to bring your attention the existence of a ‘community list’, which contains details of air carriers that are subject to an operating ban within the EU Community. The community list is available for inspection at www.air-ban.europa.eu
In accordance with EU regulations, we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such change is deemed a minor change. Other examples of minor changes include alteration of your outward/return flights by up to 12 hours, dependent on duration of trip, changes to aircraft type, change of accommodation to another of the same standard.
When a major change occurs, we will inform you as soon as reasonably possible, if there is time before departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
Period before departure within which a major change or cancellation is notified to you or your travel agent. Credit/compensation per full fare paying passengers (excluding infants).*
|More than 84 days
*For children invoiced at reduced rates, credit/compensation will be paid on a pro rota basis of the adult rate.
Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, threat of war, riot, civil disobedience or strike, industrial dispute, terrorist activity and its consequences, acts of god, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport providers, closure of airports or any unforeseeable or unavoidable event beyond our control.
If You Have A Complaint:
If you have a problem during your holiday it is of the utmost importance that you immediately bring it to the attention of the relevant person (for example the resort representative, hotel manager or transport agent) who will do their best to put things right. If your complaint is not resolved locally, you should contact us on 01208 831 400 to advise us of the problem so that we can do our best to resolve it.
However, should a problem remain unresolved, a complaint should be made in writing within 28 days of your return home to: Customer Relations Department, Freedom Travel Group Limited, Hamil Road, Burslem, Stoke on Trent, ST6 1AJ. Please give your booking reference and all relevant information keeping your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as any resort representative without delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
We aim to resolve all complaints amicably, but if this is not possible your complaint can be considered under a scheme arranged by the Association of British Travel Agents and administered by the Chartered Institute of Arbitrators. Full details will be provided on request or obtained from the ABTA website www.abta.com.
Our Liability To You:
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you an appropriate compensation if this has affected the enjoyment of your travel arrangements. However, we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to:
a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices: The Freedom Travel Group, Hamil Road, Burslem, Stoke on Trent, Staffordshire ST6 1AJ.
Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these terms and conditions. If any payments to you are due from us any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport Users’ Council 020 7240 6061 www.auc.org.uk.
Prompt Assistance In Resort:
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
Passport, Visa, Immigration and Vaccination Requirements:
A full British passport (valid for at least 6 months beyond the end of your holiday) is required for travel 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. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements or if you are not in possession of the relevant vaccination certificates. It is also your responsibility to arrange adequate insurance cover for your trip and to take relevant details of the policy with you.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
It is your responsibility to ensure that you arrive in good time to board all flights or other methods of transportation. To assist you, we will notify you of the time by which you should arrive at all points of departure. If you miss a flight or other transportation we will try to arrange alternative transportation, but reserve the right to recover from you any costs we incur in making such arrangements.
Any rail, road and other departure times are supplied by the carriers. They are subject to inter alia, air traffic control restrictions, weather conditions, the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that departures will take place at the times shown on your tickets. The timings are estimates only. The Freedom Travel Group Limited does not have any liability to you for any delays that may arise. Further, your dealings with all carriers are subject to the conditions of the carrier, some of which may limit or exclude liability. Where we are in a position to do so, we will give you information before you book concerning the airline on which you will fly, your airport of destination and type of aircraft on which you subsequently, and you choose to cancel as a result, our normal cancellation charges will apply. Any arrangements in the event of a delay will be at the sole discretion of the airline or other carrier involved.
Conditions of Travel:
We reserve the right to require any passenger to produce medical evidence of their fitness to travel. Passengers with a disability, which may require special treatment or assistance, must advise The Freedom Travel Group Limited in writing of the condition so that appropriate advice and assistance can be given. .NB Passengers may be refused passage where as a result of failing to notify The Freedom Travel Group Limited appropriate arrangements cannot be made.
The Freedom Travel Group Limited has no control over the allocation of airline seats and cannot guarantee any seat requests. Baggage allowance will vary by destination-please check (with the airline used) for details. Passengers are advised that most airlines operate a non-smoking policy. We reserve the right to determine the hotel, air carrier, flight routing (flights will not necessarily be direct or non-stop) and airport, for all holidays advertised.
Where special requests for flight seats, room allocation, diet considerations etc are required we must be made aware of them at time of booking. Whilst every effort will be made to ensure that these requests are fulfilled, they cannot be guaranteed. Furthermore, The Freedom Travel Group Limited will not be liable for claims for consequential loss where written advice of special needs and requirements has not been received in writing at the time of booking. Where special requests for flight seats are passed on by The Freedom Travel Group Limited to an airline, the confirmation of seat numbers is at the discretion of the airline.
You must not behave in a way that may cause distress or annoyance to others or may create the risk of danger or damage to property. If you are subject to arrest or prevented from travelling at the discretion of an airline or other transport providers, or if you are evicted from a hotel at the discretion of the hotel management, The Freedom Travel Group Limited will not refund any portion of the cost of your holiday and, if The Freedom Travel Group Limited incurs any expense because of your behaviour, you will be obliged to compensate The Freedom Travel Group Limited for those expenses.
Single Component Contracts:
Price increases may occur, due to 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, any time prior to full payment being received from you, and you will be liable to pay any such increases in full.
