Your local tour operator
TravelLocal acts as agent for the Local Tour Operators and does not provide travel services itself. TravelLocal’s role is to select Local Tour Operators for you to contract directly with, to provide a website and booking platform at www.travellocal.com (the “Platform”) which allows you to access travel services provided by Local Tour Operators, to provide a forum for communication directly with the Local Tour Operator, and to provide a secure, easy way to pay such Local Tour Operators using credit or debit card, and to financially protect all payments made through the Platform.
When you make a booking via the Platform your booking is financially protected in the event of either TravelLocal or the Local Tour Operator becoming insolvent. TravelLocal is a member of ABTA, membership number P6930. This protects payments made to TravelLocal by you and means that in the event of TravelLocal’s insolvency your payments would be financially protected. For details please see clause ix below and www.abta.com. In addition, TravelLocal has taken out a separate insurance policy with Vantage, a UK insurance company, under number TOTAH001315 to protect you financially in the event of a Local Tour Operator featured on our Platform becoming insolvent. Under this policy, all, bookings made through our Platform with such Local Tour Operators would be financially protected. Please see clause ix below for more on ABTA and the financial protection you receive under this Vantage insurance policy. Our membership of ABTA and this Vantage insurance policy provide financial protection for any payments you make via the Platform only; neither membership of ABTA or our Vantage insurance policy will provide you with cover for any accidents, injuries, losses etc which may occur on your travels. We therefore strongly advise you to take out suitable personal travel insurance providing cover for such occurrences for all members of your party and for the proper performance of travel services provided to you by the Local Tour Operators (see Clause viii for further details).
This page (together with any documents referred to on it) explains to you the terms on which you (the user of the Platform and any members of your party, as may be relevant, depending on the context) may make use of the Platform, whether as a visitor to the Platform or a registered user, and the terms on which we will arrange for you to enter into a contract with Local Tour Operators who will be solely responsible for providing any travel services which you book (whether as the direct suppliers themselves, or as the tour operator organising your travel services for you using their sub-contracted suppliers). For the avoidance of doubt, if a Local Tour Operator is using sub-contracted suppliers to provide travel services to you, then the Local Tour Operator will be still be responsible to you for the provision of those travel services, because the Local Tour Operator has entered into the contract with you to provide those travel services, as principal.
- Explaining how bookings for travel services are concluded and delivered by Local Tour Operators or their sub-contractors, including how payments for travel services are processed;
- Information on the protection of your monies when you make payments through TravelLocal, under our ABTA membership;
- Confirmation of contractual arrangements with Local Tour Operators and recommendation that you take suitable personal travel insurance; and
- Details on how our Platform can be used by you to get access to travel services provided by Local Tour Operators.
How bookings are made
TravelLocal acts as an agent of the Local Tour Operators whose travel services are featured on the Platform, or as detailed by Local Tour Operators and communicated to you by Local Tour Operators through the Platform or otherwise. TravelLocal selects the Local Tour Operators for whom it acts as an agent (based on the experience, reputation, quality of service and reliability of the Local Tour Operators as researched by TravelLocal), in order for you to contract directly with Local Tour Operators for the provision of travel services. TravelLocal provides a forum (in a secure environment within the Platform) for communication between you and the Local Tour Operator. As TravelLocal acts as a travel agent, the Local Tour Operator will be fully responsible to you and all persons included in any booking you make, for all aspects of your booking and TravelLocal is not responsible in any way for the travel services which you may purchase from Local Tour Operators through the Platform.
