Terms & Conditions

Blue Sea Holidays Website & Call Centre Terms & Conditions

Blue Sea Holidays is an Accredited Body Member of Broadway Travel Service Ltd (ATOL Number 3634). All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

The following Booking Conditions together with our privacy policy and, where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking govern your booking with Broadway Travel Service (Wimbledon) Ltd, a company registered in England with company no: 472065 trading as Blue Sea Holidays and registered office address of Floor 5, Jansel House, 648 Hitchin Road, Luton, LU2 7XH (“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, activities, excursions and other services we feature on our website. References to “Supplier/Principal” means the third party supplier of the Travel Arrangements including but not limited to accommodation providers, transfer providers, car hire companies, airlines, third-party package organisers, tour operators and attraction providers.

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 and passport information);
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.
Please Note: We act only as an agent in respect of all bookings we take and/or make on your behalf however, our obligations to you in relation to your booking depend on what you book with us. On our website, you can book multiple Travel Arrangements which create a Multi-Contract Package organised by Blue Sea Holidays, a third party package (organised by a third party Supplier/Principal) or a single component accommodation-only booking. Our obligations in relation to each booking as are as follows: 

BlueSea Holidays Multi-Contract Package
When you make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we, Blue Sea Holidays, will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018. Please see sections A, B and C for the terms and conditions which apply to your booking. 

Third Party Packages
We also sell package holidays organised by other tour operators (the “Supplier/Principal”) and do so as their agent. In this case, the package holiday consisting of flights (or other transport arrangements), accommodation or car hire and any other tourist services accounting for a significant proportion of the holiday, will have been pre-arranged by the Supplier/Principal and will be available to book through us. Your contract will be with the third party Supplier/Principal organising the package (not with Blue Sea Holidays) and your payments will be covered by financial protection organised by that Supplier/Principal in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018. Blue Sea Holidays is only acting as an agent on behalf of the Supplier/Principal in these circumstances. Please see sections A and C for the terms and conditions that apply to your booking.

Single Component Accommodation-Only Bookings
You can also book accommodation with us as a single component booking. This will not be a package holiday and as such does not have any of the rights or protections afforded to package holidays under the Package Travel and Linked Travel Arrangements Regulations 2018. For single component bookings, we will always act as an agent on behalf of the Supplier/Principal of the accommodation. Please see Sections A and C for the terms and conditions which apply to your booking. 

As a result of the above, 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:

 

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

 

(B)   Section B sets out the additional terms and conditions that will apply when you make a booking with us for a Multi-Contract Package;

 

(C)   Section C includes links to the Terms & Conditions of the Supplier/Principals.

SECTION A: APPLICABLE TO ALL BOOKINGS

1. Your Contract

When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you. We advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Please see Section C for the Supplier/Principal’s Terms and Conditions.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.

As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 44 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Conditions.

1A. COVID-19

We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19. In the light of these risks, it is a condition of making your booking through us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect your booking. 

You acknowledge that laws, regulations and the Service Providers providing your holiday (such as airlines, hoteliers, transfer providers and other service providers) may require you and employees of your Service Providers to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be other limitations implemented, which may include (without limitation) limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. buffet and self-service restaurants may be replaced by a-la-carte, spas and pools, kids clubs and entertainment may be closed), changes to the way the accommodation is set out or how its services are run, requirements to pre-book facilities and services, deployment of sanitisation measures and other hygiene requirements. 

You also acknowledge that certain Service Providers, ports, airports, border control or other third parties may require you and members of your party to undertake certain health formalities (including, without limitation, obtaining COVID-19 PCR tests which satisfy their set criteria and completing requisite travel passes or forms in the prescribed format) or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place or utilising certain services you may have booked. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and ensure you and all members of your party comply with and satisfy these requirements in full. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters. 

You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return and that such requirements are subject to change, and may be imposed on short notice. 

We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing. In the UK, the Foreign and Commonwealth Office’s latest advice for travel to other countries is available here. 

You agree to notify us immediately if you test positive for COVID-19 at any time after you make your booking with us, if you consider that you may have COVID-19 symptoms or if you become aware that you may have come into close contact with someone who has tested positive for COVID-19 or who may have COVID-19 symptoms. We may share this information with the relevant Service Providers for your booking (or any other organisations, in line with any legal requirements) in accordance with the terms of our privacy policy. 

If you notify us before travelling, and we (or the relevant Service Providers) conclude that you are no longer able to travel because of the COVID-19 risk, then your booking will be treated as having been cancelled by you and our standard cancellation charges and the Service Providers’ standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your booking to a later date, which may incur further charges and is subject to your Service Providers’ terms and conditions. It might also be possible for you to transfer your booking to another person, subject to the terms of transfer set out in these Terms and Conditions and in your Service Providers’ terms and conditions.

 

If you notify us during travel, you acknowledge that we or your Service Providers (or local laws and regulations or health and safety bodies) may require you to follow certain measures designed to manage the risk of COVID-19 and your Service Providers may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your holiday, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same. 

We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe on holiday. You are making your booking in full knowledge that such measures are likely to be a part of your holiday and do not amount to minor or significant changes to your booking, nor do they amount to any Failure (as defined in paragraph 12).

We shall have no liability to you or any member of your party for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you or any member of your party are unable to travel or make use of all or part of your booking because of these matters. These are risks which you must protect against through obtaining comprehensive travel insurance. 

