By using TravelLocal (a member of ABTA) as an online travel agency to make a booking you will enter into a contract with a local tour operator, who will be responsible for providing the local travel services which you choose to book, based on their separate “Local Tour Operator” Terms and Conditions. These are made available when an Itinerary is provided to you, prior to a contract being entered into with that Local Tour Operator for the supply of the travel services to you. A Local Tour Operator may be a supplier of travel services itself, or it might be an organiser of travel services based in a local country and who sources accommodation, trips, tours, transport, etc. References to ‘travel services’ throughout these Terms consist of any travel service provided to you (and any members of your party) by the Local Tour Operator or its sub-contractors, including, but not limited to accommodation, tours, trips, transport, etc.
TravelLocal will be responsible to you for putting the arrangements for travel services in place with a Local Tour Operator for you and for protecting monies paid for your trip, in accordance with these Terms. TravelLocal will also be responsible to you for the provision of certain information relating to the travel services. If TravelLocal (rather than a Local Tour Operator) arranges flights for you as part of your trip, it will do so as a principal, in accordance with these Terms.
The key points in these Terms are:
- 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 (and if applicable, our ATOL bond);
- 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.
1. Your local tour operator and travel services providers
TravelLocal acts as agent for Local Tour Operators featured on the Platform and does not provide travel services itself. TravelLocal’s role is to:
- select Local Tour Operators for you to contract directly with;
- provide a website and booking platform at www.TravelLocal.com (the “Platform”) which allows you to access travel services provided by Local Tour Operators, together with applicable information relating to your travel services booked through the Platform;
- provide a forum for communication directly with the Local Tour Operator in connection with the travel services you request;
- 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; and
- provide protection to you for the travel services purchased with a Local Tour Operator, in accordance with applicable Regulations (see further below).
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.
The Local Tour Operators are responsible to you (under the contract they form with you under the Local Tour Operator’s Terms and Conditions) for:
- providing you with applicable information relating to the travel services that you book (both prior to booking, and then post-booking and prior to departure), as provided through the Platform or directly to you by the Local Tour Operator;
- ensuring the travel services that you book with the Local Tour Operator conform with the contract you have made with that Local Tour Operator under the Local Tour Operator’s Terms and Conditions (irrespective of whether the travel services are to be performed by that Local Tour Operator or other); and
- providing you with compensation in the event that the travel services do not conform with what the Local Tour Operator has contracted to provide to you (except in circumstances where the Regulations referred to below do not require any compensation to be paid).
Where you make a booking through the Platform with a Local Tour Operator, you will be provided with various rights under European laws, including the Package Travel and Linked Travel Arrangements Regulations 2018 (“Regulations”). These Regulations can be found here: http://www.legislation.gov.uk/uksi/2018/634/contents/made
Where the Regulations apply to your booking, any rights you have under those Regulations will override any conflicting terms that may appear in the Local Tour Operator’s Terms and Conditions. The Local Tour Operators that we work with are mainly based outside of the European Economic Area. Therefore where TravelLocal acts as agent and puts you into contract with a Local Tour Operator, the Regulations (where we act as the agent for those non-EEA based organisers of travel services) allow you to direct any complaints you might have in relation to your booked travel services to us. In such instances, we will manage communications between you and the Local Tour Operator (in line with the Regulations), who will be responsible to you in connection with your booked travel services TravelLocal would only be responsible to you under the Regulations in the event that a Local Tour Operator (who is primarily responsible to you for the provision of the travel services) refuses to accept responsibility to you.
We explain in these Terms what we would be responsible for in the unlikely event that the Local Tour Operator refuses to be responsible to you, or where you cannot resolve any issues relating to the provision of the travel services by the Local Tour Operator whilst you are on holiday.
In respect of flights that we organise for you (rather than a Local Tour Operator), we act as the principal contracting party to provide you with flight(s) that we arrange for you. The contract for the flight that we organise for you (as confirmed at the time of booking) will exist as soon as we issue our confirmatory documentation. Where we act as the principal supplier of your flight, then your contract for the flight element only is with us and we will be responsible to you for providing the flight booked in accordance with these Terms, which incorporate the carrier’s conditions of carriage (Conditions of Carriage), available at the time of booking or on request.
