Terms & Conditions

Whitecalm Signature Wellness Travel and Retreats Limited

Booking Conditions (for bookings made after 1 July 2018)

The following Booking Conditions together with our privacy policy and any other information or terms we brought to your attention either on our website, over the telephone or in person before we confirmed your booking govern your booking with White Calm Signature Wellness Travel and Retreats Limited , a company registered in England with company no: 11504959 and registered office address of 1 Hedgerows, Hutton, Essex CM13 1QH ( “White Calm”, “we” “us” and “our”). Please read them carefully as they set out our respective rights and obligations.

References to "you" and "your" in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them. References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, flights, transport, and other services we feature on our website. References to “Supplier” means the supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, and airlines. References to “Principal Supplier” means the Supplier with whom your contract is with.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:

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

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);

is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

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

Our obligations to you may vary depending upon which Travel Arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A includes the conditions that apply to any UK based day trip booking “Day Trip” bookings you make with us and when you book a “Package” as defined in the Package Travel & Linked Travel Arrangements Regulations 2018. Section B applies to Package only bookings where we act as the Package Organiser and Section C applies to any Package or Travel Arrangement booking you make with us where we act as Agent for the Principal Supplier.

Section A: Day Trip and Package bookings;

Section B: Package bookings only;

Section C: Agency bookings only.

SECTION A – ALL DAY TRIP AND PACKAGE BOOKINGS

1. Your Contract

When making your booking we will arrange for you to enter into a contract with us for a Day Trip or Package, as specified on your confirmation invoice. Your booking with us is subject to the relevant parts of these Booking Conditions and we advise you to read these carefully prior to booking.

All bookings are subject to availability at the time of booking. We do not guarantee that any of the Day Trips or Packages we advertise will still be available at the time of booking.

By clicking to book and entering your personal and payment details on our website or providing us with the details of the Day Trip or Package you wish to book over the telephone, you are requesting us to book the relevant Day Trip or Package on your behalf. Once you have received your confirmation invoice, you have entered into a legally binding agreement with us to purchase the Day Trip or Package.

Your booking is confirmed and a contract between you and us will exist when we send you a booking confirmation email with a booking reference number.

2. Package Contract

Where your booking is for a Package, 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 Section B of these Booking Conditions.

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

transport (including but not limited to flights, trains and coaches and does not including minor transport services such as a guided tour or a transfer); or
accommodation; or

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

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.

Your contract will be with us and we will accept responsibility for this booking as a Package Organiser unless we are acting as an agent for another Package Organiser as detailed in Section C of these Booking Conditions.

3. Day Trip Contract

Where your booking is for a Day Trip your contract will be with us but we will not act as a “Package Organiser” and you will not receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.

However, if you book an overnight stay at the time of booking your Day Trip at the same location then you will be making a Package Booking and Section B of these Booking Conditions will apply.

We will only be responsible for the provision of any Travel Arrangements, services or activities on a Day Trip Booking that have been arranged by us and as set out in your Confirmation Invoice. Any additional activities, services or Travel Arrangements booked directly with the Supplier or anyone other than us will be between you and the Supplier or other relevant person.

4. Booking

When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. 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 Suppliers of your Day Trip or Package or other persons necessary for the provision of your booking. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. 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 to the relevant Suppliers, whether in the EEA or not, we will be unable to provide your booking. Please click here for full details of our privacy policy.

Group Bookings: If larger groups want to be sure of sufficient availability for any Day Trip or Package, they should call our contact centre. If two parts of the same group book online on two separate bookings and availability expires between the two bookings we regret therefore that we are unable to cancel the first booking without applying cancellation charges (see clauses 10 and 24 (if applicable) below).

5. Payment

In order to book your chosen Day Trip or Package, you must make payment as outlined in this clause 5. You must also pay all applicable insurance premiums and booking fees. We accept the following forms of payment:

Debit cards – no charge Credit cards – no charge Bank Transfer are accepted

You are required to make full payment at the time of your booking unless we notify you that you may pay a non-refundable deposit per person. If you have paid a deposit the balance will be due and must be paid 8 weeks prior to travel. This date will be specified on your Confirmation Invoice.

Except where otherwise advised, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier concerned, with the exception of bookings covered by an ATOL (flight inclusive Packages). Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer

by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.