All contracts for provision of any travel services that you may purchase are on the booking terms and conditions applicable to the relevant Local Tour Operator with whom you may contract, as notified to and accepted by you at the time of making a booking. As we act as agent for Local Tour Operators, TravelLocal accepts no responsibility or liability for any acts or omissions of the Local Tour Operators with whom you may contract for the services they provide. Furthermore TravelLocal does not warrant or guarantee that the quality or standard of the travel services offered or sold on the Platform by the Local Tour Operators (for whom TravelLocal acts as agent only) will be provided by the Local Tour Operator to any particular standard. TravelLocal will provide you with reasonable assistance in relation to any complaint you might have against a Local Tour Operator, in accordance with Clause xiii below. You may also wish to review any available comments and ratings made by previous customers of the Local Tour Operator, which may be on our Platform. Should there be any concerns regarding any travel services purchased by you these must be brought to the attention of the Local Tour Operator by you directly.
- Enquiries: You may make enquiries through the Platform with Local Tour Operators featured on the Platform, for the provision of information relating to potential itineraries and/or travel services provided by a Local Tour Operator. You may use the Platform to ask Local Tour Operators for further information relating to its travel services and/or itineraries and to ask for quotations for itineraries by contacting the Local Tour Operator online through the Platform. Please note that travel services and any itineraries and/or quotations may be withdrawn at any time prior to you receiving confirmation of your booking from the Local Tour Operator. All travel services sold through the Platform are not an offer by us to sell any travel services, but instead the Platform provides a mechanism for you to choose and purchase travel services from Local Tour Operators, who are the sole providers of all and any travel services as described above. The Local Tour Operators are free to accept or reject a proposed booking from you (or we may do so on their behalf).
- Itineraries: The Platform includes itinerary planning functionality, which is provided by TravelLocal in order to assist you in planning your trip and find a suitable Local Tour Operator to provide the desired travel services. You may use an example template itinerary (which you can change as you wish and/or which may be a sample from a Local Tour Operator) or create your own itinerary from scratch so that your desired itinerary(ies) can be checked by Local Tour Operators that you wish to contact about the proposed travel arrangements. The Local Tour Operator(s) can then provide price details to you via the Platform for the proposed itinerary(ies). The Platform also provides functionality for you to make secure payments for a booking, once an itinerary and a price has been agreed with the Local Tour Operator, and for TravelLocal to process payments on behalf of the Local Tour Operators. TravelLocal’s responsibility to you is limited to facilitating the booking with the Local Tour Operator through the Platform. TravelLocal does not accept responsibility for any information about the travel services that is provided on the Platform in good faith, or for any use made by you of the information provided on the Platform. However, in the unlikely event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude any liability we may have for death or personal injury caused by our negligence or that of our employees whilst acting in the course of their employment, or for fraud or fraudulent misrepresentation.
- Making a booking: Once you are ready to book a specific itinerary with a Local Tour Operator, you will be able to book that itinerary through the Platform by clicking ‘Book’ next to the itinerary detailed on the Platform (as confirmed by the Local Tour Operator). You will then be required to enter all relevant details requested during the booking process on the Platform and to accept the booking terms and conditions of the Local Tour Operator (which you should read carefully), prior to being asked for payment for the travel services on the booking page. The Local Tour Operator’s booking terms and conditions will be subject to the laws and jurisdiction of the country in which the Local Tour Operator is based (unless stated otherwise), as detailed in the Local Tour Operator’s booking terms and conditions.
- Authority: You confirm that you are at least 18 years old and have full legal authority to enter into any arrangements with Local Tour Operators through the Platform (on behalf of you and all those people included in your booking). You are and herewith also agree to be financially responsible for your use of the Platform including (but not limited to) being responsible for full payment for any bookings you make with Local Tour Operators for yourself and any members of your party.
- Local Tour Operator: Any bookings made through the Platform will be directly with the Local Tour Operator and TravelLocal shall not be responsible in any way to you or the Local Tour Operator whether under the contract entered into between you and the Local Tour Operator or otherwise. The Local Tour Operator will be solely and fully responsible to you for all aspects of your booking and all travel services. If you have any specific requirements or needs then these should be brought to the attention of the Local Tour Operator prior to booking and we would suggest that you communicate directly with the Local Tour Operator through the Platform to enquire about any specific needs or requirements when asking for itinerary details or for a quotation, to ensure that your needs and requirements can be satisfied (if possible), prior to making a booking.