You further acknowledge as a result of the impact of COVID-19 on the travel industry, many hotels are closing on short notice or making changes to their facilities as set out in this paragraph in order to ensure the safety of employees and travellers. Where a hotel closure affects your booking, in accordance with Paragraph 15 we will arrange alternative accommodation for you to enable your holiday to continue which will meet the criteria for a minor change.

 

2. Booking

When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment. Once you have reviewed and confirmed these details and made payment, we will proceed to make the booking with the Supplier/Principal.

Please check that all names, dates, timings, accommodation details 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 Supplier/Principal 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 and passport details. 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 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 to the relevant Supplier/Principals, whether in the EEA or not, we will be unable to provide your booking. Please click here for full details of our Privacy Policy (clause 41).

3. Payment

In order to book your chosen Travel Arrangements you will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a low or full deposit you must pay the full deposit or final balance by the balance due date notified to you. The low deposit payments will usually be by instalments that will be cleared from your bank account on the same date each month leading up to the final balance due date. Each instalment will incur an administration fee of four pounds (£4) per transaction. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the relevant cancellation fees set out in their Terms and Conditions and you will also be required to pay an administration charge to us of £40 per person.  

If a balance extension is required and granted, a standard £15 charge will be applied to your booking. If your departure date is within 14 days of your booking date and you pay via debit/credit card the cardholder must be part of the travelling party. Where you have booked a package, you will be subject to our cancellation charges. 

Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal concerned, with the exception of bookings covered by an ATOL. 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. 

 

4. Flights

When searching for and booking a flight, we will act as your booking agent on criteria specified by you. In relation to such bookings, you appoint us to source those flights on your behalf and you are our principal. We will arrange for you to enter into a contract directly with the airline concerned, and with us, on these terms. In the case of some airlines, we will use the payment information provided by you to book the flight seats you require on your behalf and you agree that we can use the payment details you provide to do so. Where this is the case, you will see two separate transactions on your card statement: one will be for the cost of your flights with the applicable airline and the remainder will be your payment to Blue Sea Holidays in respect of your booking. You will be subject to the airline's terms and conditions which you must refer to on the relevant airline's website. You are advised to read these carefully prior to requesting us to book your flight. By making a booking for which we are acting as your agent, you specifically agree to the terms of this clause. Except where the flight forms part of a Package, we accept no liability in relation to any contract you enter into with the airline, or their acts or omissions, or for the flight service itself. 

The airline may provide a booking confirmation directly to you by e-mail and in such cases we will be unable to access or alter your booking. As such, any amendments to your booking must be made by you, directly with them, except where we state to the contrary in these Terms and Conditions. We will issue a confirmation invoice that details our charges for the use of this booking service (if any). 

Where applicable, monies paid to us for such flight services are held by us on your behalf until they are paid to the airline in question. Please note that payment by you to us does not constitute payment to the airline until we make that payment on your behalf, but if we collect monies from the airline on your behalf, their liability to pay that money to you is discharged. 

Charter flights: When you book your charter flight through us, we act as agent for the charter flight provider who holds an ATOL. The contract will be between you and the charter flight provider based upon their terms and conditions; a copy of which will be available to you prior to booking and is available on request. 

IATA flights: We are appointed by some airlines as their agent through our accreditation with the International Air Transport Association (“IATA”). Where you book these flights through our platform, we will be acting as an agent for the relevant airline. 

Operating Carrier Information: In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a 'Community list' which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. In accordance with EU Regulations we are required to advise you of the operating carrier(s) (or, if the operating carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will inform you of the identity of the operating carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. Any change in the identity of the airline, flight timings and/or aircraft type will not entitle you to cancel or change to other flight arrangements without paying charges, except where specified.

Flight times can change for a number of different reasons. You should always look to reconfirm your flights 48 hours prior departure to ensure that no changes to your flight schedule has occurred.

5. Errors & Omissions

We take reasonable steps to ensure that any information, photographs, or any other details about Travel Arrangements featured on the website, described over the telephone or featured in any of our marketing publications is accurate. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this site, regrettably errors do occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid. You will be advised of the mistake at the earliest opportunity and you will then have the option either to pay the correct price for the travel arrangements or to cancel and receive a full refund of any monies you may already have paid. We make no warranties or promises as to the availability or suitability of any Travel Arrangements advertised. We reserve the right to change or vary the price, flight, accommodation, or any other arrangements featured on our website, discussed with you over the telephone or printed in any of our publications at any time without notice. You agree that it is your responsibility to ensure that all the details of your chosen accommodation are confirmed with us at the time of booking.

We take all practical steps possible to ensure that the details displayed on the website are accurate and up-to-date, but we do rely upon the information given to us by the Service Provider(s) and are intended to present a general idea of the services and facilities being offered. Sometimes – and particularly at the beginning and end of the season – certain facilities may be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests or low occupancy. Some advertised activities or facilities, for example water-sports, may not be available all year round. There may be local charges for some facilities, for example, TVs, safety deposit boxes, sun-loungers, parasols, spa access, tennis courts, pool tables and air-conditioning. Unless specifically confirmed in your room type or board basis, you must assume some, if not all facilities will be payable locally. If your Service Providers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will endeavour to pass this information to you. 

Please also note that the online content provided by our Service Providers may not include the latest safety precautions in place to manage the risks of COVID-19. Please refer to paragraph 1A above for more information as to what you should expect in this regard. 

Transfer times quoted by the Service Provider for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen destination may be longer. It is your responsibility to notify the transfer Service Provider of any delays in other travel arrangements, such as flights, and the transfer provider reserves the right to alter or cancel the service as per their terms and conditions in these circumstances. 

