BOOKING TERMS AND CONDITIONS TTA NUMBER U9816 - ATOL NUMBER T7446
Valid from 01.01.2012
Introduction
Please read these terms carefully as they contain limitations on and exclusions of the liability of 321 Travel.co.uk, trading as 321 Travel/321 Cruise.
321 Travel.co.uk t/a 321 Travel / 321 Cruise operates this travel service. 321 Travel.co.uk is a company incorporated under the laws of England and Wales (company no.07827027 ) and whose registered address is Office 6b, 179 Shepherds Hill, Harold Wood, Romford,Essex RM3 0NR.
321 Travel.co.uk will be referred to as “321 Travel/ 321 Cruise or We” throughout these terms and references to “you”, “your”, “us” , and “our” shall include all the individuals on whose behalf we make reservations and whose names appear on the Confirmation (defined below ).
On making a booking with us you are deemed to have read and accepted the Booking Conditions and that you have the authority to accept and are accepting the terms and conditions on behalf of all persons in the party. A copy of our Booking Conditions is available at any time and can be found on our website. This contract is made on the terms of these booking conditions which are governed by English law and is subject to the jurisdiction of the English courts.
Application of these terms
When booking Package Travel (defined below) where 321 Travel is the organiser or retailer of the Package Travel you will be entering into a legally binding contract with 321 on the terms of this agreement ( defined below ). When booking Package Travel (defined below) where 321 Travel is selling the Package Travel on behalf of another organiser or retailer, you will therefore be entering into a legally binding contract with the relevant organiser and not with 321 Travel. Your contract with 321 Travel is made on the terms of this Agreement and this Agreement is governed by English law and is subject to the jurisdiction of the English courts.
when booking travel arrangements other than package travel you will be dealing with 321 Travel
acting as agents for and on behalf of the relevant hotel (or other accommodation provider), airline, cruise company, car hire company, airport shuttle provider (or other transport
provider) or any other service provider or supplier, and not with 321 Travel.
Where 321 Travel acts as an agent as described in paragraphs above, our Confirmation (defined below) will contain a statement saying "321 Travel acts as an agent for…" and then the name of the company with whom you are entering into a contract with.
Where 321 Travel acts as an agent, your contract will be with the company whose name appears as part of the "321 Travel acts as an agent for…" statement and such company’s terms and conditions can be obtained from 321 Travel on request. The relevant company's terms and conditions shall apply in addition to the terms of this Agreement.
Where 321 Travel is acting as agent and there is any conflict between the terms of this Agreement and the terms contained in another company’s terms and conditions and/or conditions of carriage, such terms and conditions and/or conditions of carriage shall take precedence.
Where 321 Travel acts as an agent as described, 321 Travel will not be liable in any way for failing to perform or improper performance of the contract. 321 Travel will use it’s reasonable endeavours to help you resolve any complaint you may have against the relevant third party.
Definitions
The following words and phrases used in this Agreement shall have the following meanings, except where the context clearly requires otherwise.
"Agreement" means these booking terms together with the Confirmation relating to your reservation and the Privacy Policy;
"Booking Form" means the online form on the website which you complete when making your reservation or the document completed by our reservations staff with your agreement over the telephone;
“confirmation” means:
(a) For online booking - an email sent to you by 321 Travel once you have completed the online reservation process confirming 321 Travels acceptance of your reservation and the monies to be paid by you in respect of your reservation; and (b) For telephone bookings – correspondence sent to you by 321 Travel either by e-mail or by post once you have completed the telephonic
reservation process confirming 321 Travels acceptance of your reservation and the monies to be paid by you in respect of your reservation;
"Force Majeure Event" means any event which affects the performance by 321 Travel its suppliers or agents of its obligations under this Agreement and arises directly from an act outside the reasonable control of 321 Travel, including without limitation, an act of God, local
government or government, war, fire, flood, earthquake or storm, adverse weather conditions, acts of terrorism, explosion, civil commotion, industrial dispute, or unavoidable technical problems;
“Minor” means a person who has reached his/her second birthday but not his/her 18th birthday as of the date of commencement of travel;
"Package Travel" means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than 24 hours or includes overnight accommodation.