Transfer of Bookings:
Transfer of any type of booking is subject to the supplier's own terms and conditions and the applicable amendment or cancellation charges.
Booking Changes and Cancellations:
Bookings for Single Components may be amended or cancelled in accordance with the relevant supplier's terms and conditions and subject to the supplier's amendment and cancellation charges. In respect of accommodation only bookings, changes can be made subject to the following conditions;
||More than 56 days notice = £15 for each name change. Less than 56 days notice = £25 per name change.
|Changes of accommodation:
||Changes of accommodation will be permitted at a charge of £15 per accommodation change, per booking (subject to availability).
|Changes to departure date:
||Changes of departure date will be permitted at a charge of £15 per accommodation change, per booking (subject to availability).
|Reduction in number of persons in party:
||If the number of persons in your party is reduced, an amendment charge of £15 per person will be payable for each person who has been taken off the booking. The accommodation charges will be re-calculated. Please note that reductions in the number of persons in a booking party may result in accommodation under-occupancy supplements and higher per person price.
In addition to these charges, the accommodation proprietor may make additional charges. These will be notified at the time we are instructed to make the change to your booking. Also, if the changed arrangements are more expensive than those on the original booking you must pay the price difference.
If you wish to make any further changes, other than those listed above, if the changed arrangements are more expensive than those on the original booking you must pay the price difference, plus a £15 administration fee per change, per booking. Any of the above changes made within 48 hours may incur full cancellation charges.
It Is Your Responsibility To Confirm Your Details Are Correct:
Please check all your booking details carefully to ensure that your flight timings and/or date of travel/accommodation check-in coincide with the dates of any other components you have booked. We will not be liable for any costs incurred as a result of your failure to do so.
Our Liability To You:
Our role is solely that of a booking agent for the relevant supplier, and therefore, have no liability whatsoever to you for any death, personal injury or loss of whatever nature you may suffer unless directly caused by our own negligence.
Conditions Relevant To All Bookings:
Our Payment Policy:
If your booking is made more than 12 weeks before the intended departure date, you must:
- For packages, pay a minimum deposit of £130. Where a package includes a scheduled flight (including budget carriers), the full cost of the flight plus the cost of the 1st night’s accommodation will be required on booking.
- For accommodation only, pay a deposit to cover the cost of the 1st night’s accommodation.
- For other single travel components if booked with accommodation these will be included within your accommodation deposit.
- For flights, pay the full fare (depending on the carrier's conditions for the travel arrangements in question).
- For any single travel component that is booked without accommodation then we require full payment.
- Pay any such other deposit that may be required by a supplier of services for your travel arrangements.
You will be advised at the time of booking what payment is required for your particular arrangements. The balance of the cost of your travel arrangements must be paid no later than 12 weeks before the departure date. If your booking is made within 12 weeks of your intended departure date, the total cost of your travel arrangements must be paid at the time of booking. Failure to make all relevant payments on time may result in your travel arrangements being cancelled.
Accepted Methods of Payment:
We accept Visa, MasterCard and American Express. Customers choosing to pay with credit card will be subject to a handling fee of which will be confirmed at the time of booking.
We welcome payment by Maestro, Delta or Connect debit cards.
A deposit for any online or telephone booking must be paid by a credit or debit card. We will accept final payment of the balance by cheque. Cheques should be made payable to The Freedom Travel Group. Please note that we require 7 working days to clear cheques before tickets can be issued. Please note we do not accept payment by cash.
It is a requirement of our contract with you that you have adequate insurance cover for your journey. If we do not make insurance a condition of our contract with you, we strongly recommend that you arrange adequate travel insurance cover. Where insurance is obligatory, you must provide us with the name and address of the insurance company from which you have purchased suitable alternative cover.
Reconfirmation of Travel Times:
It is your responsibility to ensure that you reconfirm the departure date and times of all your flights at least 72 hours prior to departure. This is particularly important in respect of subsequent journeys after you have left the UK. Please refer to your travel documents for airline contact details.
Your tickets and any other documents relating to your booking will be sent to the address which you give us at the time of booking. Provided you have paid the total cost of the travel arrangements, we will dispatch your tickets to you 2 weeks prior to departure. It is your responsibility to ensure all your travel documents are accurate before departure.
For bookings made within 5 days of departure, it may be necessary for us to use a courier company which guarantees next day delivery and you will be charged a £10 delivery charge. Please note that the delivery charge is non-refundable.
Third Party Supplier Conditions:
Our third party suppliers have their own booking and carriage conditions and you will be bound by these so far as the 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, except 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 they are often subject to international conventions.
If any international convention applies to or governs any of the services or facilities 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). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. 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 travel arrangements.
Dealing With Special Requests:
If you have a special request for anything that is not automatically part of your Holiday, please check when you book your Holiday 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.
In Resort Descriptions:
Sometimes facilities we describe will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. If possible, we will tell you about the withdrawal of any significant facility as soon as possible. Some activities or facilities, water-sports for example, may not be available in low season. Beach activities such as water-skiing and paragliding are normally managed by independent local operators and we have no control over their availability or prices. 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 resort and accommodation. 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.
Your Personal Travel Responsibilities:
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 affect 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, we may end your holiday arrangements and this could mean we may either ask you to leave your booked accommodation, or prevent you from boarding the aircraft. We 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.