If you have booked a shuttle transfer, please note that these run to a set timetable and set route that may not always be immediately at your accommodation. If you are not present to board your shuttle at the scheduled place/time (due to a flight delay, schedule change or passport checks for example), the shuttle will not be able to wait for you. Your Service Provider may arrange for you to be transported on the next available shuttle (at their sole discretion). Where this is not possible or the last shuttle has already departed, you must make your own transfer arrangements at your own cost. You will not be entitled to a refund if you miss your scheduled shuttle transfer for whatever reason.

 

8. Prices

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Travel Arrangements at the time of booking. Where you have booked a Multi-Contract Package, additional terms and conditions apply, please see clause 44 for further information.

9. Additional Charges

Please note that all additional charges are included in the total cost. Additional charges include airport taxes, fuel supplement, security fee and where applicable (when your flight is with a low-cost airline) a card booking fee.

10. City Taxes

Please note that city taxes are likely to be payable in most tourist cities. These are not included in our quoted prices. If you have booked online or have a question regarding city taxes, please contact us on 020 7186 7777 (option 2).

11. Insurance

Many Supplier/Principals require you to take out travel insurance as a condition of booking with them and where you have booked a Multi-Contract Package, it is a condition of booking with us that you take out suitable travel insurance. Your travel insurance must 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 you choose to travel without adequate insurance cover, neither the Supplier/Principal nor we will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

12. 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 should then confirm your requests in writing. We will pass your request on to the Supplier/Principal, 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/Principal is not confirmation that the request will be met.

13. Fitness to Travel and Medical Conditions

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special 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 Travel Arrangements.  We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

14. Changes and Cancellations by You

You may cancel your booking at any time prior to departure upon payment of a termination fee as set out in this paragraph.

In the event that you do cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph (e.g. because you have chosen a low deposit option), you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time.

Any cancellation will incur a cancellation processing fee of £75 per Package booking and £25 for hotel-only bookings plus any charges from the Service Provider(s) as follows:

Flight: 100% of the value of the flights is non-refundable from the point of booking (including baggage, insurance, etc.).

Accommodation: Cancellation charge will depend on whether you have booked a refundable or a non-refundable product. Cancellation charges will be specified to you at the time of booking and vary from one Service Provider to another. You should check your Booking Confirmation and any documentation for details of your specific cancellation terms.

Non-Refundable products may have been paid for in full at the time of booking and no refunds are given in the event of cancellation as per section 8 above.

Transfers: 100% of the value of the transfers is non-refundable from the point of booking.

All requests to cancel must be submitted in writing to admin@blueseaholidays.co.uk 

If, upon cancellation, you would like to claim back the tax on your flight, please note that: 

If your flight booking was made with a low cost or self-service airline (e.g. easyJet, Norwegian, TUI, etc.), you will need to contact the airline directly to request the refund. We will refund any such amounts received by us from the airline following its receipt.

If your flight booking was made with one of the scheduled airlines (e.g. British Airways, Virgin Atlantic, KLM etc.), or if we booked the flight for you through the IATA booking system, we can request a refund of the flight tax on your behalf. Please contact us to arrange this for you.

In relation to Package bookings only, in addition to the cancellation rights set out above, you shall have the right to cancel your booking before the start of the Package without paying any cancellation charge in the event of unavoidable and extraordinary circumstances (which is described in paragraph 14 below) (“ Unavoidable and Extraordinary Circumstances”) occurring at the place of destination or its immediate vicinity and we have confirmed to you that they will significantly affect the performance of the Package, or they significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in paragraph 13 below. 

Please visit the Foreign, Commonwealth & Development Office’s (“FCDO”) website to review the latest travel advice about your holiday destination: www.gov.uk/foreign-travel-advice. Please note that when determining whether or not the cancellation rights described in the paragraph above have arisen, we consider the FCDO’s advice. However, this is not the only factor we take into account in determining whether these cancellation rights have arisen. Ultimately, the existence of these cancellation rights will depend on the particular circumstances which exist in your holiday destination. It may be that the relevant circumstances do not significantly affect the Service Providers’ ability to perform the Travel Services which form part of your Package. It may also be the case that we or our Service Providers may be able to make arrangements which address the issues identified by the FCDO. In such circumstances, you will not have the right to cancel your Package in accordance with the paragraph above. 

IMPORTANT NOTICE ON FCDO ADVICE AGAINST ALL OR ALL BUT ESSENTIAL TRAVEL AS A RESULT OF THE COVID-19 PANDEMIC. 

At present, the FCDO is currently advising UK travellers against all but essential travel to a number of destinations as a result of the COVID-19 pandemic (the “FCDO Advice”). The FCDO Advice is updated on a regular basis and often at very short notice. It is therefore possible that by the time you depart for your holiday, the FCDO will advise against non-essential travel to your destination. You may also be required to quarantine or self-isolate upon your return to the UK. 

Please note that if, at the time of your departure, the FCDO Advice applies to your holiday destination but your Service Providers are still able to provide the Travel Services in the Package (i.e. the Service Providers have not cancelled the relevant Travel Services), and the performance of your Package is not significantly affected, your usual cancellation rights in the event of Unavoidable and Extraordinary Circumstances (as described above) will not apply. Our usual cancellation charges will apply in these circumstances (as described above). 