(a) Transport;
(b) accommodation; and or
(c) other tourist services not ancillary to transport or accommodation and accounting for a
significant proportion of the package.
Financial Protection
YOUR FINANCIAL PROTECTION 321 Travel is a fully bonded member of TTA(TRAVEL TRADE ASSOCIATION ) membership no. U9816 The Package Travel, Package Holidays and Package Tours Regulations 1992 places an obligation on 321 Travel and its agents to provide security for the monies you pay to 321 Travel for all package holidays and/or package travel booked by 321 Travel.
The required security for all package holidays and/or package travel involving air travel reserved by you is provided by the Civil Aviation Authority (CAA) under the ATOL scheme. Air holidays packages sold by 321 Travel where 321 travel is the organiser and/or retailer of the air holidays packages are protected by the Civil Aviation Authority.
321 Travels ATOL number T7446
Where you buy an ATOL protected air holiday package from 321 Travel you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser`s Licence number (ATOL) T7446.
321 Travel acting as an agent selling Package Travel: Air holidays packages sold by 321 Travel where 321 Travel act as an agent are ATOL protected by the Civil Aviation Authority. In the event of the travel provider’s insolvency, the CAA will ensure that you are not stranded abroad or where you have not travelled will arrange to refund any monies you have paid for your advance booking.
321 Travel acting as an agent selling travel arrangements other than package travel: not all holiday or travel services sold by 321 Travel will be protected by ATOL. Please ask us to confirm what protection applies to your booking.
Agreement with us
YOUR AGREEMENT WITH US. A legally binding contract between you and 321 Travel or between you and the relevant company (as explained above) comes into existence as soon as 321 Traveltakes any payment from you for your booking. For bookings made with our reservations
department you should receive a Confirmation of your booking within 7 working days of the booking being made and payment taken.
If you do not receive your confirmation in the timescales detailed please contact 321 Travel immediately. Please note that in the case of an e-mail
Confirmations we cannot be held responsible for incorrect e-mail addresses being supplied to us.
Your contract with 321 Travel is made on the terms of this agreement and this agreement is governed by English Law and is subject to the jurisdiction of English courts.
We require full immediate payment unless we advise you that the offer you have booked permits us to take a deposit with the balance due at a later date. Please note that any balances due must be received in cleared funds no later than 12 weeks prior to travel. Should you make a booking on behalf of the individuals travelling with you, you will be responsible for the payment of the monies due in respect of everyone travelling with you by the due date.If your payment is received after this time we reserve the right to charge an administration fee of £20 per person. If the deposit and/or the balance is not paid in time we reserve the right to cancel your booking. If the balance is not paid
in time you will forfeit your deposit. Any reminder letters sent to you are charged at £15.00 per letter.
All cheques should be made payable to 321 Travel. Please quote your confirmation reference number when making payment. In the event that your bank does not honour your cheque there will be a charge levied of £25. When making a booking for an unaccompanied Minor please ensure you clearly detail your requirements to
our agent as the conditions of travel will vary depending on the supplier/agent, various suppliers/agents will not accept unaccompanied minors.
Bookings
Some airlines do not allow access to their live seat ‘inventory’ or last seat availability. It is occasionally possible that after confirming a reservation on-line the airline may reject the booking. This only occurs on a small selection of airlines featured on our site. If this occurs we
will contact you within 48 hours that this situation has arisen. In this instance we will not be liable
for any additional costs incurred in having to purchase new tickets at a higher fare. Payment for tickets will be refunded if the seats are not confirmed by the airline.
Payment and Tickets
All payments made by cheque should be made payable to 321 Travel Ltd Trust account.
We accept all major debit and credit cards (except Diners, Electron and JCB) and payment by cheque.