Conditions of Carriage
We will make you aware of the Conditions of Carriage, prior to or at the time of booking. We advise you to request copies of these and to read them carefully as they contain important information about your booking and your contractual relationship with the flight provider / airline. They may contain terms that limit or exclude liability and affect your rights to compensation.
2. Financial protection
We provide full financial protection for the package holidays we sell.
For holidays where a flight that we organise is included, financial protection is provided through our Air Travel Organiser’s Licence number 11445 issued by the CAA of 45-59 Kingsway London WC2B 6TE www.caa.co.uk. 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 a flight inclusive holiday where we have organised the flight, which is ATOL protected. Please note that where you book a holiday which includes a flight element during your holiday that has been organised by the Local Tour Operator (not us), the arrangements will still be financially protected under our ATOL, however you will not be eligible for repatriation in such instances, only a refund of money paid for that flight-inclusive booking protected under our ATOL.
When you buy an ATOL protected flight or flight inclusive holiday 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. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (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 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.
For non-flight based holiday, 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 financial failure insurance policy with Vantage (a UK insurance company) 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 through our cover – please contact us for further information about this insurance cover and the protection it provides, if you wish.
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. The Local Tour Operator shall be responsible to you directly in respect of the proper performance of the travel services provided (or we shall be responsible to you in the event that your Local Tour Operator refuses to accept responsibility for the proper performance of the travel services in accordance with your contract with them), in accordance with applicable Regulations and as set out in these Terms. However, we strongly advise you to take out suitable personal travel insurance providing cover for occurrences such as accidents, injuries, losses, etc, for all members of your party as such incidents may not be due to the improper performance of travel services provided to you by the Local Tour Operators and you should therefore take these precautions (see clause viii for further details).
Where we arrange flights for you as principal, we will be responsible for the proper performance of the flights provided, in accordance with the airline’s Conditions of Carriage.
3. Booking platform
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 who may be subject to a booking, 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. It also explains the terms on which we will arrange for you to enter into a contract with Local Tour Operators who will be responsible for providing any travel services which you book (whether as the direct suppliers themselves, or as the tour operator organising the 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.
4. How bookings are made
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 responsible to you and all persons included in any booking you make, for all aspects of your booking under the contract you enter into with them. TravelLocal does not therefore provide the travel services which you may purchase from Local Tour Operators through the Platform.
When you book any travel services through the Platform, the Local Tour Operator’s Terms and Conditions applicable to the relevant Local Tour Operator with whom you book with will apply, as provided to you at (or prior to) the time you make a booking. You will be deemed to have accepted the Local Tour Operator’s Terms and Conditions provided to you with your Itinerary, if you proceed to booking that trip (whether such booking is taken via the Platform, over the telephone, email or otherwise). TravelLocal takes all reasonable care in selecting the Local Tour Operators that make their travel services available through the Platform. The Local Tour Operators are responsible to you for providing the travel services to you in accordance with relevant local standards in the destination country for which you book travel services, and the Local Tour Operator’s Terms and Conditions. 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 at the time, and to TravelLocal. If you do not notify the Local Tour Operator and TravelLocal at the time any concerns come to your attention, then this will affect the ability of the Local Tour Operator to remedy those concerns at the time and may affect the remedies available to you upon your return.
TravelLocal provides the Platform for the purposes of allowing users access to travel services provided by Local Tour Operators. You should not seek to contact Local Tour Operators directly outside this Platform when arranging a booking, otherwise this affects TravelLocal’s ability to track bookings made with Local Travel Operators that have originated from the Platform. Doing so would also mean that you would not get any financial protection or potentially other protection under the Regulations for travel arrangements booked outside of the Platform, in accordance with these Terms.
The process of taking bookings with Local Tour Operators for the provision of travel services is set out in detail on the Platform and summarised in these Terms. All bookings are subject to the following terms:
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 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 and/or TravelLocal through the Platform. 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 providers or organisers of all and any travel services as described. The Local Tour Operators are free to accept or reject a proposed booking from you (or we may do so on their behalf).
The Platform includes itinerary planning functionality, which is provided by TravelLocal in order to assist you in planning your trip and finding 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.