However, we may disapply these cancellation charges if, at the time you made your booking, the FCDO Advice did not apply to your holiday destination but it was then changed or updated so that by your departure date the FCDO Advice did apply. In such cases, we may provide you with a refund for the hotel and transfer services which form part of your Package. We will only be able to issue you with a refund for the flight element of your Package if this is in line with your airline’s cancellation policy. If the airline’s cancellation policy includes a full or partial cash refund, we will issue this to you as soon as we receive it from the airline. However, if the airline’s refund policy states that your flight is non-refundable, we will not be able to issue you with a refund for your flight. 

In relation to cancellations made as a result of global travel disruption arising from the COVID-19 outbreak, we may offer you alternatives to a cash refund, such as a refund credit note or voucher, which will allow you to travel at another date. If we offer such options, they shall be offered in addition to your rights set out above. We will let you know if you have these additional options when we inform you about your cancellation arrangements. 

15. Changes and Cancellations by the Supplier/Principal

We and the Service Providers reserve the right to make changes to your Travel Services at any time. Most changes are minor changes and we and the Service Providers will endeavour to pass on to you information regarding any minor changes before you depart. Other than providing such notification, we shall have no further liability to you in relation to minor changes. 

A minor change made prior to your departure could, for example, include (but is not limited to) the alteration of your outward or return flight by less than 12 hours, changes to carriers such as airlines, changes to aircraft or vehicle type, change of your accommodation to another of the same or better standard with the same main features and in the same resort destination, or changes to services available at your accommodation (including those envisaged in paragraph 1A in relation to COVID-19). 

Occasionally, we may have to notify you of a significant change that we or the Service Providers are constrained to make to the main characteristics of the booking. 

Significant changes made prior to your departure could include (but are not limited to) a change of accommodation to a different tourist area for the whole or a significant part of your time on holiday, a change of accommodation to that of a lower standard/star rating for the whole or a significant part of the time you are on holiday, a change of your outward flight departure time (or the commencement of your other Travel Services) by more than 12 hours, or a change of UK departure airport, except between: 

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

- South Coast airports: Southampton, Bournemouth and Exeter

- South Western airports: Cardiff and Bristol

- Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

- Northern airports: Liverpool, Manchester, Doncaster Sheffield and Leeds Bradford

- North Eastern airports: Newcastle and Teesside

- Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.

We will inform you as soon as reasonably practicable if we or the Service Provider needs to make a significant change to your confirmed Travel Service, or to cancel them entirely. As most changes will be made by the Service Providers, we will not be liable to you for such changes or to pay any refunds, compensation or other claims. Your rights will be set out in your contract with the Service Provider. However, we will also liaise between you and the Service Provider in relation to any alternative arrangements offered by the Service Provider and/or refunds or compensation offered. 

In relation to Package bookings only, in the unlikely event that we or your Service Providers have to make a significant change to your Package, we will tell you as soon as reasonably possible. You will then have the option to:

accept the proposed change. If this results in a Package of lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below;

reject the proposed change, terminate your Package and take an alternative one if we decide to offer this. If you decide to take an alternative Package, we will inform you of its impact on the price of your booking. If the alternative Package is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below, or

reject the proposed change and terminate your Package with a full refund.

We will give you a reasonable period of time to make your decision, which will depend upon the circumstances giving rise to the change but will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we will send a reminder to you, following which we shall be entitled to take such action as explained to you in our earlier notification. This may include us terminating the Package and providing you with a refund.

On rare occasions, we or the Service Providers may have to cancel your Package and we reserve the right to do so. If we or the Service Providers have to do so, we will notify you as soon as possible. We will also offer you an alternative Package if we are able to do so, and inform you of its impact on the price of your booking. If the alternative Package is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the Package.

In relation to cancellations made as a result of global travel disruption arising from the COVID-19 outbreak: we may offer you alternatives to a cash refund, such as a refund credit note or voucher, which will allow you to travel at another date. If we offer such options, they shall be offered in addition to your rights set out above. We will let you know if you have these additional options when we notify you about the cancellation of your Package

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

Where you have booked a Multi-Contract Package, additional terms and conditions apply to your booking, please see clause 48 for further details.

16. Our Service Charges

In certain circumstances we apply a service charge for the agency service we provide, in addition to any charge levied by the Supplier/Principal, as follows:

SERVICE CHARGES
Cancellation 
Supplier/Principal’s charge + £40 per person

Amendment
Supplier/Principal’s charge + £40 per person

Monthly payment on instalments for low deposit bookings
£3.00

Collection of surcharges/additional taxes 
Supplier/Principal’s charge 

Posting of Documents 
£10.00

Pre-booking airline seats after confirmed booking
Principal’s charge + £5pp 


17. Complaints

Where we are acting as agent (almost always), the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them, but sent via our offices. We will then pass on your complaint and liaise with the relevant supplier on your behalf. We do so on a goodwill basis in our capacity as agent of the supplier.

If you have a problem whilst using any of your travel arrangements, you must inform the relevant supplier, details will be on your voucher, and the hotelier (if applicable) immediately. If they cannot assist you, please call our admin team on 0207 186 7777 or email helpinresort@blueseaholidays.co.uk

Since it is the supplier who is responsible for your booking they will have sole discretion in deciding how to deal with you problem. If you fail to discuss any complaints with either your supplier or us whilst you are away your supplier will have been deprived of the opportunity to investigate and rectify your complaint whilst you were away and this is likely to affect adversely any rights you may have to compensation from your supplier.

If your complaint is not resolved locally, you should write immediately to us upon your return. We will do our best to help you in your discussions with the supplier. In this case you should write to our Customer Services Department at Blue Sea Holidays, PO Box 135, Honiton, EX14 0FD quoting your booking reference and all other relevant information.