Should we be unable to collect any outstanding payments from you before the date on which you are due to travel we reserve the right to cancel the booking made on your behalf and you will forfeit all monies paid by you for such booking and charge any relevant cancellation fees as set out in 10 below.

Taxes

The local authorities in certain countries may impose additional taxes (tourist tax, etc), which have to be paid locally (e.g. at the hotel). You are exclusively responsible for paying such additional taxes.

Financial Protection

When you purchase a flight inclusive Package from us as the Package Organiser you will benefit from protection under our ATOL Licence. Our ATOL is held under Whitecalm Signature Wellness Travel and Retreats LTD and Number 11613. See clause 27 for further details.

When you purchase a Package from us as the Package Organiser that does not include a flight you will benefit from financial protection by way of a bond held by an insurance policy with Vantage Insurance Services LTD, 41 Eastcheap, London EC3M 1DT.

If you book a Day Trip your money may not be financially protected unless you have booked an overnight stay and you have created a Package in accordance with clause 2. Please ask us for further information.

6. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct or amend prices and other details in such circumstances. You must check the current price and all other details relating to the Day Trip or Package that you wish to book before you make your booking. Where the Day Trip or Package price has been listed incorrectly and the booking has already been confirmed, we reserve the right to cancel the booking and refund all monies paid to you.

7. Insurance

You must 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, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked. We reserve the right to request proof of insurance at any time prior to travel.

If you choose to travel without adequate insurance cover, we will not be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

8. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You must confirm your requests in writing but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any

other documentation or that it has been passed on to the Supplier is not confirmation that the request will be met.

9. Fitness to Travel and Medical Conditions

We are not a specialist assisted travel holiday company but we will do our utmost to cater for any special assistance requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Day Trip or Package. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Day Trip or Package.

Acting reasonably, if we or the Supplier is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking. If you did not give us full details at the time of booking, we will inform the Supplier once we are aware but if they are unable to accommodate the needs of the person(s) concerned we may be forced to cancel in which case cancellation charges will apply.

10. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing to Whitecalm Administration department. 1 Hedgerows, Hutton, Essex, CM13 1QH. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Most cancellations or amendments are outside of our control since they rely upon the relevant Supplier of the Travel Arrangements being able to meet such requests.

Cancellations

Since we incur costs in cancelling your travel arrangements and subject to clause 24 in case of Packages, you will have to pay us cancellation charges as follows:

Period before departure in Cancellation Charge which you notify us
Prior to 90 days (date not DepositOnly included)

Between 90 and 15 days (date included)
Less than 15 days (date not included)

Changes

50 % of Day Trip/Package Trip 100% of Day Trip/Package Trip

If, after our Confirmation Invoice has been issued, you wish to make any changes to your Day Trip or Packages we will do our utmost to make these changes but it may not always be possible. It is unlikely that any changes will be possible to a Day Trip. You will be asked to pay an administration charge of £25.00 and any further cost we incur in making the change(s). Administration fees are non-refundable in the event you cancel your booking. These costs are likely to increase the closer to the departure date that changes are made.

If you have booked a Package and wish to transfer your place to someone else then clause 23 applies.

Note: Certain Travel Arrangements may not be changeable after a reservation has been made, for example, where discounted non-refundable accommodation or flights have been booked. You will be advised of any non-refundable charges prior to confirming your booking.

Requested Change

Change of dates

Change of title, initial, first name or surname after booking confirmation
Add People to the booking

Remove People from the booking

Amendment Charge

Cancellation of original holiday + cost of new holiday + £25.00 administration fee
Supplier’s charge + £25.00 administration fee per person

Supplier’s charge + £25.00 administration fee per person Supplier’s charge + £25.00 administration fee per person

11. Changes and Cancellations by Us

We will inform you as soon as reasonably possible if we or the Supplier needs to make a significant change to your confirmed Day Trip or Package or to cancel them. We will also liaise between you and, where relevant, the Supplier in relation to any alternative travel arrangements offered. If we are forced to cancel your Day Trip, a full refund will be provided if an alternative cannot be found.