0-4% (although certain minimum levels may apply to specific booking types of up to £12 per person). A levy up to £3 may be charged for payment by debit card. Cheques should be made payable to to 321 Travel.
We can only accept a credit card from one of the passengers stated on the booking form. The ticket delivery address must match the credit card billing address.
Once we have confirmed the booking to you and we have received payment your travel documents will be forwarded approximately 7 days prior
to departure. For itineraries, which include air travel, electronic tickets (e-ticket) match the credit card billing address.
Once we have confirmed the booking to you and we have received payment your travel documents will where possible be arranged. For late bookings made within 2-3 weeks of departure (depending on the tour operator) we will arrange tickets on departure, which will be available for collection at the airport.
We will charge a £25 surcharge in addition to any charges applied by the airline. For ticketless airlines you will need to provide your booking reference upon check in. Please ensure that you and the passengers on whose behalf
you made the booking have all the required documentation and information required at check-in.
In order to take advantage of special fares,we may be required to issue tickets well before travel.
Cancellation charges of 100% of the flight cost will be levied if you have to cancel or make any changes after tickets have been issued (for any changes the full price of the flight will have to be paid again even if the same flight is used). Where we have accepted a lower deposit than that of the of the tour operator or airline concerned, we reserve the right to deduct automatically the full amount due as a result of your cancellation.
PLEASE CONTACT US IF YOU DO NOT RECEIVE YOUR DOCUMENTATION WITHIN 5 WORKING DAY’S OF YOUR DEPARTURE.
Lost, Stolen and Destroyed Tickets or Vouchers
You will be responsible for paying any charges incurred by 321 Travel. Should you require tickets or vouchers to be re-issued as a result of it being lost, stolen, destroyed or misplaced in any other manner. Such charges will be subject to an administration fee of £25per person.
Insurance
Under the Package Travel, Package Holidays and Package Tours Regulations 1992321 Travel recommends that all passengers purchase suitable insurance to cover (as a minimum) the costs incurred if you make a cancellation and the cost of assistance, including repatriation, in the event of an accident or illness while you are abroad. It is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs. In the event that you choose not to take out travel insurance or take out inadequate/or unsuitable travel insurance you
automatically forego the right to claim against 321 Travel for any items or issues that would be covered under the appropriate insurance policy.
Price
Certain bookings will be subject to a booking fee. We will advise you at the time of booking if this applies and it will be reflected in the price you pay for your travel arrangements. Whilst every effort is made to avoid surcharges, 321 Travel reserves the right to pass on any
cost increase levied by the suppliers.
Prices may only be changed to reflect government action, increase in transportation costs (e.g. airfares and cost of fuel), changes in duties and taxes (including VAT) or fees payable for services (e.g. landing taxes or embarkation/disembarkation
fees at ports and airports) or to reflect fluctuations in exchange rates. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger
variations this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1.00 per person together with an amount, to cover agents’ commission.
Any cancellation by you will incur administration fees of £25 per person over and above any levied by any airline, hotel or ground supplier. All cancellations within 15 days of your date of departure will result in the forfeiture of all monies paid.
Accommodation
Please ensure that you take your accommodation voucher with you, as without these you may be unable to access your accommodation. 321 Travel will send accommodation vouchers to you 7 - 10 days prior to your date of departure. Transfers from the
airport to your accommodation are not included unless you have pre-booked and paid for transfers at the time you have made the booking. If you have booked your flights independently
it is your responsibility to advise 321 Travel of your flight number and any changes to your
estimated time of arrival/departure.
All ratings are as provided by the relevant Travel Provider. 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 travel
Providers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries comply with applicable local health and safety regulations. Please see our health and safety statement. We strongly advise that all customers
seek to minimise their exposure to injury by familiarising themselves with relevant safety information,such as fire evacuation procedures. We also ask that you communicate to the relevant Travel Provider and to us, any failure that you perceive at any place where the services
concerned are being supplied, whether in respect of health and safety or any other matter. Such communication should be made at the earliest opportunity and in writing, where possible, or other appropriate form.