The Local Tour Operators provide specific information about the travel services provided by them on the Platform and in Itineraries put together for you. Such information is provided by the Local Tour Operators in good faith and the Local Tour Operator is responsible to you in respect of the accuracy of that information. We may provide general information about destinations and sample trip itineraries, including leisure suggestions that might be appropriate for certain locations, based on our experience of the areas and knowledge of such activities in those locations. However this is provided as general information only and you will need to check with the relevant Local Tour Operator about all specific information relating to the travel arrangements that you book.
If you or any member of your travelling party has any special needs or a disability which may affect your or their travel, please provide full details before you confirm your booking details so enquiries can be made with the Local Tour Operator about the suitability of the travel arrangements, or alternatively advise the Local Tour Operator directly before confirming your booking with them.
iii. Making a Booking:
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.
v. Local Tour Operator:
Any bookings made through the Platform will be directly with the Local Tour Operator and the Local Tour Operator will be responsible to you for all aspects of your booking and all travel services. TravelLocal shall only be responsible to you where a Local Tour Operator refuses to be responsible to you and where the travel services do not conform to the contract entered into between you and the Local Tour Operator, in accordance with the Regulations and these Terms. 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.
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). TravelLocal is also not responsible 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 (subject to the Regulations and these Terms). 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, including cancellation or amendment to your booking, in accordance with the Local Tour Operator’s Terms and Conditions.
viii. Booking Conditions and Personal Travel Insurance:
- You are advised to take out suitable travel insurance (for all members of your party) for all aspects of the travel services you book, , 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 Terms and Conditions (as described above), together with these Terms.
- 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, ATOL bond (in respect of flight-inclusive trips), 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.
- 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.
ix. 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.
In addition and as mentioned above, TravelLocal has taken out an insurance policy with Vantage (a UK insurance company) which covers TravelLocal in the event of the financial failure of a Local Tour Operator. This means that should a Local Tour Operator become insolvent that TravelLocal will either make every reasonable effort for a similar trip to be provided by an alternative Local Tour Operator, or should that not be possible, refund any monies paid by you via the Platform. Please be aware that in the event of an alternative Local Tour Operator providing your trip, that these Terms will still apply to your Booking in full, together with the alterative Local Tour Operator’s Terms and Conditions relating to the provision of the travel services you book.
If TravelLocal books any flights for you, or if any flights are included in your package, you will be provided with an ATOL Certificate on our receipt of first payment from you, confirming the financial protection in place in respect of those flights or flight-inclusive trip (in accordance with our ATOL licence, as detailed in clause 2 of these Terms and Conditions).
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 the travel services you book should be raised with the Local Tour Operator, as per clause xiii below, and you must let us know as well at your earliest convenience, so we can provide any relevant assistance with your complaint (in accordance with clause 4 above). If the matter(s) raised by you under clause xiii below cannot be resolved and it involves TravelLocal, then you have the option to use ABTA’s ADR (Alternative Dispute Resolution) Scheme, approved by the Chartered Trading Standards Institute (see www.abta.com).
- Unless agreed otherwise with you, you are 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, but are protected as a flight-inclusive trip under our ATOL, for the purposes of financial protection (as per clause 2 of these Terms). We will confirm to you at the time of booking who is responsible to you for the provision of the flights which may have been arranged by the Local Tour Operator, albeit that the monies you pay to us for the flights included with the Local Tour Operator arrangements will be protected under our ATOL.
Other flights are offered through the Platform, via email or over the telephone by TravelLocal, acting as principal for the flight provider / airline (as confirmed at the time of booking). We will agree with you and confirm at the time of booking if we are making flights available to you by TravelLocal as principal.
Please note that 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).
If any contract we have with you for flight-inclusive trips (where we are acting as the contract principal for the flight element) is not performed or is improperly performed by us or our suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements, for the flight element only. However, we will not be liable to you where any failure in the performance of the contract is due to:
- the acts and/or omissions of you, a member of your party or a third party unconnected with the provision of the travel arrangements, and where the failure is unforeseeable or unavoidable; or
- unavoidable and extraordinary 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 the flight provider / airline, even with all due care, could not foresee or forestall.