For some of our Day Trips and Packages will require a minimum number of bookings in order for the Day Trip or Package to be able to take place. If this is the case the minimum number required will be provided to you before or at the time of booking along with the time limit for us to tell you if the Day Trip or Package has to be cancelled. In the event of us having to cancel due to insufficient numbers we shall provide you with a full refund (including any deposit paid) of the booking.

Where you have booked a Package, additional terms and conditions apply to your booking, please see clause 25 for further details.

12. Complaints

If you have any queries, concerns or complaints about your Day Trip or Package you must inform us and the Supplier without undue delay in order that we may address the issue as soon as possible. If you fail to follow this procedure there will be less opportunity for us and the Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If the query, concern or complaint is not resolved locally, please write to us at Whitecalm Complaint Department, 1 Hedgerows, Hutton, Essex CM13 1QH within 28 days of your return home detailing the issue.

Important: claims/complaints about injuries or illness

In the unfortunate event that you suffer an injury or an illness while you are away, and you believe this is the fault of one of the Suppliers, it is very important that you notify us and the Supplier whilst you are there.

Suppliers will often not accept claims for illness or injury unless the issue is reported to them at the time.

You may also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with

us; it will not determine how your complaint should be resolved. This service may not be available should the United Kingdom leave the European Union.

13. Our Responsibility for your Booking

Day Trip Bookings

For Day Trip Bookings, we have a duty to select the relevant Suppliers with reasonable skill and care. We have no liability to you for the actual provision of the Day Trip, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the relevant Suppliers with reasonable care and skill, we will have no liability to you for anything that happens on the Day Trip or any acts or omissions of the Suppliers or others. We also have no liability in the following situations:

where the Day Trip cannot be provided as booked due to circumstances beyond our control

where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.

where you incur any loss or damage that relates to any business activity.

where any loss or damage relates to any Travel Arrangements, activities or services which do not form part of our contract with you.

If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your Day Trip. This limit does not apply to cases involving death or injury.

Package Bookings

For Package Bookings we will accept responsibility for that Package as a Package Organiser and additional terms and condition apply in clause 26.

14. Force Majeure

Day Trip Bookings

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our Supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the Supplier(s) concerned’s control.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. This is something we will continue to monitor and will advise you as soon as possible if we become aware of any confirmed bookings that will be affected.

However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

For Package Bookings

For Package Bookings please see clauses 24 and 26 in Section B of these booking conditions.

15. Visa, Passport and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit

https://www.gov.uk/travelaware

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities. Please refer to National Travel Health Network and Centre website for any assistance with destination specific health information https://nathnac.net/.

16. Day Trip and Package Ratings and Standards

All ratings are as provided by the relevant Supplier or are our own ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your Travel Arrangements included within your Day Trip or Package. Standards and ratings may vary between countries, as well as between Suppliers. We cannot guarantee the accuracy of any ratings given.

17. Documentation & Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Suppliers in question are intended to present a general idea of the services provided by the Suppliers. Not all details of the relevant Day Trips or Packages can be included on our website. All Day Trips or Packages shown are subject to availability. If you require any further details, please contact us.

18. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 14). For more information please refer to https://www.gov.uk/foreign-travel-advice.

19. Your Behaviour

You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

20. Flights

Flight times and tickets

Flight times shown are provisional and may be subject to change, as per the booking conditions. You should ensure that you have your flight reference number which will be required for check-in. The flight reference and check-in procedures are included in the booking confirmation email we send to you. Some flight providers will require this check-in procedure to be carried out online. Failure to check-in online will result in check-in fees at the airport which you will be liable to pay for.

Data

The flight information advertised comes from all the major airlines. The data is regularly updated. Seat availability and pricing is at the operator's discretion and is subject to availability. Please be aware that prices can fluctuate.

Luggage and other flight extras

All airlines have a standard hand luggage allowance which is included in our online prices. Allowances differ significantly from airline to airline. The allowance you are entitled to will be shown in the booking conditions of your airline which are displayed at the bottom of your documentation. Where you require additional luggage allowance this can be added to the booking prior to checkout and paid for.

Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline that does make a charge for luggage it is not included or displayed in our head line prices and the option to add this extra facility will be offered to you at the time of booking. The luggage allowance

will be dictated by the airline in question and can again vary. For further information please refer to the airline booking conditions.