Accommodation arrangements may be subject to change. Notification of any alteration will be forwarded onto you as soon as 321 Travel is advised. 321 Travel accepts no liability for the short notice of any notification supplied to us, nor do we accept liability for being unable to contact you on the contact details you have provided. Accommodation changes
or alterations are beyond the control of 321 Travel. Where accommodation changes or alterations occur 321 Travel will be informed by the supplier or agent in question and we will be advised of the alternative arrangements available to you. It is your responsibility to ensure the alternative
arrangements are suitable to you. When you are advised that your accommodation is changed
we recommend you carry out your own research to ensure you are satisfied with the new arrangements prior to acceptance.
321 Travel accepts no liability for your dissatisfaction with the alternative arrangements once you have agreed to the change. If you have a problem during your holiday please inform the relevant supplier (e.g. your hotelier) and 321 Travel immediately who will endeavour to address your problem and put things right. Failure to report any issues
as above will result in you foregoing any entitlement to claim upon your return as you have
denied the operator and 321 Travel the ability to mitigate any loss. If any issue is not resolved to your satisfaction locally we advise that you request the supplier in question to document
the problems encountered and provide this to 321 Travel upon your return. Issues relating to standards of accommodation, cleanliness, lack of amenities or facilities, and health and safety must be reported directly to the relevant supplier in resort.
321 Travel cannot accept any liability for the actions of other guests or any activities that are not to your liking. Where a complaint of this nature is reeived it will be forwarded on to the supplier in question and any response will be passed on to you.
321 Travel cannot accept any liability for the damage or loss of your property.Accommodation bookings do not include excursions.
Car Hire, Transfers and Parking
Please ensure that you take your car hire vouchers with you, as without these you may be unable to collect the car. It is your responsibility to ensure that you are in possession of a valid driving licence and can produce this on request. The car rental company may require you to pay a security deposit with your credit card or debit card, cash and/or cheques will not be accepted for purposes of paying such security deposit.
Car rental companies offer cars by group type rather than by model type. Whilst the model of the car may vary, it will be from the same group as originally booked.
Please note that the car rental company may levy various local charges such as petrol, insurance, insurance excess, additional drivers charges and out-of-hours collection.
Collection of cars may not necessarily be at the airport so please confirm with the relevant car rental company. Special requests such as child seats satellite navigation and roof racks must be made at the time of booking and should be paid for locally. Any such special requests are subject to availability.
If you have booked parking, please ensure that you take your pre-paid voucher with you on your return to collect the car. Please ensure that you take your transfer voucher with
you as without these you may be unable to travel. 321 Travel cannot take any responsibility for you not being present at the designated pick up point at the required time. When waiting for a transfer please be patient if the transfer is delayed 321 Travel will not accept responsibility for costs incurred if you have not given the transfer adequate time to make the pick up. If you have a
delay in receiving your luggage, you should send a member of your party out to arrivals to advise the transfer company. You are required to confirm your return transfer prior to your departure, failure to do this may result in the transfer not being available to you. 321 Travel will not accept
responsibility for costs incurred if you fail to confirm your transfer.
Changes made by you
321 Travel will use reasonable endeavours to accommodate changes you request to be made to your travel arrangements after your booking is completed and a confirmation has been sent to you, but it may not be possible in all instances. The person who made the booking must make any requests for changes to travel arrangements in writing and you will be requested to pay an
administration fee of £50 together with any further costs that 321 Travel incurs in making changes
to your travel arrangements.
You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact as soon us as possible. Please note that certain scheduled flights and especially low cost flights, rail and ferry travel do not allow for tickets issued by them to be changed and do not offer a refund of the price paid in the event of cancellation. Any alteration request could incur a cancellation charge of up to 100% of
that part of the arrangements.
If you or any of the individuals on whose behalf you made a booking are prevented from travelling, 321 Travel will agree that the affected individuals booking be transfered to another individual who satisfies all the conditions applicable to the relevant travel arrangements
subject to both such replacement individual and the affected individual accepting joint and several for full payment of the price applicable to the travel arrangements and 321 Travel’s
administration charge and any additional costs arising from the transfer.
