MH Bland Travel Services Booking Conditions
Except where otherwise specified, we act only as an agent or sub-agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (“supplier(s)”). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read all booking conditions contained in these Agency Terms and Conditions as well as all additional booking conditions contained in document(s) and/or contract(s) and websites delivered, owned or operated by relevant supplier(s) (“supplier(s) terms and conditions”) carefully prior to booking. The supplier(s) terms and conditions may limit and/or exclude supplier(s)’ liability to you. We will endeavour to provide copies of supplier(s) terms and conditions at the time you make your booking, but these are subject to change without notice and we accept no liability on our part to bring changes to any supplier(s) terms and conditions to your attention.
These Agency Terms and Conditions are also subject to change and we hereby reserve the right to unilaterally amend and/ or update the terms contained in this document at any time. We shall use our best endeavours to notify you of such amendments or updates from time to time. Copies of any such updated or amended terms may be provided from us on your request.
You may decide to make one or more bookings with us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Act 1994 – 08.
Booking and payment
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party these booking conditions. To confirm your chosen arrangements, you must pay a deposit as required by the supplier of the arrangements in question (or full payment if requested at the time of booking). You must also pay all applicable insurance premiums and booking fees. Your booking is confirmed and a contract between you and the supplier(s) will exist when we send you confirmation on their behalf. If your confirmed arrangements include a flight, we, on behalf of the supplier will provide you with an (Air Travel Organiser’s Licence (“ATOL”) Certificate. Please check your confirmation and ATOL Certificate carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier(s) who may cancel your booking and charge the cancellation fees set out in their booking conditions. Except where otherwise advised or stated in the booking conditions of the supplier(s) concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned, except for bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is always held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the customer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.
1. Accuracy of Prices
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
You are strongly recommended to take out personal travel insurance for all members of your party. Some suppliers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your needs. Please read your policy details on receipt and take them with you on holiday.
3. Special requests
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier(s), but we cannot guarantee that they will be met, and we will have no liability to you if they are not.
4. Changes and Cancellations by you
Any cancellation or amendment request must be made by the lead name (you) and sent to us in writing, by email or post, and will take effect on the day we receive it. Proof of posting is not proof of receipt; therefore, you are advised to also confirm all changes by telephone. Please ensure that you have received
written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier(s) of your arrangements. The supplier(s) may charge the cancellation or amendment charges shown in the supplier(s) terms and conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure).
Notwithstanding the above, any changes to your booking may be subject to an administration fee commensurate with the requested change.
Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most ‘no frills’ airlines have cancellation charges of 100% from time of booking, unless a such airlines offer a flexible ticket or other arrangement under the applicable supplier(s) terms and conditions that provide for a lower charge, or no additional charge.
5. Changes and Cancellations by the Supplier(s)
We will inform you as soon as reasonably possible if the relevant supplier(s) need to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier(s) in relation to any alternative arrangements offered by the supplier(s), but we will have no further liability to you. Special note: choosing multiple suppliers will increase the likelihood of additional costs being payable, as suppliers that are not under common ownership or otherwise unconnected will not usually make themselves liable for any cancellation or change made by another supplier that affects your arrangements with them.
6. Our responsibility for your booking
Your contract is with the supplier(s) and is always subject to the supplier(s) terms and conditions. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions and facilitating correspondence between you and relevant supplier(s). We accept no responsibility for any information about the arrangements that we pass on to you in good faith.
7. Financial Protection
Many of the flights and flight-inclusive holidays on our website are financially protected by the ATOL scheme. However, ATOL protection does not apply to all holiday and travel services provided by us. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate, then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see the supplier(s) terms and conditions for information, or for more information about financial protection and the ATOL Certificate go to www.atol.org.uk/ATOLCertificate.
8. Visa, passport and health requirements
It is your responsibility to ensure that everyone in the party has the necessary passport, visa and health certification and comprehensive insurance cover for your trip. We may be able to assist with providing information on visa, passport and health requirements in certain cases, but do not make ourselves liable
or responsible for ensuring the accuracy of such information which is given in good faith, and subject to various laws and regulations worldwide, which may change without notice. Given such requirements may change, you are therefore strongly recommended to check the up to date position with the supplier(s) of the arrangements, relevant Passport Offices, appropriate embassies or consulates or your doctor as applicable in good time before departure. Our obligations are accordingly limited to passing on information provided by you on your party to the relevant supplier(s) concerned, and we cannot guarantee that all parties will be able to meet the necessary passport, visa and health requirements applicable to your booking, or even if they do appear to meet such requirements that relevant supplier(s) and/or organisations will approve such parties for entry into the destination countries on the booking.
9. Accommodation Ratings and Standards
All ratings are as provided by the relevant supplier(s). These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
Because the contract for your arrangements is between you and the supplier(s), any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier(s) or their agent(s) immediately. If you fail to follow this procedure, there will be less opportunity for the supplier(s) to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain about the service you have received from us either before, during or after your trip, you may write to us on the details provided to you within any confirmation documents we send you.
11. Law and Jurisdiction
These Agency Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with Gibraltar law and the courts of Gibraltar shall have exclusive jurisdiction as regards any claim or matter arising in relation to these Agency Terms and Conditions.
12. Documentation & Information
All descriptions and content issued by us is done so on behalf of the supplier(s) in question and are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on these Agency Terms and Conditions, on our website, or on our marketing materials and other information we provide to you. All services shown are subject to availability. If you require any further details, in respect of any accommodation or any other services please contact us on the details provided to you within any confirmation documents we send you.
