SIMPLEXITY TRAVEL MANAGEMENT LIMITED
BOOKING TERMS AND CONDITIONS
BASIS OF AGREEMENT
1.1 Your Booking Confirmation together with these Conditions form the Contract between you and us. They supersede any previously issued terms and conditions of purchase or supply.
1.2 No terms or conditions endorsed on, delivered with, or contained in any of your purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract.
2.1 In these Conditions the following definitions apply:
“Booking Confirmation” means the confirmation issued to you and/or your travelling parties upon you placing an Order and which confirms the details of the Travel Itinerary that you have purchased;
“Conditions” means these booking terms and conditions;
“Contract” means the contract between you and us, as formed by these Conditions and the Booking Confirmation and any Framework Agreement that might exist between you and us;
“Credit Facility” means the credit provision available to you (if any) for payment of our Services, subject to the Credit Facility Terms;
“Credit Facility Terms” means those terms detailed in Clause 8 of these Conditions;
“Framework Agreement” means any contract between you and us concerning the general supply of travel management services by us to you;
“Order” means an order placed by you for the provision of Services and/or the components of your Travel Itinerary;
“Services” means the services that we will provide in recommending, booking and/or otherwise arranging, negotiating and reporting the supply of your Travel Itinerary;
“Third Party Supplier” means the third party with whom you have booked any components of your Travel Itinerary (or we have booked on your behalf by way of the Services) and who will provide that component of the Travel Itinerary to you and your travelling parties;
“Travel Itinerary” means the travel, airline flights, accommodation, car hire, restaurant, theatre or other event bookings, travel insurance or other related services that are to be supplied by Third Party Suppliers to you and your travelling parties, all as detailed in the Booking Confirmation;
“travelling parties” means the individual(s) who are to exercise and enjoy the Travel Itinerary booked by you on their behalf in accordance with the Contract (and ‘travelling party’ will be interpreted accordingly);
“you” means the person(s) to which we are to provide the Services and as detailed in the Booking Confirmation;
“we” means Simplexity Travel Management Limited whose registered address is 5th Floor, 3 Hanover Square, Mayfair, London, W1S 1HD and Registered number 07849358 (and “us” or “our” shall be interpreted accordingly); and
“Website” means our website at www.simplexitytravel.com;
PROVISION OF SERVICES AND PLACING OF ORDERS
3.1 All Services provided by us shall be deemed to be carried out on these Conditions unless otherwise expressly agreed in writing by us.
3.2 Orders can be placed by telephone, e-mail or by post to our registered office address or such other method as we may accept in our absolute discretion. Our contact details can be found on the Website.
3.3 The Contract shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between us and you other than the contractual relationship expressly provided for in these Conditions.
3.4 The Travel Itinerary shall be provided in accordance with the details and description included in our current brochure and/or any other published literature which we have made available to you relating to the Travel Itinerary from time to time, and as detailed in the Booking Confirmation, subject to these Conditions.
3.5 We may, at any time, make any changes to the Travel Itinerary 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 Travel Itinerary. We will notify you of any such changes made.
3.6 Depending upon the Travel Itinerary booked by you, your contract for such Travel Itinerary may be with us, or it may be with the Third Party Supplier. If your contract is with the Third Party Supplier, we are merely acting as agent regarding your booking for such Travel Itinerary and you should pursue any failure to provide the Travel Itinerary or any issues relating to the Travel Itinerary directly with the Third Party Supplier. If you contract is with us for the Travel Itinerary, you should pursue any failure to provide the Travel Itinerary or any issues relating to these Travel Itinerary with us. The documentation issued to you upon Booking will make it clear whom your contract is with, as regards the Travel Itinerary you have booked.
4.1 Payment for any Order shall be made by credit card, BACS or by means of the Credit Facility. All credit card payments made with a corporate credit card are subject to a surcharge of 3%.
4.2 In respect of any Order which is placed less than one week before:
4.2.1 the proposed departure date (if any flight is booked); or
4.2.2 the first proposed supply of any Travel Itinerary component,
payment for the full amount of that Order (except where payment is made by way of the Credit Facility) shall be made at the time of placing that Order. Payments made by way of the Credit Facility shall be applied to the Credit Facility account at the time of placing that Order, subject to the Credit Facility Terms.
4.3 We shall be entitled to increase the price of your Travel Itinerary. In the event of an increase in the price of your Travel Itinerary, we will write to you to confirm such change.
4.4 Any price increase applied in accordance with clause 4.3 shall be invoiced to you and payable in accordance with clause 4.6, or applied directly to the Credit Facility.
4.5 We reserve the right to vary the charges quoted to you prior to you booking the Travel Itinerary and to correct any errors of which we become aware of at any time. It is your responsibility to check the up to date price when booking and you will be advised of the applicable price before your booking is confirmed.
4.6 Invoices/booking confirmations are due for payment immediately upon receipt unless you have been pre-approved in writing by us for use of the Credit Facility or unless otherwise agreed in writing by us.
4.7 Any sums due from you but not paid on their due date shall be subject to interest at the rate of:
4.7.1 2% per annum above Barclays Bank Plc base rate during the first sixty (60) days following the date such sums became due;
4.7.2 4% per annum above Barclays Bank Plc base rate between the 61st and 90th day following the date such sums became due; and
4.7.3 8% per annum above Barclays Bank Plc base rate at any time after the first ninety (90) days following the date such sums became due
until the date such sums are paid in full. Such interest shall accrue on a daily basis and be compounded quarterly.
4.8 In the event that any sums due from you to us are not paid when due, we reserve the right to suspend or cancel all or part of the Travel Itinerary and you shall be responsible for any cancellation fees incurred and due to us or a Third Party Supplier as a result of such suspension or cancellation.
CANCELLATION BY YOU
5.1 All cancellations made by you must be made in writing to us which includes email.
5.2 In the event of cancellation by you, we will refund you the full amount of the cost of the Travel Itinerary booked by you that we are able to recover from the Third Party Supplier in question. In the event that we cannot obtain a refund of all or part of the price paid by you for any Travel Itinerary that you cancel, we shall not be liable to refund you to this extent. In the event of cancellation by you, you will not be entitled to any refund of any sum paid to us in respect of our Services, as these Services will already have been fully performed. In the event of cancellation by you we reserve the right to charge you an administration fee of £50 plus VAT or the actual costs (including administration costs) incurred by us in processing your cancellation, whichever is the higher.
5.3 At our sole discretion, any Travel Itinerary booked by you may be postponed to a later date rather than cancelled.
CHANGES BY YOU
6.1 Any changes that you request to the details of your booking (as detailed in your Booking Confirmation) shall be permitted in our sole discretion and shall be subject to the payment of an administration fee of £50 plus VAT (although we reserve the right to increase this fee to a reasonable amount if the complexity of the change means that our costs in undertaking such change exceed £50 plus VAT).
ALTERATIONS AND CANCELLATION BY US
7.1 Whilst every attempt is made to ensure that the Travel Itinerary booked by you are provided in accordance with the details of your Booking Confirmation, prior to your departure, we reserve the right to:
7.1.1 cancel any Travel Itinerary that you have booked; or
7.1.2 amend the details of any Travel Itinerary that you have booked, including the dates of such Travel Itinerary.
7.2 Should any Travel Itinerary component you have booked be cancelled in accordance with clause 7.1.1, we shall inform you as soon as practicable and, subject to clause 7.5, you will be offered:
7.2.1 alternative Travel Itinerary components(s) of an equivalent nature which may include a change of dates and/or location of the Travel Itinerary component(s); or
7.2.2 if we are unable to arrange alternative Travel Itinerary component(s), a full refund of all monies paid.
7.3 Should the details of the Travel Itinerary you have booked be amended in accordance with clause 7.1.2, we shall inform you as soon as practicable and, subject to clause 7.5, you will be offered a choice of:
7.3.1 proceeding with the Travel Itinerary components as they have been amended; or
7.3.2 withdrawing from this Contract for those Travel Itinerary components, in which case you will be offered:
184.108.40.206 alternative Travel Itinerary components of an equivalent nature which may include a change of dates and/or location of the Travel Itinerary components; or
220.127.116.11 alternative Travel Itinerary components of a lesser quality and a refund of the difference in price between the Travel Itinerary components originally booked by you and the alternative Travel Itinerary components offered by us;
18.104.22.168 if we are unable to arrange alternative Travel Itinerary components, a full refund of all monies paid.
7.4 After departure, should a significant proportion of the Travel Itinerary that you have booked not be provided or should it become clear that they cannot be provided, then, subject to clause 7.5:
7.4.1 we will make suitable alternative arrangements (any additional cost between the new arrangements and the Travel Itinerary you had booked, will be solely your responsibility); or
7.4.2 if it is not possible to make suitable alternative arrangements, or you reject these alternative arrangements for good reason, we will arrange for you to be provided with equivalent transport back to your place of departure (or any other location agreed with you) at your cost;
7.5 We shall not be liable to you or be deemed to be in breach of this Contract by reason of any delay in performing or failing to perform:
7.5.1 any of our obligations under this Contract;
7.5.2 the Services; or
7.5.3 the provision of any component of the Travel Itinerary booked by you, should such delay in performing or failure to perform be due to:
7.5.4 any unusual and unforeseeable circumstances beyond our reasonable control;
7.5.5 any failures in the performance of the Contract which are attributable to you or your conduct or any person in your travelling party or their conduct; or
7.5.6 any failures in the performance of the Contract which are attributable to a third party unconnected with the provision of the Services or the Travel Itinerary.
CREDIT FACILITY TERMS
8.1 Where reference is made to the Credit Facility in the course of these Conditions and we have pre-approved in writing for you to utilise a Credit Facility and that Credit Facility amount has been agreed, these terms shall also apply.
8.2 In accordance with clause 4 and subject to clause 8.4, when an Order is placed and payment made by way of the Credit Facility, we shall issue immediate confirmation that the Order has been applied to your Credit Facility.
8.3 Once your Order has been applied to the Credit Facility, we shall issue notice of the date by which payment must be made, being no more than four weeks’ after the date of said confirmation.
8.4 Should any Order total an amount which exceeds the value of the Credit Facility at that time, confirmation of that Order shall be postponed until payment has been made by you to clear part or all of the Credit Facility balance owing.
8.5 We reserve the right to close your Credit Facility account at any given time.
8.6 In the event of cancellation by you or us pursuant to clause 5 or clause 7 or should your Credit Facility be closed in accordance with clause 8.5, full payment of the credit amount shall become due with immediate effect and any late payment will be subject to interest in accordance with clause 4.7.
8.7 To enable us to make credit decision about you and/or members of your travelling party for the purposes of the Credit Facility, we reserve the right to obtain a credit report from one or more consumer credit reporting agencies to determine and subsequently monitor credit limits. By agreeing to these Conditions, you provide us with the proper consent to allow these checks to be undertaken.
8.8 We reserve the right to review credit times, limits and make changes when we deem it appropriate. You shall be notified of any changes in writing.
ATOL FINANCIAL PROTECTION STATEMENT
9.1 We hold an ATOL licence number 10540 issued by the Civil Aviation Authority. Holidays and flights offered by us are ATOL protected. This means that money paid for these arrangements is fully protected. Full details can be obtained from the ATOL website (www.atol.org.uk)
9.2 The price of air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the Civil Aviation Authority. This charge is included in the advertised prices.
9.3 We also offer non-licensable arrangements. ATOL Protection does not apply to all holiday and travel services. Please confirm with us what protection may apply.
DELAYS AND RE-SCHEDULING
10.1 We have no control and cannot take any responsibility regarding any transport delays or re-scheduling that may affect the Travel Itinerary booked by you and which are decisions taken by any Third Party Supplier of such transport or any authority regulating such transport or which otherwise results from anything that is not reasonably within our control.
10.2 Should your Travel Itinerary include any flight you acknowledge that your flight is subject to the terms and conditions of the Third Party Supplier for the flight in question and that your seat or that of a travelling party on such flight is not guaranteed. If your seat or that of your travelling party is downgraded or is no longer available, this will be governed by the Third Party Supplier’s terms and conditions and we will have no liability for this, nor are we able to offer any compensation in this regard.
10.3 We are unable to offer compensation for travel delays or re-scheduled flights which are beyond our reasonable control.
SUPPLIER TERMS AND CONDITIONS AND UNREASONABLE BEHAVIOUR
11.1 When you book any component of your Travel Itinerary through us with a Third Party Supplier, that Third Party Supplier will likely have terms and conditions relating to your booking of that Travel Itinerary component. You will be bound by the Third Party Supplier’s terms and conditions in relation to that Travel Itinerary component, in addition to this Contract. You agree to be bound by and to abide by any Third Party Supplier terms and conditions that relate to any Travel Itinerary component booked by you and any breach of such Third Party Supplier terms and conditions by you or any member of your travelling party, will also constitute a breach of this Contract.
11.2 You or your travelling parties may be prevented from travelling if you or your travelling parties are judged by the Third Party Supplier of that transport or any travel authority to be unfit to travel or likely to disturb or harm others or if you or your travelling party use verbal threats or foul and abusive language. Similarly, you or your travelling parties may be asked to vacate a hotel, or any other accommodation booked by you, if the Third Party Supplier of such hotel or other accommodation considers your or your travelling parties’ behaviour to be unacceptable, or if you or your travelling parties use verbal threats or foul and abusive language.
11.3 Should you or your travelling parties be prevented from travelling or asked to vacate any accommodation in the circumstances detailed above, this Contract will terminate immediately and we will not provide a refund for any unused Travel Itinerary component or any component of the Travel Itinerary that is cancelled as a result of you or your travelling parties being prevented from travelling or you or your travelling parties being asked to vacate any accommodation.
11.4 You will be responsible for any expenses incurred by you or your travelling parties as a result of any breach of any Third Party Supplier terms and conditions that apply to any Travel Itinerary component booked by you or if you or your travelling parties are prevented from travelling or asked to vacate any accommodation in the circumstances detailed above. We are not contractually obliged to relocate you or your travelling party or find an alternative Travel Itinerary in these circumstances, but we may do so on a case by case basis, subject to you covering the costs of any such alternative Travel Itinerary.
11.5 We may hold the members of your travelling party jointly and severally liable for any damage to property belonging to us or any third party caused by you or any member of your travelling party, together with any legal costs and any out of pocket expenses we may incur in relation to any such claim.
12.1 We shall use reasonable care and skill when providing the Services to you.
- 2 The extent of our liability under or in connection with this Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12. Subject to clauses 7.2, 7.3, 7.4 and 12.3 and notwithstanding clause 7.5 shall be as follows:
- 2.1 our total liability to you shall not exceed the price paid by you for the Travel Itinerary to which the liability relates;
- 2.2 we shall not be liable for consequential, indirect or special losses;
- 2.3 we shall not be liable for any of the following (whether direct or indirect):
- 2.3.1 loss of profit;
- 2.3.2 loss of data;
- 2.3.3 loss of use;
- 2.3.4 loss of production;
- 2.3.5 loss of contract;
- 2.3.6 loss of opportunity;
- 2.3.7 loss of savings, discount or rebate (whether actual or anticipated);
- 2.3.8 harm to reputation or loss of goodwill;
- 2.4 except as expressly stated in this Agreement, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
- 3 Notwithstanding any other provision of this Agreement, our liability shall not be limited in any way in respect of the following:
- 3.1 death or personal injury caused by negligence;
- 3.2 fraud or fraudulent misrepresentation;
- 3.3 any other losses which cannot be excluded or limited by applicable law.
13.1 We will take all reasonable precautions and will apply appropriate technical and organisational measures to keep any data that you supply to us (including your payment details) secure.
13.2 We will need to pass information that you supply to us to Third Party Suppliers and/or any other third party that may require your information in order to permit you to receive the Travel Itinerary you have booked. We will only use the information provided by you for the purpose of fulfilling this Contract unless agreed otherwise with you.
13.3 So far as we will directly process your personal data or that of your travelling parties, none of that data will be stored, used or processed outside of the United Kingdom or the European Economic Area. However, we may pass your data or that of your travelling parties to Third Party Suppliers and/or other third parties outside the European Economic Area where we are legally obliged to pass that data to such Third Party Suppliers and/or other third parties or where such Third Party Suppliers and/or other third parties need to be able to access and process that data in order to provide you with, or allow you or your travelling parties to enjoy, any Travel Itinerary component that you have booked.
14.1 Should you be unhappy or dissatisfied with any component of the Travel Itinerary that you have booked you should report any complaint you have to the Third Party Supplier(s) of the Travel Itinerary component(s) in question as soon as possible. We would also recommend that you report any such complaint to us.
14.2 Should the Third Party Supplier of any Travel Itinerary that you have booked be unable to resolve any complaint that you may have and that you have reported to them, please contact us on 0203 535 9290 or, after office hours, on 0203 535 9291. We will investigate any complaint as swiftly as possible with a view to resolving this. In the unlikely event that we are unable to resolve any issues to your satisfaction, whilst you are in your Travel Itinerary destination, you must write to us confirming the nature of your complaint (including full details) within 14 days of the end of the relevant Travel Itinerary booked through us.
14.3 We are a Member of ABTA, membership number P7198, Y6468. 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.
15.1 Simplexity Travel Management Limited is a Member of ABTA with membership number P7198, Y6468. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
15.2 For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com
16.1 These terms and conditions constitute the entire agreement between you and us and supersede any previous agreement or understanding and may not be varied except in writing between you and us. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
16.2 Any notice required or permitted to be given under these terms and conditions shall be in writing and shall be addressed:
16.2.1 in the case of a notice to you, to your address stated in the Booking Confirmation; and
165.2.2 in the case of a notice to us, to our address, appearing in these Conditions.
16.3 No failure or delay by us in exercising any of our rights under this Contract shall be deemed to be a waiver of that right and no waiver by us of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.4 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.
16.5 he Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
16.6 Subject to clause 14.3, both you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation (including non-contractual disputes or claims).
16.7 We shall not be liable to you under the Contract and/or under these Conditions in any way whatsoever for destruction, damage, delay or inability to carry out our 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, default of suppliers or sub-contractors or any other circumstance beyond our reasonable control.
16.8 Natural persons must be aged 18 or over at the time of making a booking for any Travel Itinerary unless stated otherwise.
16.9 No passenger other than you, the travelling parties or any other third party will have any rights against us, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
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