Our prices do not generally include in-flight meals.

Please note where flight extras (such as bags and meals) are added at or after the time of booking they cannot be removed, cancelled or refunded.

Please note, generally airlines have a policy that bookings are non-refundable. You will be advised of any non-refundable charges prior to confirming your booking.

21. Accommodation Booking Procedure

Unless otherwise requested at the time of booking, standard internationally accepted practice dictates that your accommodation will be booked from the day that you depart the UK for the required duration. The dates and times of your accommodation booking will be included on your accommodation voucher (please check this carefully). After registration, on arrival at your accommodation, you will be allocated a room. When travelling on flights departing the UK after midnight, your room will be reserved from the previous day.

22. Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

SECTION B: PACKAGE BOOKINGS

This section only applies to Packages (please see clause 2 for further information) and should be read in conjunction with Section A of these Booking Conditions.

23. Transferring Your Package Booking

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

that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Package;

we are notified not less than 7 days before departure;

you pay any outstanding balance payment, an administration fee of £25 per person transferring as well as any additional fees, charges or other costs arising from the transfer; and

the transferee agrees to these Booking Conditions, and all other requirements applicable to the Travel Arrangements making up the Package.

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 will apply in accordance with clause 10. Otherwise, no refunds will be given for passengers not travelling or for unused services.

24. If You Cancel your Package due to Unavoidable & Extraordinary Circumstances

If you have booked a Package, 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 holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport 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 compensation. We will observe advice provided by the UK Foreign and Commonwealth Office.

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.

25. If We Change or Cancel your Package

Where you have booked a Package and we make a significant change to or cancel the Travel Arrangements which form your Package, the provisions of this clause 25 will apply.

We can change your holiday price after you’ve booked, only in certain circumstances:

1. Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or relevant exchange rates mean that the price of your travel arrangements may change after you have booked. If this is the case we shall write to you and advise you of such. However, there will be no change within 20 days of your departure.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another Package if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within the time period shown on your final invoice.

Should the price of your holiday go down by 2% or more due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.

2. Changes to services. If we make an insignificant change to your Package, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers or minor changes to services available at the accommodation. Please note that carriers such as airlines may be subject to change.

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

• •

• •

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

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

A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.

A change of UK departure airport except between:

The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

The South Coast airports: Southampton, Bournemouth and Exeter

The South Western airports: Cardiff and Bristol

The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

The Northern airports: Liverpool, Manchester and Leeds Bradford

The North Eastern airports: Newcastle and Teesside

The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

If we have to make a significant change or cancel your Travel Arrangements, 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:

(for significant changes) accepting the changed Travel Arrangements; or

having a refund of all monies paid; or

accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or

iv. if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative travel arrangements.

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 accept the change or alternative travel arrangements.

26. Our Responsibilities in Respect of Packages

Where you have booked a Package and we are acting as a Package Organiser, we will accept responsibility for the Travel Arrangements making up your Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below.

It is our duty where we are acting as the Package Organiser to ensure that you have been provided with all details set out here https://www.legislation.gov.uk/uksi/2018/634/schedule/1/made before the booking is made. If you have not been given sufficient information please let us know immediately.

You should also be provided with all the following information as set out here https://www.legislation.gov.uk/uksi/2018/634/schedule/5/made which will be provided in the package travel contract. If you have not been given sufficient information please let us know immediately.

More information on key rights under the Package Travel and Linked Arrangements Regulations 2018 can be found here https://www.legislation.gov.uk/ukdsi/2018/9780111168479/schedule/2 .

As Package Organiser, we are responsible for the proper provision of all the Travel Arrangements included in your Package, as set out on your confirmation invoice. Subject to these Booking Conditions, if we or the Supplier negligently perform or arrange those Travel Arrangements 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. The level of such 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 the Supplier’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Suppliers have been negligent if you wish to make a claim against us.

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:

the act(s) and/or omission(s) of the person(s) affected; or

the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package and which were unavoidable and extraordinary; or

Unavoidable or Extraordinary Circumstances (as defined in clause 24).

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

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.

Claims not falling under (a) above and which don’t involve injury, illness or deathThe 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.

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

The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions 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 Package booking 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 Package booking.