321 Travel must be given reasonable notice of the transfer request, which is considered to be at least 14 days prior to the outward departure date. Your accommodation may be booked per accommodation rather
than per person. In the event that a member of your party is unable to travel you will be required to cover the cost of accommodation.
Cancellation By You
You or any of your party may cancel your travel arrangements at any time. Written notification from the lead person on the booking must be received at our offices and since 321 Travel incurs costs in cancelling your travel arrangements you will have to pay the applicable cancellation fees (which can only be confirmed on the date your cancellation notice is received by 321 Travel.) Please note that insurance premiums are non-refundable. 321 Travel will retain any deposit paid by you in the event of cancellation. If you have paid the price of your travel arrangements in full, the cancellation fees applicable may vary depending on the tour operator/supplier used and you are bound by the terms and conditions of your individual tour operator/ supplier.
Changes Made By Us
Changes to aircraft type with resulting changes to facilities (including baggage allowance, check in method and onboard facilities) expected at the time of booking are deemed to be minor changes. A major change involves a change of UK departure airport in excess of 100 miles in each direction
or from the address provided on booking and does not include the change from one London airport to another destination airport ( other than between two airports serving the same city or
resort whereby 321 Travel will provide transportation to the same destination), time of UK departure by more than 12 hours, resort area.
In the case of tours and cruises a significant change of itinerary or offering accommodation of a lower standard than originally booked. Any changes to departure flight times of less than 12 hours will be automatically accepted on your behalf. We
will write to you confirming the revised details of your booking.
If we have to make a major change you have the following options:
a) accepting the altered travel arrangements;
b) accepting alternative arrangements that we may be able to offer
c) cancelling your travel arrangements with us without charge.
If you choose c) we will refund all your monies to you less an an administration charge of £25pp. If you choose (b) we will refund any difference in cost of the new
arrangements if the new cost is lower, but if the new cost is higher than the original booking you will have to pay the difference. Liability in all cases involving a major change is limited to offering you the above choices.
Cancellation By Us
Where you are contracting directly with us, under certain circumstances it may prove necessary for us to cancel your holiday arrangements.
In these circumstances, you are entitled, if appropriate, to be compensated by us for the non-performance of the contract except where the
contract is cancelled because ( 1 ) the number of persons who have agreed to take that particular package are less than the number required
( and you are informed within the period indicated in the description of the package) or (2) the package is cancelled by reason of unusual
and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been
exercised. Compensation will not be payable in the case of force majeure. Our liability in all cases shall be limited to the cost of your
travel arrangements less our administration charge of £25pp. Where you are contracting directly with us and if after departure we are
unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our
very best to make suitable alternative arrangements. If you refuse to accept these, we will arrange to fly you back to your UK departure
airport (if the arrangements we agreed to provide included flights) as soon as we reasonably can or to transport you back to the point 321
Travel contracted services commenced as soon as reasonably possible. Any additional costs incurred as a result of this will be for your own
account.
Complaints
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and 321 Travel immediately who will endeavour to put things right. Failure to report any issues as above will result in you foregoing any entitlement to claim upon your return as you have denied the operator and 321 Travel the ability to mitigate any loss.
If your complaint is not resolved locally, please obtain a written report from the suppliers of the services in question and follow this up within 28 days of your return home by writing to our Customer services dept at our registered address shown above. Please keep your letter concise. This will assist us to quickly identify your concerns and speed up our response to you. A delay by you in reporting a complaint may affect 321 Travel’s ability to address your problem and put things rights and may also reduce your entitlement to compensation.
Where additional costs are incurred 321 Travel requires proof of payments which clearly state the costs you have incurred. If no proof of payment is provided or the costs incurred are not clear 321 Travel will not cover the costs. 321 Travel will only cover the costs of reasonable expenditure.