Please note that we do not currently have our own representatives and nor have we authorised anyone else to be our representatives in resort. Therefore, it is imperative that if you cannot speak to the Service Provider or their representative at the time, you contact the In-Resort Assistance team above.

In all cases it is imperative that we receive full details of any claim from you within our cut off date of 90 days of your return home, and you must follow up by telephone to ensure that we have received it if you do not receive any form of acknowledgement from us within that timeframe.

ABTA We are a member of ABTA and our membership number is P619X. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, any contract you have with us. The arbitration scheme is administered independently by CEDR Solve. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday.

 

18. Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Please Note: Where you have booked a Multi-Contract Package we will accept responsibility for that Multi-Contract Package as a package organiser and additional terms and condition apply. Please see clause 26 for further information.

 

19. 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 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. Please rest assured that this is something we will continue to monitor and will advise our customers 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. 

20. 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 521 0410 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. 

 

21. 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).  

 

22. Accommodation Ratings and Standards

All ratings are as provided by the relevant Supplier/Principal and may not be the official rating. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

 

23. Documentation & Information

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

 

24. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice regarding 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 19).

 

25. 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/Principal’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 Supplier/Principal 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 Supplier/Principal 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. 

 

26. Your Obligations

Please ensure that ALL documentation is thoroughly read and understood. It is your responsibility to inform us of any discrepancies. Please note some suppliers may charge for amendments and unfortunately in these circumstances, the client will be responsible for any additional charges. Please ensure that you arrive in good time for your departure, we cannot be held responsible for your failure to do so.

 

27. Baggage

Hand baggage is included free of charge. The allowance differs depending on the airline that you are travelling on. We recommend that you check this with your specific airline prior to travel as we cannot be held responsible for any items that exceed the weight/dimension allowance. There is no hold baggage included in your holiday cost unless otherwise stated. If you would like to add baggage to your reservation please contact us on 0207 186 1777.

 

28. Transfers

There are no transfers included in your holiday cost unless otherwise stated. On arrival at your destination you will normally find taxis just outside the terminal building. To avoid getting overcharged it is advisable to agree a cost before you take the journey. If you would like to add Transfers to your reservation please contact us on 0207 186 7777

 

29. Inflight Meals

Please note inflight meals are not included in the price stated unless otherwise advised at the time of booking.

 

30. All Inclusive

Please be advised that all-inclusive starts at 12 noon on your day of arrival and ends at 12 noon on the day of your departure. If you have booked late night flights and you miss any meals on the first day, they will not be offered to you on the day of your departure.

 

31. Travellers under 18

The person making the booking accepts responsibility for paying for all the people on the booking. They are also responsible for keeping everyone in the party informed of the booking details. You must be at least 18 years old to make a booking with us. The first named person travelling on the booking must be at least 18, if all people travelling in your party are under 18 you need to provide a letter of consent from your parent or guardian, please either email this letter to admin@blueseaholidays.co.uk or send to: Customer Service, Blue Sea Holidays, PO Box 135, Honiton, EX14 0FD. Not all airlines will allow unaccompanied minors to travel, please double check with our reservations staff before booking your flights.

 

32. Car Hire

Please note that if you are hiring a car then you will need to supply a credit card as security when you collect the car. No money will be taken from the card without your consent (all details will be covered when you sign your agreements before taking the car). In most destinations, you need to be over 21 to hire/drive a car. It is always best to double check the age limit before booking. If you are hiring a car in America further local taxes will be charged if you are under the age of 25, for extra charges please contact one of our travel consultants.

 

33. Car Parking

If you have arranged to park a car at a pre-booked car park, please ensure that you know which car park that you are to use. Please bear in mind that some airport car parks may involve a coach transfer. Please allow time for this.

 

34. Ticket on Departure

If you are collecting documentation from the airport, this will normally ONLY be your flight tickets. Please ensure that you have any other vouchers or insurance documents either emailed, posted or faxed to you before you depart.

 

35. Flight Times & Tickets

All departure and arrival timings are given using the 24-hour system. Your flight tickets will state the most up to date flight time information, so please read them very carefully and ensure that you allow sufficient time to arrive at the airport, normally 2 hours before departure. Tour operators make it a responsibility of the traveller to re-confirm their homeward flight at least 48 hours before departure.

In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer, or if the actual carrier is not known at the time of booking, the likely carrier that will operate your flights. Where we are only able to inform you of the likely carrier we will tell you the actual carrier when we become aware of it. There is an EC Community List of carriers which are subject to an operating ban throughout Europe and we will not use one of these airlines. In the event that an airline is or becomes listed, you may be entitled to reimbursement or re-routing if your flight is cancelled because it is subject to an operating ban. Please refer to the CAA’s website www.caa.co.uk.

It is imperative that you confirm your inbound flight details with the local office specified on your itinerary (not the Airport Authorities). Failure to do so may mean that you may miss your flight because the departure time has changed, or the airline may not allow you to board. We are not liable for any losses if you do not reconfirm your inbound flight.

For passengers who will be 28 weeks pregnant at the time of the intended return flight, airlines require a medical certificate confirming the passenger is medically fit to fly. Airlines will not carry any passenger who will be 32 weeks or more pregnant by the end of the intended return flight. Please contact your doctor or the Department of Health for advice.

Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.

Flights timings on your confirmation invoice are for guidance only and subject to change. You must check your flight details and times on receiving your tickets and notify us immediately of any errors. The times quoted on your documentation are local times and you must check in at least 3 hours before the latest flight departure time advised by us, regardless of any anticipated delay.

Seats are not pre-bookable and you are more likely to get seats that meet your requirements if you check in early. If your outbound journey is not utilised, the inbound flight reservation is automatically cancelled. We are not responsible for any losses if you arrive late for the specified check-in time for the flight, or lose your flight tickets.

 

36. Flight Delays

If you or any member of your party misses your flight or other transport arrangement, it is cancelled, or you are subject to a delay of over 3 hours for any reason, you must contact us, and the airline or other transport supplier concerned immediately.  Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

We cannot accept liability for any delay which is due to any of the reasons set out in clause 19 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

 

37. Call Recording

To ensure that we carry out your instructions accurately, to help improve our service and in the interest of security, we may monitor and/or record: your telephone calls and customer transactions and activities on our website. All recordings are and shall remain our sole property.  Please see our Privacy Policy (clause 41)

 

38. Building Work

From time to time, maintenance, renovation or refurbishment and its associated noise are unavoidable at a hotel/accommodation. If we are notified of such works, we will inform you before you make your booking or within a reasonable time of us being notified.

Please note that municipal works (for example road works) and other third-party building work in the vicinity of your accommodation is not the responsibility of the accommodation or Service Provider.

 

39. Passengers with Reduced Mobility

The majority of the Travel Services offered are suitable for all persons, however it is your responsibility to advise us, prior to booking, of any conditions/disabilities that may affect your holiday. Where possible, we will inquire with the Service Provider about the suitability of the Travel Service for you, however we can give no guarantees. It is recommended that you make your own independent enquiries to ensure the Travel Service of your choice is suitable for your particular requirements before making your booking. Elderly/Disabled Clients

 

40. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

 

41. Chargebacks and claims against Service Providers

Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). Rather, your rights to refunds and other claims shall be governed solely by these Terms and Conditions. You also agree that if you initiate a Chargeback (including under section 75) or make a demand for payment from a Service Provider (which may be satisfied by the payment of cash, issue of vouchers or as otherwise agreed between you and the Service Provider), we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Terms and Conditions (or otherwise) until the Chargeback or claim against the Service Provider has been finally determined and the time limit for any challenge or appeal has expired.

 

42. Brexit

For the purposes of these Terms and Conditions, “Force Majeure” means any event beyond our or the Service Provider’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Certain Travel Services may be affected as a result of the United Kingdom’s decision to leave the European Union and the end of the transition period relating to Brexit. This could include an unavailability of certain flight routes, issues with access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through European Union Member States. While we will monitor the situation and advise our customers as soon as possible if we become aware of any bookings that will be affected by such measures, as all such measures are outside of 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.

 

43. Data Protection & Privacy

We are a data controller in relation to your booking. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information whilst in our control. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc in order to arrange your booking. Where we are acting as a package organiser, you may have booked through a travel agent and they may also have their own data protection policy in place. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law to detect and prevent fraud.

By making a booking with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process and fulfil your bookings (when it may be transferred abroad and /or to the Service Provider), if you purchase insurance we may process your information and pass it to insurers, for market research and analysis, to avoid fraud and to enable us or our representatives to contact you by letter, telephone or e-mail. You may unsubscribe from further contact at any time by clicking on the relevant link in any emails we send you.For more information on how we use your personal data, please see our Privacy Policy.

Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. 

Please note that where information is also held by a travel agent, this is subject to your agent's own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this, please contact us. 

44. ABTA
We are a Member of ABTA, membership numbers 17088 and P619X. 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.   

SECTION B: MULTI-CONTRACT PACKAGE BOOKINGS

This section only applies to Multi-Contract Packages and should be read in conjunction with Section A and C of these Booking Conditions.

 

Multi-Contract Package Bookings

Where your booking is for a Multi-Contract 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”).

 

A “Multi-Contract 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: 

(a)   transport; or 

(b)   accommodation; or 

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

(d)   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.

 

This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, Broadway Travel Limited, will accept responsibility for this booking as a Package Organiser. 

IMPORTANT NOTE: Please note that 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 Multi-Contract Package where the tourist services: 

-        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 

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

 

These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs. See Section A for the terms and conditions which apply to these bookings. 

Where you have booked a Multi-Contract Package, we still act as agent on behalf of the Supplier/Principals of your chosen Travel Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser and this is outlined in this Section B. This does not prejudice or otherwise affect our agency status with Supplier/Principals. 

Please note that where you have booked airport parking, airport lounges travel insurance or other such ancillary services (“Ancillary Services”), these products are not considered “travel services” as defined in the PTRs, and therefore remain outside scope of the PTRs, even where these are booked as part of a Multi-Contract Package. Ancillary Services will always be treated as “single-component” bookings – please see Section A for the terms and conditions which apply to Ancillary Services.

 

Pricing

Where you have booked a Multi-Contract Package, we reserve the right to increase the price of confirmed Travel Arrangements within that Multi-Contract Package solely to allow for increases which are a direct consequence of changes in: 

(i)           the price of the carriage of passengers resulting from the cost of fuel or other power sources; 

(ii)          the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and 

(iii)        the exchange rates relevant to the Travel Arrangements. 

 

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 and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Multi-Contract Package (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Multi-Contract Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it 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 insurance premiums and any amendment charges and/or additional services or travel arrangements not forming part of your Multi-Contract Package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation. 

Should the price of your Multi-Contract Package go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £40 per person. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Multi-Contract Package due to contractual and other protection in place. 

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

 

Transferring Your Multi-Contract Package Booking

If any member of your party is prevented from travelling on their Multi-Contract 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 Multi-Contract Package; 

-        we are notified not less than 7 days  before departure; 

-        you pay any outstanding balance payment, an administration fee of £40 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, the Supplier/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Multi-Contract 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 0. Otherwise, no refunds will be given for passengers not travelling or for unused services. 

 

Cancellations by you

You may cancel your booking at any time prior to departure upon payment of a termination fee as set out in this paragraph.

 

In the event that you do cancel your booking, and the deposit you have paid does not cover the cancellation charges set out in this paragraph (e.g. because you have chosen a low deposit option), you must pay any difference between the amount you have paid and the cancellation charge applied. In accepting these Terms & Conditions you give your authority for us to automatically charge the payment card used by you when securing the booking (or any other card used by you in connection with this booking) at that time. 

Any cancellation will incur a cancellation processing fee of £75 per Package booking and £25 for hotel-only bookings plus any charges from the Service Provider(s) as follows: 

Flight: 100% of the value of the flights is non-refundable from the point of booking (including baggage, insurance, etc.). 

Accommodation: Cancellation charge will depend on whether you have booked a refundable or a non-refundable product. Cancellation charges will be specified to you at the time of booking and vary from one Service Provider to another. You should check your Booking Confirmation and any documentation for details of your specific cancellation terms. 

Non-Refundable products may have been paid for in full at the time of booking and no refunds are given in the event of cancellation as per section 8 above. 

Transfers: 100% of the value of the transfers is non-refundable from the point of booking. 

All requests to cancel must be submitted via email to admin@blueseaholidays.co.uk where you will be made aware of any cancellation charges and you must agree to these charges in order to proceed with the cancellation. 

If, upon cancellation, you would like to claim back the tax on your flight, please note that: 

If your flight booking was made with a low cost or self-service airline (e.g. easyJet, Norwegian, TUI, etc.), you will need to contact the airline directly to request the refund. We will refund any such amounts received by us from the airline following its receipt.

If your flight booking was made with one of the scheduled airlines (e.g. British Airways, Virgin Atlantic, KLM etc.), or if we booked the flight for you through the IATA booking system, we can request a refund of the flight tax on your behalf. Please contact us to arrange this for you.

In relation to Package bookings only, in addition to the cancellation rights set out above, you shall have the right to cancel your booking before the start of the Package without paying any cancellation charge in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and we have confirmed to you that they will significantly affect the performance of the Package, or they significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation. 

Please visit the Foreign, Commonwealth & Development Office’s (“FCDO”) website to review the latest travel advice about your holiday destination: www.gov.uk/foreign-travel-advice. Please note that when determining whether or not the cancellation rights described in the paragraph above have arisen, we consider the FCDO’s advice. However, this is not the only factor we take into account in determining whether these cancellation rights have arisen. Ultimately, the existence of these cancellation rights will depend on the particular circumstances which exist in your holiday destination. It may be that the relevant circumstances do not significantly affect the Service Providers’ ability to perform the Travel Services which form part of your Package. It may also be the case that we or our Service Providers may be able to make arrangements which address the issues identified by the FCDO. In such circumstances, you will not have the right to cancel your Package in accordance with the paragraph above.

 

IMPORTANT NOTICE ON FCDO ADVICE AGAINST ALL OR ALL BUT ESSENTIAL TRAVEL AS A RESULT OF THE COVID-19 PANDEMIC.

 

At present, the FCDO is currently advising UK travellers against all but essential travel to a number of destinations as a result of the COVID-19 pandemic (the “FCDO Advice”). The FCDO Advice is updated on a regular basis and often at very short notice. It is therefore possible that by the time you depart for your holiday, the FCDO will advise against non-essential travel to your destination. You may also be required to quarantine or self-isolate upon your return to the UK. 

Please note that if, at the time of your departure, the FCDO Advice applies to your holiday destination but your Service Providers are still able to provide the Travel Services in the Package (i.e. the Service Providers have not cancelled the relevant Travel Services), and the performance of your Package is not significantly affected, your usual cancellation rights in the event of Unavoidable and Extraordinary Circumstances (as described above) will not apply. Our usual cancellation charges will apply in these circumstances (as described above). 

However, we may disapply these cancellation charges if, at the time you made your booking, the FCDO Advice did not apply to your holiday destination but it was then changed or updated so that by your departure date the FCDO Advice did apply. In such cases, we may provide you with a refund for the hotel and transfer services which form part of your Package. We will only be able to issue you with a refund for the flight element of your Package if this is in line with your airline’s cancellation policy. If the airline’s cancellation policy includes a full or partial cash refund, we will issue this to you as soon as we receive it from the airline. However, if the airline’s refund policy states that your flight is non-refundable, we will not be able to issue you with a refund for your flight. 

In relation to cancellations made as a result of global travel disruption arising from the COVID-19 outbreak, we may offer you alternatives to a cash refund, such as a refund credit note or voucher, which will allow you to travel at another date. If we offer such options, they shall be offered in addition to your rights set out above. We will let you know if you have these additional options when we inform you about your cancellation arrangements. 

 

Changes and Cancellations to your Travel Services

We and the Service Providers reserve the right to make changes to your Travel Services at any time. Most changes are minor changes and we and the Service Providers will endeavour to pass on to you information regarding any minor changes before you depart. Other than providing such notification, we shall have no further liability to you in relation to minor changes. 

A minor change made prior to your departure could, for example, include (but is not limited to) the alteration of your outward or return flight by less than 12 hours, changes to carriers such as airlines, changes to aircraft or vehicle type, change of your accommodation to another of the same or better standard with the same main features and in the same resort destination, or changes to services available at your accommodation (including those envisaged in paragraph 1A in relation to COVID-19). 

Occasionally, we may have to notify you of a significant change that we or the Service Providers are constrained to make to the main characteristics of the booking. 

Significant changes made prior to your departure could include (but are not limited to) a change of accommodation to a different tourist area for the whole or a significant part of your time on holiday, a change of accommodation to that of a lower standard/star rating for the whole or a significant part of the time you are on holiday, a change of your outward flight departure time (or the commencement of your other Travel Services) by more than 12 hours, or a change of UK departure airport, except between: 

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

- South Coast airports: Southampton, Bournemouth and Exeter

- South Western airports: Cardiff and Bristol

- Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

- Northern airports: Liverpool, Manchester, Doncaster Sheffield and Leeds Bradford

- North Eastern airports: Newcastle and Teesside

- Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.

We will inform you as soon as reasonably practicable if we or the Service Provider needs to make a significant change to your confirmed Travel Service, or to cancel them entirely. As most changes will be made by the Service Providers, we will not be liable to you for such changes or to pay any refunds, compensation or other claims. Your rights will be set out in your contract with the Service Provider. However, we will also liaise between you and the Service Provider in relation to any alternative arrangements offered by the Service Provider and/or refunds or compensation offered. 

In relation to Package bookings only, in the unlikely event that we or your Service Providers have to make a significant change to your Package, we will tell you as soon as reasonably possible. You will then have the option to:

accept the proposed change. If this results in a Package of lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below;

reject the proposed change, terminate your Package and take an alternative one if we decide to offer this. If you decide to take an alternative Package, we will inform you of its impact on the price of your booking. If the alternative Package is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below, or

reject the proposed change and terminate your Package with a full refund.

We will give you a reasonable period of time to make your decision, which will depend upon the circumstances giving rise to the change but will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we will send a reminder to you, following which we shall be entitled to take such action as explained to you in our earlier notification. This may include us terminating the Package and providing you with a refund.

On rare occasions, we or the Service Providers may have to cancel your Package and we reserve the right to do so. If we or the Service Providers have to do so, we will notify you as soon as possible. We will also offer you an alternative Package if we are able to do so, and inform you of its impact on the price of your booking. If the alternative Package is of a lower quality or cost, you may be entitled to a price reduction in accordance with paragraph 13 below. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the Package.

In relation to cancellations made as a result of global travel disruption arising from the COVID-19 outbreak: we may offer you alternatives to a cash refund, such as a refund credit note or voucher, which will allow you to travel at another date. If we offer such options, they shall be offered in addition to your rights set out above. We will let you know if you have these additional options when we notify you about the cancellation of your Package

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

 

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

-        where the Supplier/Principal makes a minor change; 

-        where the Supplier/Principal makes a significant change or cancels your Travel Arrangements more than 60 days before departure/start date; 

-        where the Supplier/Principal makes a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements; 

-        where the Supplier/Principal has to cancel your Travel Arrangements as a result of your failure to make full payment on time; 

-        where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you; 

-        where the Supplier/Principal is forced to cancel or change your Travel Arrangements due to Force Majeure (see clause above). 

 

If the Supplier/Principal becomes unable to provide a significant proportion of the Multi-Contract Package that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction. 

 

Our Responsibilities in Respect of Multi-Contract Packages

(1) Where you have booked a Multi-Contract Package where we are acting as a Package Organiser, although we still act as agent for the Supplier/Principals of your chosen Travel Arrangements and your contract will be with the Supplier/Principals, we will accept responsibility for the Travel Arrangements making up your Multi-Contract Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. As such, we are responsible for the proper provision of all the Travel Arrangements included in your Multi-Contract Package, as set out on your confirmation invoice. Subject to these Booking Conditions, if we or the Supplier/Principals 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 Multi-Contract 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 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/Principal’s negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principals 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:

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

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

(c) Force Majeure (as defined in clause 19).

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

(a) 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.

(b) 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.

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

(i) 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 Multi-Contract 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 Multi-Contract Package booking.

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Multi-Contract 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.

(iii) 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 ourselves and our Supplier/Principal(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 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.

(6) 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.

(7) 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. 

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract 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 Multi-Contract 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. 

 

Insolvency Protection for Multi-Contract Package Payments

We provide financial protection Multi-Contract Packages which include flights, by way of our Air Travel Organiser’s Licence number 3634, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email claims@caa.co.uk. When you buy a flight inclusive Multi-Contract 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 and European Economic Area (EEA). 

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.

 

We provide financial security for Multi-Contract Packages not including flights by way of our ABTA membership.

 

If you book Travel Arrangements that don’t form part of a Multi-Contract Package your monies will not be financially protected. Please ask us for further details.

 

Prompt Assistance for Multi-Contract Packages

If you have booked a Multi-Contract 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: SUPPLIERS TERMS & CONDITIONS

Please see the following link to our supplier's terms and conditions:

 

Flight Suppliers:

 

Easyjet  

Goldmedal  

Jet2 

Norwegian 

Ryanair 

Thomson Airlines 

Thomson Seat Sales 

Vueling Airlines 

Wizz Air 

 

Transfer Suppliers:

 

A2b Transfers 

Holiday Taxis

 

Accommodation Suppliers:

 

Beds With Ease 

Hotel Beds 

Jumbo Tours 

Alturabeds

OTS 

Meeting Point Youtravel

Sun Hotels

World2Meet