- Payments: TravelLocal accepts payments from you on behalf of the Local Tour Operators. TravelLocal passes this money (minus relevant bank charges and our commission) to the Local Tour Operators, in accordance with our payment arrangements with the Local Tour Operator. In accepting payments on behalf of the Local Tour Operators, TravelLocal is acting solely as agent and is not responsible for any aspect of providing the travel services (which are provided solely by the Local Tour Operator or its authorised sub-contractors), or for any aspect of the contract between you and the Local Tour Operator, or for the acts or any omissions of the Local Tour Operator. Where you are only paying a deposit to confirm the booking with a Local Tour Operator, you agree to pay the full balance of required monies through the Platform at the relevant payment date specified by the Local Tour Operator in its booking terms and conditions. TravelLocal reserves the right to notify the Local Tour Operator if required payments have not been received by you on the relevant payment dates. TravelLocal shall not be responsible for any action a Local Tour Operator may take in connection with your booking.
- Booking Conditions and Personal Travel Insurance:
- You are advised to take out suitable travel insurance for all aspects of your holiday and travel services (and for all members of your party) for which you contract with Local Tour Operators, including (but not limited to) for death, personal injury and any other loss. When you make a booking using TravelLocal’s Platform this booking will be directly with a Local Tour Operator and you will be contracting on the basis of that Local Tour Operator’s booking terms and conditions (as described above). The Local Tour Operator may not have sufficient or any liability insurance and therefore you are strongly advised to purchase suitable personal travel insurance.
- TravelLocal is a member of ABTA and all Bookings made via the Platform are financially protected, as described in detail in clause ix below. Our ABTA membership together with our additional supplier failure insurance policy means that the full amount of any money you pay for any booking made on the Platform is protected in the event of insolvency of either TravelLocal or of the Local Tour Operator. However, as per sub-paragraph (a) and above, TravelLocal’s ABTA membership and supplier failure insurance policy covers financial protection of any money you pay for a booking on the Platform, but does NOT cover any other liability in connection with your holiday and travel services.
- TravelLocal’s ABTA membership and supplier failure insurance policy does NOT apply to any bookings made outside of the TravelLocal Platform. You are advised that if you were to book directly, outside of the TravelLocal Platform, Local Tour Operators themselves may not provide any protection for money paid upfront for the provision of travel services and they may not be bonded (as TravelLocal is with ABTA) or have any other similar financial protection schemes in place.
- ABTA, Financial Protection: As mentioned above, when you make a booking via the TravelLocal Platform your booking is financially protected in the event of either TravelLocal or the Local Tour Operator becoming insolvent. TravelLocal through its ABTA membership and having a bond in place with ABTA, protects payments made by you to TravelLocal, so that in the event of TravelLocal’s insolvency, ABTA will provide you with a refund of monies paid to TravelLocal. For further details please see www.abta.com.
- Notwithstanding the financial protection in place as detailed above, we strongly advise you to take out your own suitable personal travel insurance covering all members of your party to cover (but not limited to) personal injury, death and any other loss, for the reasons set out in clause viii above.
- TravelLocal does not book flights for you, therefore any financial protection offered (as described above) is only in respect of the local travel services booked with the Local Tour Operator via the Platform.
- As a member of ABTA we undertake to maintain high standards of service to you governed by ABTA’s Code of Conduct. Any dispute that may arise in connection with your holiday / travel services should be raised with the Local Tour Operator, as per clause xiii below. If the matter(s) raised by you under clause xiii below cannot be resolved and its involves TravelLocal or another ABTA Member, then you have the option to use ABTA’s ADR Scheme, approved by the Chartered Trading Standards Institute (see www.abta.com).
