The following Booking Conditions, together with all information relating to your chosen holiday contained on this website or in our relevant brochure, form the basis of your contract with Fly360.com (Part of U Travel 360 Ltd) . Please read them carefully as they set out our respective rights and obligations.
1. Making your booking
The party leader is responsible for making all payments due to us as referred to in below. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by sending a Booking Confirmation and Invoice to the party leader. Everyone going on holiday must check all documents (including the Booking Confirmation and Invoice) carefully. Contact us immediately if any information which appears on any document appears to be incorrect or incomplete as it may not be possible to make changes later.
In order to confirm your chosen holiday, usually a deposit of £130 per person for short breaks and £180 per person for all other holidays (or full payment if your booking is received within 8 weeks of departure) must be paid at the time of booking. In order to secure particular flight fares, we may require a higher deposit than normal (to include the full cost of the flight element) to be paid at the time of booking. We will advise you of this before you confirm your booking. If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time of booking (you must be insured). Please note: if you pay by credit card a 2% charge will apply. The balance of the holiday price must be received by us not less than 8 weeks prior to departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we will send you a written reminder. If you do not pay all payments due in full within 7 days of receiving this reminder, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in below will be payable. Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until we issue our confirmation invoice. After that point, your agent will hold the monies on our behalf. For flight inclusive bookings, all monies paid to such agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you
We consider adequate travel insurance to be essential. Details of the policy we offer are shown on this website and in our printed brochures. If you decide not to purchase this insurance, you must give details of your alternative policy (insurer and policy number) in writing at the time of booking. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We are not in a position to check alternative insurance policies.
4. Your contract
A binding contract between us comes into existence when we dispatch your Booking Confirmation and Invoice to the party leader. English law (and no other) will apply to this contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales . If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
5. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of up to £30 per element altered will be payable together with any costs or charges incurred by us and/or incurred or imposed by any of our suppliers.
6. Cancellation by you
Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing by recorded delivery post or fax. Your notice of cancellation will only be effective when it is received in writing by us at our offices. If we receive your notice of cancellation 8 weeks or more before departure, we will retain the full amount of your deposit (NB "deposit" includes, in addition to any other monies paid or due at that time, all amounts paid or due at the time of booking in respect of any flight(s) you have booked). If we receive it less than 8 weeks before departure, the following charges will be payable per person cancelling: NB The charges set out below are shown as a percentage of the total cost of the holiday* payable by the person(s) cancelling excluding insurance premiums and any amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling 56 or less 100%. *Please note: where you have booked a flight inclusive holiday with us where the cost of the flight(s) was not included in the basic price of your holiday but was payable in addition to that price, you will also have to pay the full cost of the flight element in addition to the cancellation charges set out above if you cancel less than 8 weeks before departure If any member(s) of your party is/are prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing the following requirements are complied with. We must be notified of the transfer(s) in writing (giving full details of the original and substitute party member(s)) not less than two weeks before departure. A transfer will not be possible if there is a waiting list for places in which case the available place must be offered to the next person on that list. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £30 must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
7. Changes and cancellation by us
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure, website and other details both before and after bookings
have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Most changes are minor. Occasionally, we have to
make a "significant change" before departure, such as: a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a
change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time or overall length of time you are away of twelve or more hours, alterations to
your confirmed place of departure that add more than 100 miles to any single leg of your journey. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is
time to do so before departure, we will offer you the choice of the following options:- (a) accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard
to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the
original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any
of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or (c)
cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change
made is a minor one. If we have to make a significant change or cancel we will as a minimum where compensation is due pay you reasonable compensation depending on the circumstances and when the
significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be
accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with
all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached - in this case we will notify you not later than 8 weeks
before departure. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions
entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or
which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday. Except as set out above, we will in addition,
where appropriate, pay you any reasonable proven costs and expenses you incur as a result of a cancellation by us. Very rarely, we may be forced by "force majeure" to change or terminate your holiday
after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any
refunds from our suppliers) pay you any compensation or be responsible for any costs or expenses incurred by you as a result. NB. If you have booked a flight through us and your flight is cancelled
or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 -
the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these
Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment,
distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where
those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight
cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the
airline's obligations under the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of
any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. If your airline does not
comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 or www.auc.org.uk.
Fly360.com reserves the right to cancel reservations and bookings in the event of a: