booking - Monarch Terms of Agency
First Aviation Limited Terms of Agency
These are the terms on which we will make a booking or bookings for your travel requirements. As well as providing flights First Aviation Limited trading as Monarch Airlines (“Monarch”) (co.number 02783179) also acts as an on-line booking agent for travel suppliers such as car hire and accommodation companies. We must stress that each booking you make with and through us is a separate transaction. There is no combination. You are not booking a package and this means that the Package Travel, Package Tours and Package Holidays Regulations do not apply.
Your Financial Protection
We provide full financial protection for our purchasers by way of our Air Travel Organiser's Licence (“ATOL”) number 4888 .When you buy an ATOL protected flight or flight plus from us you will receive an ATOL Certificate. This 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 bought 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, the travel agent (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. If for example you book a flight with us and accommodation through us, your contract for the flight is with us, and subject to our flight terms and conditions, which you accept as part of your booking for your flight; your accommodation booking is through us acting as agent but your contract is with the accommodation supplier and subject to its terms and conditions and we are not responsible for that accommodation; a consequence of each booking being a separate transaction is that if the accommodation supplier for whatever reason cancels your accommodation, you are still committed to the flight you have booked with us and you will have to take up the accommodation issue with the accommodation supplier. We advise you to ensure you read all the terms and conditions that apply to each of your bookings carefully as they contain important information about your booking(s). Please ask us for copies of the relevant terms and conditions if you do not have them. Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All travel arrangements which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer(s) on behalf of those suppliers or to reject it.
2. BOOKING DETAILS
Once you have confirmed all your details on our website or over the telephone (on 08719 40 50 40, calls cost 10p per minute from a BT landline, calls from other networks or mobiles may vary) as applicable, we will proceed to confirm the booking(s) with the relevant supplier(s). Please check that all names, dates and timings are correct on receipt of all documents. If any details are incorrect you should advise the relevant travel supplier(s). Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant supplier(s) of your travel arrangement(s) or other persons necessary for the provision of your travel arrangement(s). The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information on to the relevant supplier(s), whether in the EEA or not, we will be unable to provide your booking(s). In making your booking(s), you consent to this information being passed on to the relevant person(s). Full details of our data protection policy are available upon request.
You will be required to pay in full for your booking(s) at the time you make the booking(s). All bookings for travel arrangement(s) are purchased individually at their own individual prices but paid for at the same time. Payment may be made by MasterCard, Visa Credit, Delta visa and Switch/Maestro cards or Paypal. Booking fees for some methods of payment may apply, details of which will be displayed on our website. We use sophisticated technology to secure your credit card details. Your booking(s) are only confirmed when the relevant supplier(s) sends you confirmation(s) of your booking(s). In the event that, in the short time between taking payment from you and us making the booking(s) that you wish to make with the relevant travel suppliers, any requested travel arrangement is no longer available, we will provide you with a full refund for the particular arrangement that is not available. Any other booking(s) will not be affected and you will still be committed to any other travel arrangement(s) booked at the same time.
4. AMENDMENTS & CANCELLATIONS
Any amendment or cancellation request(s) for any travel arrangement(s) must be sent directly to the relevant travel supplier(s). There may be amendment and/or cancellation fees that apply in accordance with the relevant supplier(s) booking conditions.
5. RESPONSIBILITY FOR YOUR BOOKING(S)
For parties of two or more people, the lead name accepts responsibility for making all payments due in accordance with these Terms of Business for all members of the party. The lead name should be at least 18 when the booking(s) are made. All confirmation(s) and other information will be sent to that person who will in turn be responsible for ensuring that the other members of the party are kept fully informed.
6. SPECIAL REQUESTS
If you have any special requests that are important to your booking(s) we suggest that you speak with the supplier(s) of the travel arrangement(s) before you make any booking(s). We cannot guarantee that any special requests can be met by any supplier(s).
7. MEDICAL PROBLEMS/DISABILITIES
You must advise the relevant supplier(s) of any travel arrangement(s) before you make any booking(s) if you or any members of your party have an existing medical problem or disability which may affect your use of the travel arrangement(s) you wish to purchase. This should be done in accordance with the relevant supplier(s) booking conditions. Please check the relevant supplier’s booking conditions for further information. We do not accept any liability for any cancelled and/or amended booking(s) or otherwise as a result of you not disclosing any medical problems or disabilities to the relevant supplier(s) before a booking(s) is made.
Many suppliers require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions). Failure to disclose relevant information will affect your insurance.
9. DELIVERY OF DOCUMENTS
All documents relating to your booking(s) sent from or through us to you will be sent by email. Where any supplier(s) sends you documents directly, these may be sent to you by other means or in any case in accordance with the relevant supplier(s) booking conditions. If tickets or other documents need to be reissued all costs must be paid by you.
10. PASSPORTS, VISAS & HEALTH
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your doctor for your specific circumstances.
11. FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
12. ALTERATIONS BY YOUR TRAVEL SUPPLIER(S)
Flights We will contact you regarding any alterations to your booked flights in accordance with our flight booking conditions.
Travel Arrangements (other than flights) If any supplier(s) needs to alter your booking(s) for your travel arrangements (other than flights), the supplier(s) will advise you of these alterations in accordance with their booking conditions.
Our Liability for Alterations to Bookings We cannot accept any responsibility for any costs or other expenses incurred by you as a result of one or more suppliers altering your booking(s) e.g. if your accommodation booking is altered or cancelled by the accommodation supplier then the flight and/or car hire bookings (if applicable) will remain unchanged and the booking conditions relating to these travel arrangements (including amendment and cancellation charges) will still apply. If your flight booking is altered or cancelled it will be your responsibility to ensure that any other booking(s) you have for any other travel arrangement(s), e.g. accommodation or car hire, is amended and the relevant supplier’s booking conditions (including amendment and cancellations charges) will apply. We cannot accept any responsibility for any costs or other expenses incurred by you as a result of any alterations, or cancellations due to unusual or unforeseeable circumstances beyond our or any of the supplier(s) control. This includes (but is not limited to) fire, flood, exceptional weather conditions, epidemics, destruction or damage of any travel arrangement(s), industrial action, actual or threatened terrorist activity, civil strife and all similar situations.
13. PRICING ERRORS
In the unlikely event of an understated pricing error of any travel arrangement(s) we will notify you as soon as we become aware of this and you may be offered a refund for the travel arrangement(s) concerned or alternatively to pay the additional correct sums necessary to secure your booking(s). Any options provided to you will be in accordance with the relevant supplier’s booking conditions.
As the contract(s) for your travel arrangement(s) is between you and the supplier(s), any queries or concerns relating to the travel arrangement(s) should be addressed to the relevant supplier(s). If you have a problem whilst on holiday, this must be reported to the supplier or their local agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, please write to the relevant supplier involved. Any complaints you have will be dealt with in accordance with the relevant supplier(s) booking conditions.
15. OUR LIABILITY TO YOU
As booking agent for your travel arrangement(s) (other than flights), our responsibilities are limited to making your booking(s) in accordance with your instructions. Your contract for your travel arrangement(s) is directly with the relevant supplier(s) concerned and in accordance with their booking conditions. Your contract for your flight only is with us and subject to our flight booking conditions. In the event that you suffer any damage or personal injury or death your claim is against the relevant supplier(s) and you have no claim against us other than in the event of our negligence. We cannot accept any liability for the travel arrangement(s), for any information concerning the travel arrangement(s) which we pass onto you in good faith, for the performance of your contract by the relevant supplier(s), or for the acts or omissions of the supplier(s) or of any employee(s), or agent(s) of the supplier(s), or any other person or party in any way connected with the travel arrangement(s).
We cannot accept any responsibility for any costs or other expenses incurred by you as a result of any unusual or unforeseeable circumstances beyond our control. This includes (but is not limited to) fire, flood, exceptional weather conditions, epidemics, destruction or damage of any travel arrangement(s), industrial action, actual or threatened terrorist activity, civil strife and all similar situations.
However, in the event that Monarch is found liable to you on any basis whatsoever (for any travel arrangement(s) except for flights), our maximum liability to you is limited to the cost of the travel arrangement(s) in question (or the appropriate proportion of this if not everyone on the booking(s) is affected). We do not exclude or limit any liability for death or personal injury which arises as a result of our or that of any of our employees whilst acting in the course of their employment’s negligence, fraud or fraudulent misrepresentation (or any other liability which cannot be excluded by law).
16. WEBSITE INFORMATION
In relation to the sale of travel arrangements (other than flights) the relevant suppliers provide us with the descriptions and prices we relay to you. Accordingly we have no liability for any inaccuracy in any such descriptions, whether of the services, facilities or prices, and we do not have any liability to you for any fault with these other services (e.g. car hire or accommodation).