- You are solely responsible for booking all flight elements which you and your party may require to benefit from the travel services you purchase and which are not expressed as an inclusion, including international flights to meet the commencement and conclusion of your trip, as may be required.
- Where trips offered by the Local Tour Operators on the Platform include internal and/or regional flights and where such internal and/or regional flights are expressed as an inclusion of a trip, then these flights are organised by the Local Tour Operator and TravelLocal does not have any responsibility for their provision.
- Any other flights are not offered and cannot be booked as a separate travel service through the Platform, and TravelLocal does not act as an agent for any airlines. The Platform may have some links established to flight aggregator sites for potential flights, however TravelLocal is not responsible in any way for the provision of any flights or other travel services booked through these sites and you are entirely responsible for ensuring that any flights you purchase are suitable for the other travel services you may purchase from Local Tour Operators through the Platform, including (but not limited to) the correct timings for arrival/departure in the country where you are travelling to/from, as well as any connecting flights and/or transfers required in order for you to benefit from the travel services you purchase. You are recommended to ensure that any flights you purchase are from reputable companies and that you have suitable insurances to cover any flights you purchase, as well as any relevant financial protection required to safeguard against failure of an airline to provide the flight(s).
- Communication: Once you have made a booking with a Local Tour Operator through the Platform, you may communicate with the Local Tour Operator either through the Platform or directly with the Local Tour Operator through any medium.
- Cancellation/Amendment: If you need to cancel or amend a confirmed booking, cancellation and/or amendments charges may be payable to a Local Tour Operator (which may be up to 100% of the cost of the travel services booked with a Local Tour Operator and these may depend on when this occurs). The amount of such charges will depend on the Local Tour Operator’s booking terms and conditions and you should review these prior to making booking and ensure that you have any additional insurance required to cover such events and charges that may be applicable to your booking, or amendment or cancellation of your booking with the Local Tour Operator.
- Disputes: In the event of any dispute between you and a Local Tour Operator, this must be dealt with between you and the Local Tour Operator, as your contract is with them. If you have a problem whilst you are abroad relating to the travel services, you should bring this to the immediate attention of the Local Tour Operator in order to give them the opportunity to investigate and rectify your complaint. If you fail to follow this procedure there will be less opportunity to investigate and rectify a problem. If you wish to complain upon your return home, then please contact TravelLocal and the Local Tour Operator directly within 28 days. TravelLocal will provide you with reasonable assistance in relation to communicating and seeking to resolve any complaint you may have against the Local Tour Operator for the provision of its travel services if you wish (including forwarding correspondence and providing the Platform for any continued communication between you and a Local Tour Operator), however TravelLocal shall not be liable to you in respect of any payments or any other matters in connection with your complaint. Any amounts of compensation, refunds or other monies to which you may be entitled shall be governed solely by the Local Tour Operator’s own booking terms and conditions.
- Passport, Visa, Medical, Health, Security and Safety matters prior to travelling: Any specific passport and visa requirements for you and all members of your party, or any other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Local Tour Operators accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date and to have more than one blank page in them. You should also check with your own doctor for your specific circumstances and all health and vaccination requirements for your trip and separately with appropriate government agencies (such as the UK Foreign Office) about the security and personal safety situation in the destination to which you intend to travel.
- General terms
- Access to the Platform is permitted on a temporary basis and TravelLocal reserves the right to withdraw or amend the service provided on the Platform without notice. TravelLocal shall not be liable if for any reason the Platform is not available at any time or for any period. From time to time, TravelLocal may restrict access to some parts of the Platform, or the entire Platform, if required. TravelLocal aims to update the Platform regularly and may change the content at any time. TravelLocal may therefore have to suspend access to the Platform, or close it if necessary. Any of the material (including pricing and details of travel arrangements) on the Platform may be out of date or incorrect at any given time and TravelLocal is under no obligation to update such material, however will use all reasonable endeavours to correct errors or omissions as quickly as practicable after being notified of them.