13. Operating Carrier Information
In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. In accordance with EU Regulations we are required to advise you of the operating carrier(s) (or, if the operating carrier(s) is not
known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the operating carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. Any change in the identity of the airline, flight timings and/or aircraft type will not entitle you to cancel or change to other flight arrangements without paying our normal charges except where specified in the tour operators booking conditions.
14. Data Protection Statement
In this clause 15, ‘Data Protection Laws’ shall mean European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to you as a data subject and to us as a controller or processor of your personal data, including but not limited to:
– the General Data Protection Regulation (Regulation (EU) 2016/679);
– Gibraltar’s Data Protection Act 2004, as amended;
– the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); and
– Gibraltar’s Communications (Personal Data and Privacy) Regulations 2006, made under Gibraltar’s Communications Act 2006, as amended
In this clause 15, the following terms shall be construed in accordance with how such terms are defined within the Data Protection Laws:
– ‘personal data’
– ‘processing’ (and ‘process’ shall be construed accordingly)
– ‘data subject’
– ‘special category data’
In order to fulfil your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to process the personal data you provide to us such as your name, address, contact details, financial/payment information etc., as well as the personal data relating to other data subjects in your party.
In certain cases, we may also need to process special category data, such as any special needs, health, medical, mobility or dietary requirements of you or members of your party.
lawful basis, where another more relevant lawful basis is applicable; such as, for example, processing required in order to fulfil our contractual arrangements with you, or required for us to comply with a legal obligation to which we are subject.
We may pass personal data on to other relevant suppliers of your travel arrangements such as travel agents, airlines, hotels and transport companies. Your personal data may also be provided to security and/or credit checking companies, credit and debit card companies, government and enforcement agencies, public authorities such as customs and immigration if required by them, or as required by law. We may also use your personal data for the purposes of carrying out security checks. Your personal data may be shared with the police or other law enforcement or crime prevention agencies for security purposes. This may involve sending your personal data between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in the EEA. If you travel outside the EEA or use supplier(s) outside of the EEA, controls on data protection may not be as strong as the Data Protection Laws. Where we are required to transfer personal data outside of the European Economic Area, we will do so in accordance with the Data Protection Laws, which may require us to implement appropriate safeguards or seek your explicit consent, which will usually be requested from you separately in writing. If we cannot transfer your personal data to the relevant supplier(s) (whether in the EEA or not) on the basis of such consent or another valid lawful justification, we may not be able to properly effect your booking. You will not be able to consent on behalf of all data subjects in your party, which means that where consent is the lawful basis, we may be required to obtain separate indications of consent from all members of your party that are not regarded as children or otherwise unable to provide consent otherwise than through a person with parental responsibility under the Data Protection Laws.
15. Your Obligations
You agree to be bound by the following obligations, including without limitation:
– You accept financial responsibility for all transactions made under your name or account.
– You must be 18 years of age or over to have legal capacity
– You warrant that all information you provide about yourself or members of your household shall be true and correct
– The transmission of threatening, defamatory, pornographic, political, or racist material or fraudulent bookings.
– The Site and any content may not be modified, copied, transmitted, distributed, sold, displayed, licensed or reproduced in any way by you, except that one copy of the information contained within the Site may be made for personal, non-commercial use.
16. Customer Behaviour
It is your responsibility to ensure that you do not behave in a way which is inappropriate or causes offence or danger to others or which risks damage to property belonging to others (including but not limited to drunkenness, air rage) whilst on your holiday or using a service/product. If your behaviour is inappropriate and/or causes offence, or damage to others, or risks damage to property belonging to others, we and/or our Travel Suppliers (e.g. airline staff) may cancel you booking. In such cases our and our Travel Supplier’s responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination.
Refunds will be processed to the original form of payment used at the time of booking. This will be made payable to the person who made the original payment. When processing a refund for a flight ticket, please be aware that not all taxes are refundable. A tax refund will be processed in accordance with the relevant airline’s refund policy. Taxes fluctuate in line with exchange rates. Not all airline tickets are refundable. We make all effort to refund you as soon as possible; however, delays can occur when we are waiting for monies to be returned from your airline or other travel providers. To make a refund claim, you will need to email email@example.com with full details of passenger name/s, booking reference and ticket number. MH BLAND TRAVEL SERVICES reserved the right to change an administration fee for processing a refund. No agency earned commissions on cruise bookings will refunded due cancellations. IMPORTANT: If you are in any doubt about your ability to travel on your chosen dates, please contact us by telephone prior to booking so that we can advise you of the applicable cancellation and refund penalties for the fare selected
18. No Shows
A ‘No-Show’ occurs when you fail to turn up on the day of departure for your flight or at your hotel on the booked arrival date and where you have not cancelled your flight/hotel /train or other reservation in advance of the departure date. Any such cancellation would need to have been received by MH Bland Travel Services via email. Please note that, in relation to flights, a ‘No-Show’ for a flight may result in your ticket being cancelled by the airline and therefore may not be refundable. Any re-issue or change of date will be at the discretion of the airline. Any flight bookings not cancelled or any failure to check in at a hotel will be treated as a ‘No-Show’. Please note that refunds can only be processed to the form of payment used at the time of booking and that all refunds are subject to the relevant airline’s policy and an administration charge on a per person basis.