321 Travel records a cross section of telephone calls for training and monitoring purposes.
Where 321 Travel is requested to provide a copy of a call recording ( if recorded ) you will be subject to an administration fee of £40.
What happens to complaints
Disputes arising out of, or in connection with, this contract which cannot be amicably settled may referred to arbitration if the customer so wishes administered independently by the chartered institute of arbitrators.The scheme provides for a simple and inexpensive method of arbitration with documents alone with restricted liability on the customer in respect of costs.
Full details will be provided on request and can be obtained from the ABTA website www.abta.com. The scheme does not apply to amounts in excess of £,5000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims, which are solely in respect of physical injury or sickness or their consequences.
The scheme can however deal with compensation claims, which include an element of minor injury, or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday.
Our Liability To You
We accept responsibility for ensuring that the travel arrangements you book with us are supplied as described in the promotion material or on the website and that the services offered reach a reasonable standard.
We will endeavour to ensure that any special requests you may make are fulfilled, however we can never guarantee such requests.
We accept responsibility should you or any member of your party suffer death personal injury or illness as a direct result of any negligent failure to perform or negligent performance of any part of our contract with you by any of our agents, suppliers except where the failure to perform or improper performance was due to:
a) your own acts or omissions;
b) those of a third party not connected with the provision of your holiday;
c) an event which could not have foreseen or avoided even with all due care:
d) a force majeure event. Our liability in all cases ( except death or personal injury) shall be limited to the cost of your travel arrangements excluding insurance premiums and amendment fees.
However our liability in respect of carriage by air, sea and rail and the provision of accommodation is limited in the manner provided by the relevant international conventions and
conditions of carriage. You can ask for copies of these international conventions from our offices. It is a condition of the acceptance of liability above that you notify us of any claim in accordance with the conditions relating to complaints.
Where any payment is made to you or any members of your party that person must assign to us or our insurers any rights they may have to pursue any third party. They must furthermore agree to fully co-operate should our insurers or we wish to enforce those rights. To the extent permitted under applicable law, we
shall not be liable under any circumstances for any indirect or consequential loss including without limitation loss of profits, goodwill, revenue, or business howsoever occuring.
Personal Injury
If you, or any member of you party, suffer death, illness, or injury whilst overseas arising out of an activity which does not form part of your travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and
with the conditions relating to complaints.
Where legal action is contemplated our written consent must be obtained. If the person concerned is successful in obtaining a costs order against a third party or to recoup costs under any insurance policy they may have we shall be entitled
to recoup from that person the costs actually incurred by ourselves.
Our costs in respect of you and any member of your party shall not exceed a total of £5,000.
Condition Of Carriage
When you travel with a carrier, the conditions of carriage of that carrier will apply, some of which may limit liability. The conditions of carriage incorporated into this contract. You may ask for copies of the relevant conditions of carriage from our offices. The web sites are our responsibility and do not commit the airlines mentioned herein or any airline
whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation orders in order to qualify for infant status an infant must be under 2 years of age on the date of the return flight.
Passport, Visa, and Health Requirements
You are responsible for ensuring that all passengers (Adults, Children and Infants) on whose behalf you make a booking are UK Citizens holding their own individual passport.
The Home Office suggests that passports should be valid for at least six months after your return. If you or any passengers on whose
behalf you make a booking do not hold a UK passport,please contact 321 Travel as we would need to confirm whether the relevant airline will
carry you or the passengers on whose behalf you make a booking. Please ensure that you and the passengers on whose behalf you make the
booking meet all relevant visa, travel insurance and health requirements. If you are in any doubt over any visa requirements please contact
the relevant country’s embassy or consulate.
Visa requirements and conditions vary by country and nationality and can change. For the USA and Bulgaria each passenger must be in possesion of a valid machine-readable passport.
For the USA the postal address of your first night’s accommodation (including ZIP code) will be required. The websites www.ukpa.gov.uk and www.usembassy.org.uk contains useful information regarding travel and visa requirements. If you require specific information, you are advised to contact The Foreign and Commonwealth Office on 0207 008 1500 or www.fco.gov/knowbeforeyougo. 321 Travel accepts no responsibility for any delay and/or expense suffered or incurred by you as a result of
any irregularity and/or invalidity of your documents.