In any circumstances in which a carrier is liable to you by virtue of the EC 261/2004 (in respect of denied boarding, delays or cancellations), any liability we may have to you arising out of your Package booking, 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.

When making any payment, we are entitled to deduct any money which you

have received or are entitled to receive from the transport or accommodation provider for the complaint or claim in question.

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

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves 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.

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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; or (b) relate to any business.

We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / 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.

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 three night accommodation limit 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.

27. Insolvency Protection for Package Payments

1. We provide financial protection Packages which include flights, by way of our Air Travel Organiser’s Licence number 11613, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk.

Your Financial Protection. When you buy an ATOL protected flight or flight inclusive package 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. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.

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 (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.

2. We provide financial security for Packages that do not include flights by way of our bond with Travel Vault http://www.thetravelvault.co.uk/

28. Prompt Assistance for Packages

If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such 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/Principal, 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 your or your party’s negligence.

SECTION C – APPLICABLE TO ALL AGENCY BOOKINGS

This section only applies where you have booked a Package or other Travel Arrangement(s) with a third party Supplier acting as Principal and where we are acting as Agent. Sections A and B do NOT apply to these bookings. Your contract will be with the Principal Supplier and their booking conditions will also apply.

29. Contract

These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the Principal Supplier(s) (e.g. tour operator/airline/cruise company/accommodation company) named on your Confirmation Invoice(s). We can book you a package holiday with one company or we can book a Travel Arrangement, activity or service with a different Principal Supplier in which case you will have separate contract with them as the Principal. As agent we accept no responsibility for the acts or omissions of the Principal Suppliers or for the Packages, Travel Arrangements or services provided by them. The Principal Supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

All Travel Arrangements which we provide or 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 Principal Suppliers of the arrangements. We are free to accept that offer on behalf of those Principal Suppliers or to reject it.

30. Booking Details

For Package bookings, you will be given the details of the Package Organiser prior to your booking. It is the Package Organiser’s duty to ensure that you have been provided with all details set out here https://www.legislation.gov.uk/ukdsi/2018/9780111168479/schedule/1 before the booking is made. If you have not been given sufficient information please let us know and we can liaise with the Package Organiser on your behalf, should you wish us to do so.

For non Package bookings, you will advise you of the Principal Supplier’s details prior to your booking.

When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the Principal Supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. 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 Principal Suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. 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 to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. Full details of our privacy policy are available upon request.

31. Payments

You will be required to pay a deposit or make full payment for your booking at the time of booking in accordance with the Principal Supplier’s booking conditions. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Principal Supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.

Debit cards – no charge

Credit cards – no charge

Bank Transfer are accepted

If you have paid a deposit the date by which you must pay the balance will be specified on your Confirmation Invoice.

Any payment received by us as Agent for Flight inclusive Packages owed by the Principal ATOL holder to you, is received and held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust but subject to our rights and obligations to make payment to the principal ATOL holder for so long as the principal ATOL holder does not fail. If the principal ATOL holder fails, we confirm we will continue to hold your payments on behalf of the Trustees of the Air Travel Trust and without any right or obligation to pay the same to the principal ATOL holder.

32. Financial Protection

All the Package holidays we sell, come with protection for your money. If you buy a single Travel Arrangement then this might not apply. Package holidays are protected by the package organiser and we will provide you with their confirmation. When you buy an ATOL protected flight or flight inclusive holiday 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.

If, after selecting and paying for one Travel Arrangement, you book additional Travel Arrangements for your trip or holiday via us, you will NOT benefit from rights applying to Packages under the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, we will not be responsible for the proper performance of the individual Travel Arrangements or services. In case of problems please contact the relevant Principal Supplier.

A copy of the Package Travel and Linked Travel Arrangements Regulations 2018 can be found at http://www.legislation.gov.uk/uksi/2018/634/contents/made]
33. Accuracy

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, we are reliant upon information the Principal Suppliers’ provide to us and occasionally changes and errors occur. We reserve the right to correct or amend prices and other details in such circumstances. You must check the current price and all other details relating to the Package or Travel Arrangements that you wish to book before you make your booking. Where the Package or Travel Arrangement price has been listed incorrectly and the booking has already been confirmed, we reserve the right to cancel the booking and refund all monies paid to you.

34. Insurance

Many Principal 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, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked. 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. We can also offer you insurance against the financial failure of the Principal Suppliers(s) of your travel arrangements. This is highly recommended where you would not otherwise be protected eg when you buy a no-frills flight.

If you choose to travel without adequate insurance cover, we will not be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

35. Fitness to Travel and Medical Conditions

If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to obtain advice from the Principal Supplier as to the suitability of your chosen Package or Travel Arrangements. The Principal Supplier may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen Package or Travel Arrangement.

Acting reasonably, if the Principal Supplier is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Principal Supplier’s behalf. If you did not give us full details at the time of booking, we will inform the Principal Supplier once we are aware but if they are unable to accommodate the needs of the person(s) concerned they may cancel and impose cancellation charges.

36. Cancellation and Amendment

Any cancellation or amendment request must be sent to us in writing to Whitecalm Admin Department, 1 Hedgerows, Hutton, Essex, CM13 1QH. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, most cancellations or amendments are outside of our control. We cannot guarantee that the Principal Supplier will meet such requests. The Principal Supplier will charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Package or Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £25.00 per person or alteration as applicable. We will notify you of the exact charges at the time of amendment or cancellation.

Please note:

- Some Travel Arrangements may not be changeable after a booking has been made, for example, where discounted non-refundable accommodation or flights have been booked. You will be advised of any non refundable charges prior to confirming your booking.

- Administration fees are non-refundable in the event you cancel your booking. 37. Changes and Cancellations by the Principal Supplier

We will inform you as soon as reasonably possible if the Principal Supplier needs to make a significant change to your confirmed Package or Travel Arrangements or to cancel them. We will also liaise between you and the Principal Supplier in relation to any alternative travel arrangements offered by the Principal Supplier but we will have no further liability to you.

38. Responsibility for your Booking

As an agent our responsibility to you is to use reasonable skill and care in placing your booking with the Principal Supplier.

If you have made a Package or other Travel Arrangement booking the primary responsibility for the provision of the Package or the Travel Arrangement is with the Principal Supplier as set out in your Confirmation Invoice, and where relevant, your ATOL Certificate.

All information duties relating to Packages and required under the Package Travel & Linked Travel Arrangements Regulations 2018 apply to the Package Organiser.

39. Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our Supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, 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 or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the Principal Supplier’s concerned’s control.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. This is something we will continue to monitor and will advise you as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

40. Visa, Passport and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For

further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

41. Travel Arrangement Ratings and Standards

All ratings are as provided by the relevant Principal Supplier or are our own ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your Travel Arrangement. Standards and ratings may vary between countries, as well as between Suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the Package or Travel Arrangement and include this within the description of the Package or Travel Arrangement on our website.

42. Documentation & Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the Principal Supplier in question are intended to present a general idea of the services provided by the Principal Suppliers. Not all details of the relevant Packages ad Travel Arrangements can be included on our website. All Packages and Travel Arrangements shown are subject to availability. If you require any further details, in respect of any Packages, Travel Arrangements or any other services please contact us.

43. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 14). For more information please refer to https://www.gov.uk/foreign-travel-advice.

44. Your Behaviour

You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Principal Supplier’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Principal Supplier reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be

jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Principal Supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

45. Complaints

As the contract for your Package or Travel Arrangement(s) is between you and the Principal Supplier, any queries, concerns or complaints about your Package or Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Package or Travel Arrangement whilst using them, this must be reported to the Principal Supplier immediately. If you fail to follow this procedure there will be less opportunity for the Principal Supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

Important: claims/complaints about injuries or illness

In the unfortunate event that you suffer an injury or an illness while you are away, and you believe this is the fault of the Principal Supplier, it is very important that you notify the Principal Supplier whilst you are on holiday.

Accommodation providers will often not accept claims for illness or injury unless the issue is reported to them at the time.

If you remain unsatisfied you can inform us in writing to Whitecalm Admin Department, 1 Hedgerows, Hutton, Essex, CM13 1QH. immediately on return to the UK and in any event within 28 days of your return whereby we will endeavour to assist in our capacity as an agent by liaising with the Principal Supplier on your behalf.

You may also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. This service may not be available should the United Kingdom leave the European Union.

46. Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).