TERMS AND CONDITIONS
1.1 In these terms and conditions of business:-
Acceptance of Order means Simplexity Travel Management’s written acceptance of an Order howsoever communicated
Simplexity Travel Management means Simplexity Travel Management Lifestyle Limited whose registered address is 5th Floor, 3 Hanover Square, Mayfair, London, W1S 1HD and Registered number 7849358
Customer means the person, entity or organisation to which Simplexity Travel Management is to provide Services as identified in the Acceptance of
Contract means the Customer’s Order and Simplexity Travel Management’s Acceptance of Order
Order means an order for the sale of Services however so communicated to Simplexity Travel Management
Services means the services to be provided by Simplexity Travel Management pursuant to its Acceptance of Order including, but not limited to, hotel arrangements, car hire, airline flights, restaurant and theatre bookings
Website means Simplexity Travel Management’s website at www.simplexitytravel.com
Working Days means days on which banks are open for business in the City of London
2. FORMATION OF CONTRACT
2.1 No contract exists between the Customer and Simplexity Travel Management for the supply of any Services until Simplexity Travel Management has issued an Acceptance of Order to the Customer.
2.2 Simplexity Travel Management shall not be liable to perform its obligations under a Contract until the Customer has confirmed in writing that it has received the Acceptance of Order.
2.3 Orders can be placed by telephone, fax, e-mail or by post to Simplexity Travel Management’s registered office address or such other method as Simplexity Travel Management may accept in its absolute discretion.
2.4 No Contract shall constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between Simplexity Travel Management and the Customer other than the contractual relationship expressly provided for in these terms and conditions.
3. PROVISION OF SERVICES
3.1 Simplexity Travel Management shall subject to these terms and conditions provide Services to the Customer as indentified in the Acceptance of Order.
3.2 Any changes or additions to the Services ordered or to these terms and conditions must be agreed in writing by Simplexity Travel Management and the Customer.
3.3 The Services shall be provided in accordance with the Simplexity Travel Management’s current brochure and/or other published literature relating to the Services from time to time, subject to these terms and conditions.
3.4 Simplexity Travel Management may at any time without notifying the Customer make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements or which do not materially affect the nature or quality of the Service.
4.1 Payment shall be made by cheque, credit card or BACS. All credit card payments are subject to a surcharge of 3%. All cheque payments require 7 Working Days to clear.
4.2 For Services booked less than one week before proposed delivery date, payment shall be made at the time of booking.
4.3 Simplexity Travel Management shall be entitled to vary their charges from time to time by giving not less than 7 days written notice to the Customer.
4.4 All charges quoted to the Customer for the provision of the Service are valid for 30 days from the date of the quote until acceptance.
4.5 Invoices are due for payment immediately upon receipt.
4.6 Simplexity Travel Management reserves the right to charge interest, at the rate of 6% over Barclays Bank Plc from time to time, on the amount unpaid after thirty days from date of the invoice.
5. CANCELLATION BY CUSTOMER
5.1 All cancellations by the Customer must be made in writing to Simplexity Travel Management.
5.2 Simplexity Travel Management reserves the right to charge the Customer for administration costs incurred and/or a cancellation fee of up to a charge of 100% will be assessed by Simplexity Travel Management at the time of cancellation.
5.3 At the sole discretion of Simplexity Travel Management, Services may be postponed to a later date rather than be cancelled.
6. CHANGES BY CUSTOMER
6.1 Any changes at the request of the Customer are subject to the sole discretion of Simplexity Travel Management and a payment of an additional fee which will be notified to the Customer at the time of change.
7. CANCELLATION BY SIMPLEXITY TRAVEL MANAGEMENT
7.1 Whilst every attempt is made to ensure that the advertised Services take place, Simplexity Travel Management reserves the right to cancel or postpone any Service. In such circumstance, Simplexity Travel Management shall inform the Customer as soon as practicable and the Customer shall be offered a choice of:-
7.2 Simplexity Travel Management shall not be liable to the Customer or be deemed to be in breach of Contract by reason of any delay in performing or failing to perform any of Simplexity Travel Management’s obligations in relation to the Service if the delay in performing or failure to perform is due to any cause beyond Simplexity Travel Management’s reasonable control.
