The following Booking Conditions form the basis of your relationship with Dawson & Sanderson Ltd of 26 Ridley Place, Newcastle Upon Tyne, NE1 8JW trading as www.holidayco.co.uk, www.cruiseharbour.co.uk, www.flightco.co.uk. Please read them carefully as they set out our respective rights and obligations. References to "you" and "your" in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them. “We” “us” and “our” means Dawson & Sanderson Ltd. References to “Arrangement(s)” are to the packages (including cruises), flights, accommodation, car hire and other services featured on our websites.
Except where otherwise specified, we act only as an agent in respect of all bookings we take and/or make on your behalf.
We accept no liability in relation to any contract you enter into or for any Arrangements that you purchase or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any Arrangements. For all Arrangements, your contract will be with the supplier of the Arrangements in question (the “Supplier/Principal”). When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant Supplier/Principal(s) you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s booking conditions may limit and/or exclude the Supplier/Principal's liability to you. Copies of applicable conditions are available on request from us.
If you book more than one Arrangement (such as a hotel and a flight or a flight and a cruise), you will enter into a separate contract with each Supplier/Principal. You may decide to make one or more bookings with us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All Arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
All references to ‘packages’ and ‘package holidays’ on our website, marketing material or in these Agency Terms & Conditions means packages organised by third party Supplier/Principals on whose behalf we act as an agent. Dawson & Sanderson Ltd does not organise or sell packages in its own name.
By making a booking with us, you agree that you:
- have read these Agency Terms & Conditions and agree to be bound by them;
- are over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services;
- accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
We act in the following capacities: as an agent to help you to book individual holiday Arrangements and as a Flight-Plus provider. Our obligations to you may vary depending upon which Arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings. Section B contains the conditions that will apply to Flight-Plus bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
Booking and Payment
In order to confirm your chosen Arrangements, you must pay a deposit as required by the Supplier/Principal of the Arrangements in question (or full payment if booking within 14 weeks of departure). You must also pay all applicable insurance premiums and booking fees. Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.
Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Arrangements will be held on behalf of the Supplier/Principal concerned, with the exception of bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.
Please Note: We do not apply a charge where you pay for your Arrangements with a credit or debit card.
Low Deposit Offers
Low Deposit offers are only available on selected package holidays for existing customers who have never defaulted on payment in the past. For a list of holidays that apply to the Low Deposit offer, please call 0800 954 3701.
Where you wish to book a Low Deposit offer an administration fee of £10 per person, per booking will be payable; in addition to any other fees or charges advised to you at the time of booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
You are strongly recommended to take out personal travel insurance for all members of your party. Indeed, all of our Supplier/Principals require that you take out adequate insurance as a condition of your contract with them.
We will be pleased to arrange insurance cover for you, at the time of your booking, although you are free to make your own arrangements. If you choose not to purchase insurance via ourselves, you must advise us of the company you are insured with in case we are contacted by the Supplier/Principal in a medical emergency.
Whether you purchase insurance via us or make your own arrangements, it is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
If you have any special requests (for example dietary requirements or room location), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can't guarantee that they will be met and we will have no liability to you if they are not.
Changes and Cancellations by You
Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the booking conditions of the Supplier/Principal of your Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition you must pay us an administration fee of £25 per person per booking.\
Please note: some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.
Changes and Cancellations by the Supplier/Principal
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative Arrangements offered by the Supplier/Principal but we will have no further liability to you.
Our Responsibility for your Booking
Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).
We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Visa, Passport and Health Requirements
Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the Arrangements you chose to purchase. We will endeavour to provide you with details as to the passport, visa and health requirements applicable for travellers with an EC passport during the booking process; however, information on visa, passport and health requirements, where given and applicable, is so given based on the above assumptions. Requirements may change and you are therefore strongly recommended to check the up to date position with the Supplier/Principal of the arrangements, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
It is your responsibility to ensure that all members of the travelling party must be in possession of a full 10-year British Citizen passport for travel outside the British Isles (this includes all children under 16 who are not already included on an adult passport). You must inform us if you are travelling on a British Subject’s Passport.
Persons over 16 on day of travel must have their own passport. On a family passport the lead name must travel.
Certain destinations may require at least 6 months validity remaining on the passport on the date of return.
It is your responsibility to ensure you have adequate visas for the destination you intend to visit.
Non British Citizens including other EU nationals should contact us or the embassy, high commission or consulate of your destination to get advice on passport and visa requirements.
Medical Advice – please ensure that you ask a doctor for any medical advice in relation to applicable vaccinations before you travel.
Because the contract for your Arrangements is between you and the Supplier/Principal, any queries or concerns about your Arrangements should be addressed to them. If you have a problem with your Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 14 for further details.
Law and Jurisdiction
These Agency Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
Accommodation Ratings and Standards
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
Documentation & Information
All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Arrangements or any other services please contact us.
We are a Member of ABTA, membership number 24664. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Tickets are normally despatched 10 days prior to departure. If you do not receive your tickets 10 days before departure please contact us at the contact details provided. For bookings made within 14 days of departure, travel tickets must be collected from the airport on the day of travel.
Please Note: tickets will only be sent to the lead passenger’s address that we have used for previous correspondence. However, where you make your booking within 16 weeks of departure and make payment by either credit or debit card, all documents and tickets will be sent to the cardholder’s billing address only.
All flight timings are shown in local time. All flight timings are provisional and could be subject to change. You will be informed of any major change. Acting as agent, we have no control over and shall not be liable for any change to a departure or arrival time previously given to you or shown on your ticket.
Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
SECTION B: FLIGHT-PLUS ARRANGEMENTS
This section applies to Flight-Plus bookings we make for you, when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.
Booking a Flight-Plus provides you with protection under our ATOL in the event of Supplier/Principal insolvency, but we are still acting as agent for the individual Supplier/Principals and a Flight-Plus booking does not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. We do however accept responsibility as a Flight-Plus arranger as defined in the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
What is a Flight-Plus?
A Flight-Plus exists where you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also book either living accommodation or self-drive car hire, which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, on the same day, the day before or the day after you book the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
A Flight-Plus will also exist where on the same day, the day before or the day after you book: a) a non flight inclusive Package, you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, where you book accommodation or self-drive car hire outside the UK. Please note that a flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the definition of a Flight-Plus is no longer satisfied. Where you book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
Our Liability for Flight-Plus
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant Supplier/Principal of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.
Financial Protection for Flight-Plus Bookings
We provide financial security for Flight-Plus arrangements (where we are the Arranger) under our ATOL number 1092. When you buy a Flight-Plus product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. For all Flight-Plus arrangements a charge of £7.50 per person will be added to the price of your arrangements and will be clearly displayed on your booking documentation. This includes a fee for the ATOL Protection Contribution (APC) that we pay to the CAA along with airline failure insurance. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
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.