Booking Conditions

By making a booking, the Lead Passenger agrees on behalf of all persons detailed on the booking that they:

1. Have read these Booking Conditions and has the authority to and does agree to be bound by them;

2. consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

3. Are over 18 years of age and where placing an order for services with age restrictions declares that all members of the party are of the appropriate age to purchase those services;

4. Accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

5. Are responsible for ensuring the accuracy of the personal information or any other details supplied to Travel Vogue Ltd (trading as Neckermann Travel) and any other person travelling on the booking and for passing on any information regarding the booking, including but not limited to changes made in relation to the persons travelling, schedule changes and copies of confirmations.

6. Are resident in the UK at the time of booking.

PLEASE NOTE: We act as a Package Organiser in the sale of a Package, and as a Principal in a ‘single service’ booking (i.e. an accommodation only booking).

Our obligations to you will therefore differ depending upon whether you book a Package where we are acting as the Package Organiser (please see clause 19 for further details of where this will be the case), or as a Principal in the sale of a single service booking. Our differing obligations are set out below, in the following separate sections:

1. Section A contains the conditions that will apply to all bookings you make with us;

2. Section B contains the conditions that will apply when you make a Package booking with us, where we are Package Organiser; and

3. Section C contains the conditions that will apply where you make a single service booking with us, where we are acting as Principal (this section will apply where you have booked accommodation only).

SECTION A – APPLICABLE TO ALL BOOKINGS

This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see clause 19 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

1. Definition of a Package

   Where your booking is for a Package that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.

   A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip:

   1. transport; or

   2. accommodation; or

   3. rental of cars, motor vehicles or motorcycles (in certain circumstances); and

   4. any other tourist service not intrinsically part of one of the above travel services,

   provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

   IMPORTANT NOTE:where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

   1. do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or

   2. are selected and purchased after the performance of the transport, accommodation or car rental has started.

   These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.

2. Pricing of Packages

   We reserve the right to amend the price of unsold packages at any time and correct errors in the prices of confirmed packages. We also reserve the right to increase the price of confirmed packages solely to allow for increases which are a direct consequence of changes in:

   1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;

   2. the level of taxes or fees chargeable for services applicable to the package imposed by third parties not directly involved in the performance of the package, including tourist taxes.

   3. the exchange rates relevant to the package.

   Such variations could include but are not limited to cruise ship operators and any other transport providers.

   You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another package if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the date you were notified of the charges.

   Should the price of your package go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

   There will be no change made to the price of your confirmed Package within 20 days of your departure nor will refunds be paid during this period.

3. Cutting your Package short

   If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your package and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your package not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

4. If You Change Your Booking & Transfers of Bookings

   If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by using the contact details available here: [email protected]. This should be done by the Lead Passenger. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. Please be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 23 (Cancellations made by you).

   Transfer of Booking:

   If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

   1. that person is introduced by you and satisfies all the conditions applicable to the package ;

   2. we are notified not less than 7 days before departure;

   3. you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

   4. the transferee agrees to these booking conditions and all other terms of the contract between us.

   You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 23 (Cancellations made by you) will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

   Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. Administration fee(s) are non-refundable in any circumstances and a refund processing fee of £50 per booking will be levied to cover the administration costs for all bookings.

5. If You Cancel Your Booking Before Departure

   If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by using the contact details available here: [email protected]. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

   Should one or more member of a party cancel, it may increase the per person package price of those still travelling and you will be liable to pay this increase.

   Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

   Period before departure in which you notify us	Cancellation Charge
   More than 70 days	Deposit only
   69 days to 59 days	40% of package cost or deposit paid (whichever is greater)
   From 58 days to 34 days	50% of package cost or deposit paid (whichever is greater)
   From 33 days to 22 days	70% of package cost or deposit paid (whichever is greater)
   Less than 21 days	100% of package cost

   If you booked using a Low Deposit or Part Payment Offer, the full deposit amount stated in your Booking Confirmation will need to be paid upon cancellation.

   Administration fee(s) are non-refundable in any circumstances and a refund processing fee of £50 per booking will be levied to cover the administration costs for all bookings.

   Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

   Administration fee(s) are non-refundable in any circumstances and a refund processing fee of £50 per booking will be levied to cover the administration costs for all bookings.

   If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

   Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

   Cancellation by You due to Unavoidable & Extraordinary Circumstances:
   

   You have the right to cancel your confirmed package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your package destination or its immediate vicinity and significantly affecting the performance of the package or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

   This clause 23 outlines the rights you have if you wish to cancel your Package booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

6. If We Change or Cancel your Package

   As we plan your package arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

   Changes: If we make a minor change to your package, we will make reasonable efforts to inform you as soon as reasonably possible, if there is time before your departure. Examples of minor changes include a change of accommodation to another of the same or higher standard and change of airline and minor schedule changes.

   
   Occasionally we may have to make a significant change to your package holiday. Examples of “significant changes” include the following, when made before departure:

   1. A change of accommodation area for the whole or a significant part of your time away.

   2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

   3. A change in the time of your departure or return flight by more than 12 hours

   These changes are only examples and there may be other significant changes which constitute a significant change.

   If we have to make a significant change, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: -

   1. accept the new arrangements offered by us; or

   2. accept a replacement Package Holiday from us of equivalent or similar standard and price. Where possible, we will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original Package Holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday, we specifically offer you, you may choose any of our other available package holidays. You must pay the applicable price of any such holiday; or

   3. cancel your Package Holiday with us and receive a full refund of all monies paid.

   We will pay you compensation using the compensation table shown below, unless the change is due to unavoidable and extraordinary circumstances (see Clause 5).

   Cancellation: We will not cancel your Package less than 70 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance. We may cancel your package before this date if, e.g. the minimum number of clients required for a particular travel arrangement is not reached.

   Please note that our cancellation charges in clause 23 will apply where we cancel your holiday due to your failure to pay the final balance.

   If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

   1. (for significant changes) accepting the changed arrangements; or

   2. having a refund of all monies paid; or

   3. if available and where we offer one, accepting an offer of an alternative package (we will refund any price difference if the alternative is of a lower value).

   You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to not accept the change or alternative booking arrangements and we will cancel your booking and issue a full refund.

   Compensation

   In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

   1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;

   2. If we cancel your booking and no alternative arrangements are available and/or we do not offer one.

   The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

   Period before departure in which we notify you	Amount you will receive from us*
   More than 70 days	Nil
   Between 69 to 43 days	£10
   Between 42 and 29 days	£20
   Between 28 and 14 days	£20
   Less than 14 days	£30

   *IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

   1. where we make a minor change;

   2. where we make a significant change or cancel your arrangements more than 70 days before departure;

   3. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

   4. where we have to cancel your arrangements as a result of your failure to make full payment on time;

   5. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

   6. where we are forced to cancel or change your arrangements due to Events Beyond Our Control (see clause 5).

   If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

   Please note: Administration fee(s) are non-refundable in any circumstances and a refund processing fee of £50 per booking will be levied to cover the administration costs for all bookings.

7. Complaints

   We make every effort to ensure that your Package arrangements run smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your package, this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your package, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us using the emergency contact numbers provided within your travel documents so that the problem can be resolved as quickly.

   If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at: [email protected] , within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

   Please note that we offer an Alternative Dispute Resolution service through (our ABTA membership). Please see clause 26 below for further details.

8. ABTA

   You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.

   We are a Member of ABTA, membership number E0530. 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.

9. Our Responsibilities to You in respect of a Package

   1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out on your Booking Confirmation. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package you may be entitled to an appropriate price reduction or compensation or both.You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package.The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

   2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

   1. the acts and/or omissions of the person affected; or

   2. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

   3. Events Beyond Our Control (as defined in clause 5).

   3. We limit the amount of compensation we may have to pay you if we are found liable under this clause:

   1. loss of and/or damage to any luggage or personal possessions and money:the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

   2. Claims not falling under (a) above and which don’t involve injury, illness or death:the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

   3. Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

   1. The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Paris Convention (with respect to hotel arrangements). You can ask for a copy of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

   2. In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

   3. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

   4. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaint’s procedure set out in these conditions.

   5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

   6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

   1. which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

   2. relate to any business:

   3. indirect or consequential loss of any kind.

   7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

   8. Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

10. Insolvency Protection for Packages

    The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package, where we are acting as the Package Organiser, in the event of our insolvency.

    We provide full financial protection for flight inclusive packages; we provide this security by way of a bond held by the Civil Aviation Authority (CAA) under ATOL number 5869 administered by the CAA.

    This means that in respect of your Package Holiday, in the unlikely event of our insolvency, the CAA will ensure that you are not left stranded abroad or will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk.

    When you buy a flight inclusive holiday from us you will receive an ATOL Certificate which lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate, or a suitable alternative. In some cases, where neither we nor the supplier are able to do so for reasons of insolvency an alternative ATOL holder may provide you with the services you have purchased or a suitable alternative, at no extra cost to you.

    You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your Contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder in which case you will be entitled to make a claim under the ATOL scheme, or your credit card issuer where applicable. If we, or the suppliers identified on your ATOL Certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

    We provide full financial protection for all hotel only bookings by way of a bond held by (ABTA Ltd, The Travel Association 30 Park Street London SE1 9EQ www.abta.co.uk).

    You can access the Package Travel and Linked Travel Arrangements Regulations 2018 here:

    https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents

11. Prompt Assistance for Packages

    If you have booked a Package and whilst you are on the package, you find yourself in difficulty for any reason we will offer you prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through you or your party’s negligence.

SECTION C: SINGLE SERVICE, PRINCIPAL BOOKINGS

This section applies to all Single Service bookings that you make with us (e.g. an accommodation only booking) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.