Our liability to you in respect of the flight element of flight-inclusive trips, except in cases involving death, injury or illness, shall be limited to a full refund of monies paid for the flight element only. Our liability will also be limited in accordance with and/or in an identical manner to:
- the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
- in accordance with the paragraph below.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited in accordance with these Terms and the conventions detailed herein. The most we will have to pay you for that claim, or that part of a claim if we are found liable to you on any basis, is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended in connection with liability of air carriers and for luggage during flights and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air). Please note: where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
Once you have made a booking with a Local Tour Operator through the Platform, you may communicate with the Local Tour Operator directly, however the Platform is the most expeditious way to contact the Local Tour Operator and we advise keeping communications through the Platform so you can keep easy track of these and of all information relevant to your booking.
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, depending on when this occurs). The amount of such charges will depend on the Local Tour Operator’s Terms and Conditions and you should review these prior to making a 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. This also applies to any terms relevant for the transfer of your booking to another person and what terms may apply to that, including any applicable charges.
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, however please inform us in the event of a dispute, so that we can provide any relevant assistance in dealing with a complaint or dispute (in accordance with clause 4 above). 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). The Local Tour Operator will be liable to you in respect of any payments or any other matters in connection with your complaint, including any applicable compensation, refunds or other monies to which you may be entitled. In the event the Local Tour Operator refuses to be responsible to you for the performance of the travel services to the contract that they have with you, then TravelLocal will be responsible to you in accordance with the Regulations and as set out in clause xvi below.
xiv. 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.
xv. General Terms
- These Terms may vary from time to time, by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provision or notices published elsewhere on the Platform. By using this Platform you accept that you are bound by the terms and conditions in force at that time and displayed on this page.
- If any part of these Terms or any document referred to herein is illegal or unenforceable, such portion(s) shall be excluded from these Terms and any relevant document to the minimum extent required and the balance of these Terms and any relevant document shall remain in full force and effect and enforceable.
- These Terms and any documents or policies referred to herein shall govern the entire relationship between the parties to the exclusion of any other terms.
- It is not the intention of the parties to confer any rights on any third parties by virtue of these Terms and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
- These Terms and any disputes that may arise between you and TravelLocal will be governed by the laws of England and Wales and the jurisdiction of the English courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
xvi. Package responsibility under the Regulations
As detailed above, TravelLocal acts as an agent for Local Tour Operators, who will enter into contracts with you in connection with the travel services that they organise and/or provide. As agent, we accept no responsibility for the acts or omissions of the Local Tour Operators or supplier(s) or for the services provided by them, other than as set out in these Terms. The Local Tour Operator’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking, including how the Local Tour Operator may change the price of your travel services booked with them and in what circumstances changes may be made to your travel services, or cancellations may be made, once booked.
Our liability to you: In the event that a Local Tour Operator refuses to take responsibility to you for the provision of the travel services you booked in accordance with its contract with you, then you must inform us without undue delay. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by the Local Tour Operator or other travel service suppliers, and this has affected the enjoyment of your travel services, you may be entitled to an appropriate price reduction or compensation or both, depending on the circumstances. Neither the Local Tour Operator nor we will be liable where any failure to perform, or improper performance of, the travel services is due to:
- you or another member of your party;
- a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable;
- unavoidable and extraordinary circumstances, which means a situation beyond the Local Tour Operator’s or our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Where a Local Tour Operator refuses to be responsible to you for the proper performance of the package travel services you have booked with them through the Platform, TravelLocal will be responsible to you in relation to the performance of the package under the Regulations in place of the Local Tour Operator. In such circumstances, our liability (except in cases involving death, injury or illness) shall be limited to a maximum of three times the cost of your package travel services. Our liability will also be limited in accordance with and/or in an identical manner to:
- the Local Tour Operator’s Terms and Conditions for the provision of the travel services that make up your package. These terms are incorporated into this booking; and
- 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 and conditions under which compensation can be claimed 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 the extent of or the conditions under which compensation is to be paid under these or any conventions.
You will have been provided with a copy of the Local Tour Operator’s Terms and Conditions prior to completing your booking and you can ask us for copies of the international conventions, if you wish to see these.
If the travel services you book involve a flight from the EU or on an EU carrier, then under EU law (Regulation 261/2004) 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 will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your package travel services cost from us. Your right to a refund and/or compensation is set out in the Local Tour Operator’s Terms and Conditions. If any payments to you in respect of such reimbursement and/or compensation, any payment made to you by the airline or any other service provider will be deducted.
If international flights are included as part of your booking arrangements, if it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
Please note: This entire clause xvi does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.