- You are responsible for making all arrangements necessary for you to have access to the Platform and for ensuring that all persons who access the Platform through your internet connection are aware of these terms and that they comply with them.
- TravelLocal shall not be liable for and accepts no responsibility for any information presented by a third party (including Local Tour Operators) including, but not limited to, pricing, liability in connection with any bookings and cancellations made directly with a third party, or any other transactions between you and a third party, and the performance of the contract entered into between you and the third party or any circumstances that may arise during your trip.
- All tours, trips and travel arrangements shown on the Platform are subject to availability and you must always check with the relevant Local Tour Operator to see whether tours, trips or travel arrangements are available prior to booking. You may book tours, trips or other travel services with a Local Tour Operator through the Platform.
- Any links provided on the Platform to other Platforms are not intended to provide an endorsement by TravelLocal and TravelLocal will have no liability or responsibility for the content of this or those Platforms whatsoever. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage if it, but you must not establish a link to this Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Platform which is not owned by you. Our Platform must not be framed on any other Platform, nor may you create a link to any part of our Platform other than the homepage. We reserve the right to withdraw linking permission without notice. The Platform from which you are linking must comply in all respects with the content standards set out above.
- Whenever you use a feature of the Platform that allows you to upload material to the Platform, or make contact with others through the Platform, you must comply with the following content standards, in particular you must ensure:
- you do not use the Platform in a way that breaches any applicable local, national or international law or regulation, or in a way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect;
- the Platform is not used for the purpose of harming or attempting to harm others (particularly minors) in any way;
- you must not use the Platform to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- there is no access obtained (without our authority), and no interference with, damage or disruption to any part of the Platform, any equipment or network on which our Platform is stored, any software used in the provision of the Platform or any equipment or network or software owned or used by any third party; and
- you.do not use the Platform to gain a commercial advantage to the detriment of TravelLocal.
- TravelLocal cannot guarantee that the Platform is free from infection by viruses or anything else that has contaminating or destructive properties. You must not misuse the Platform by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform.
- Any destination/attraction/tour/travel guide information on this Platform written or provided by TravelLocal is purely for information. TravelLocal endeavours to ensure that such information is accurate and requests that such information from Local Tour Operators is accurate, however TravelLocal provides no guarantee that such information is accurate. This information does not form part of your agreement with any third party (including Local Tour Operators) and is provided solely as additional background content. TravelLocal shall not be held liable in any way whatsoever for any inaccuracy, misunderstanding or expectation drawn from this content.
- To the maximum extent permitted by law, TravelLocal disclaims all liability, representations, warranties, whether express or implied by statute, custom or usage relating to the information contained in or services offered on this Platform. This does not affect your statutory rights under English law. TravelLocal shall not be liable for any losses or damages (whether direct, indirect or consequential) whatsoever, whether in contract, tort (including negligence), or otherwise arising from this Platform, or from any interruption or delay in accessing this Platform.
- As a community based Platform, TravelLocal encourages registered users to interact on the Platform, including forums, blogs, images, reviews and any other interactive functionality that is developed in the future. You agree to use these functions to post, review and receive information and material that are proper and related to the travel topic on the Platform. You also agree and undertake that you will not use the Platform in an inappropriate manner (as judged by TravelLocal in its absolute discretion), including (but not limited to):
- use foul or abusive language or behaviour or otherwise violate the legal rights of others;
- post, upload or distribute any indecent, obscene, defamatory or unlawful material or information - the transmission of unlawful, threatening, pornographic, political or racist material is strictly prohibited;
- advertise or offer to sell any goods or services, conduct surveys, promotions or links to other Platforms;
- post images or content that is protected by copyright or other intellectual property rights, unless you own or control the rights or have gained the necessary consents;
- delete or falsify the origin or source of images or content uploaded; or
- post files that contain viruses or any similar software that may cause damage to the Platform or to an individual user’s computer.