In the event that customers are required to provide passport details in order to fly, they must provide this information to 321 Travel. Any failure to produce such information will be solely at the risk of the customer and 321 Travel accepts no liability or responsibility if the customer is unable to travel.
The Contracts
Except for individuals on whose behalf you make a booking, a person who is not a Party to this Agreement may not enforce any of its items under the contracts ( right of third parties ) act 1999.
Behaviour
321 Travel can end your holiday if your behaviour or that of any member of your party is likely in 321 Travels opinion to cause distress, damage, danger to or to annoy our other customers, employees, accommodation or anyone else. If you are prevented from travelling
because anyone in authority thinks you appear unfit to travel or likely to cause discomfort to or disturb other passengers.
321 Travel will not be liable to complete your travel arrangements and will not be liable for any refund, compensation or other costs you have to pay.
321 Travel cannot accept liability for the behaviour of others in your accommodation or flight, or if any facilities are removed as a result of their actions.
Privacy Policy
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
What information do we collect?
We may collect, store and use the following kinds of personal data:
information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);
information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
information that you provide to us for the purpose of registering with us;
information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
any other information that you choose to send to us.
Google Analytics
We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on user's computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at: http://www.google.com/privacypolicy.html.
Cookies
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both "session" cookies and "persistent" cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; and other uses. We will use the persistent cookies to: enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.
Using your personal data
Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:
administer the website;
improve your browsing experience by personalising the website;
enable your use of the services available on the website;
send to you goods purchased via the website, and supply to you services purchased via the website;
send statements and invoices to you, and collect payments from you;
send you general (non-marketing) commercial communications;
send you email notifications which you have specifically requested;
send to you our newsletter and other marketing communications relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
provide third parties with statistical information about our users - but this information will not be used to identify any individual user;
deal with enquiries and complaints made by or about you relating to the website; and
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
Disclosures
We may disclose information about you to any of our employees, officers, agents, suppliers of your travel arrangements such as your tour operator, airlines, hotels, transport companies etc. Insofar as reasonably necessary for the purposes as set out in this privacy policy.
In addition, we may disclose information about you:
to the extent that we are required to do so by law;
in connection with any legal proceedings or prospective legal proceedings;
in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
Except as provided in this privacy policy, we will not provide your information to third parties.
Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
External Sites
321 Travel Ltd Ltd is not responsible for the content of external internet sites. You are advised to read the privacy policy of external sites before disclosing any personal information.
Personal information (Extend)
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.)
Usually your tour operator or other principal will pass this information onto their suppliers once we have provided it to them. The tour operator or other principal's use of your information is subject to their policy, both in respect of your booking and any future marketing, and is their responsibility. Please ask either us or them for a copy of this if you would like to see it.
Policy amendments
We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.
We may also notify you of changes to our privacy policy by email.
Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Contact
If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to info@321travel.co.uk or by post to:
321Travel Ltd
Office 6b, Ivy Lodge Farm
179 Shepherds Hill
Harold Wood
Romford
Essex
RM3 0NR
Data controller
The data controller responsible for our website is XXX. Our data protection registration number is ZXXXXXX.
Terms Of Use
Valid from 01.01.2008
Introduction
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
User generated content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e) our maximum liability in relation to any event or series of related events will be limited to the price of the Goods in the 12 months before the event(s) complained of.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Registrations and authorisations
We are registered with Office of fair Trading. You can find the online version of the register at www.oft.gov.uk. Our registration number is 07827027.
Our details
The full name of our company is 321Travel Ltd.
We are registered in England under registration number 07827027.
Our registered address is: Office 6b, Ivy Lodge Farm, 179 Shepherds Hill, Harold Wood, Romford, RM3 0NR
You can contact us by email to enquiry@321travel.co.uk.