8. ATOL FINANCIAL PROTECTION STATEMENT
8.1 Simplexity Travel Management holds an ATOL licence number 10540 issued by the Civil Aviation Authority. Holidays and flights offered by Simplexity Travel Management are ATOL protected. This means that money paid for these arrangements is fully protected. Simplexity Travel Management’s ATOL number is 10540. Full details can be obtained from the ATOL website (www.atol.org.uk)
8.2 The price of air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) Simplexity Travel Management pay to the Civil Aviation Authority. This charge is included in the advertised prices.
8.3 Simplexity Travel Management also offers non-licensable arrangements. ATOL Protection does not apply to all holiday and travel services. Please confirm with Simplexity Travel Management what protection may apply.
9. DELAYS AND RE-SCHEDULING
9.1 Simplexity Travel Management has no control and takes no responsibility in transport delays or re-scheduling and has no representation at airports in the UK or overseas.
9.2 Simplexity Travel Management is unable to offer compensation for travel delays or re-scheduled flights which are beyond its reasonable control.
10. UNREASONABLE BEHAVIOUR
10.1 The Customer may be prevented to travel if someone in authority believes that the Customer is unfit to travel or likely to disturb or harm others. Similarly, the Customer may be asked to vacate a hotel, or such other property, if the hotelier considers the Customer’s behaviour to be unacceptable.
10.2 In both circumstances, the Contract will terminate immediately and Simplexity Travel Management will not provide a refund for unused travel or accommodation.
10.3 The Customer will be responsible for all expenses incurred.
10.4 Simplexity Travel Management may also hold members of the Customer’s party jointly and individually liable for any damage to property, together with legal costs Simplexity Travel Management incur in pursuing any claim.
10.5 Simplexity Travel Management will not be responsible for the actions or behaviour of other passengers/guests who have no connection with Simplexity Travel Management.
11.1 Simplexity Travel Management shall use reasonable skill and care when providing Services.
11.2 Simplexity Travel Management shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer however so caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
11.3 Simplexity Travel Management shall not be liable to the Customer, employees of the Customer or any third party for any loss, damage, expense or delay of any kind by any act, default or omission howsoever caused except insofar as such liability cannot be excluded by law.
11.4 Except in respect of death or personal injury caused by Simplexity Travel Management’s negligence, Simplexity Travel Management shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty or condition, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Simplexity Travel Management, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service.
11.5 Simplexity Travel Management’s total liability to the Customer in respect of any costs or losses directly associated with the Services shall in no circumstance exceed in aggregate an amount equal to the total sums paid by the Customer in relation to that Service and in no event shall Simplexity Travel Management be liable to the Customer for indirect, incidental, consequential damages or losses.
12. DATA PROTECTION
12.1 Simplexity Travel Management will take all reasonable precautions to keep Customer, Contract and payment details secure but unless Simplexity Travel Management is negligent, Simplexity Travel Management will not be liable for unauthorised access to information supplied by the Customer.
12.2. Simplexity Travel Management will only use the information provided for the purpose of fulfilling the Contract unless agreed otherwise.
13.1 These terms and conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
13.2 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at the address provided at the time of placing the Order.
13.3 No failure or delay by Simplexity Travel Management in exercising any of its rights under a Contract shall be deemed to be a waiver of that right and no waiver by Simplexity Travel Management of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.4 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions shall not be affected.
13.5 The validity, construction and performance of this contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts
13.6 Simplexity Travel Management shall not be liable to the Customer under the Contract and/or under these terms and conditions in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout, and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather or any act of God or default of suppliers or sub-contractors.
13.7 Natural persons must be aged 18 or over at the time of placing an Order.
13.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
January 2013 - Simplexity Travel Management Limited, 5th Floor, 3 Hanover Square Mayfair London W1S 1HD Telephone: 0203 535 9290 Email:email@example.com Fax: 0207 493 4143 Website: www.simplexitytravel.com