THE FULL ENGLISH BUS LIMITED BOOKING CONDITIONS

 

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with The Full English Bus Limited, a company registered in England and Wales with company number 11808896 and registered office 70 Banstock Road, Edgware, United Kingdom, HA8 9JL (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.  

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

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

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

  3. he/she is over 18 years of age 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;

  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: Our obligations to you will differ depending upon what services you book with us and whether or not they create a Package. We have tried to set out our obligations as clearly as possible below. These booking conditions contain two sections:

 

(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 Package.

 

Where your booking is for a Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked travel arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.

 

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

 

(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.

 

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 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.

 

 

 

 

SECTION A – APPLICABLE TO ALL BOOKINGS

 

1.              Booking & Paying For Your Arrangements

 

A booking is made with us when you pay us a deposit (or full payment if you are booking within 30 days of departure) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. If your booking confirmation or any other document is wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). 

 

The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 30 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable. 

 

2.              Accuracy

 

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the travel arrangements that you wish to book before you make your booking.

 

3.              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 Package, additional terms and conditions apply, please see clause 20 for further information.

 

4.              Insurance

 

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

 

5.              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 hostel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

 

6.              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 we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

7.              If You Change Your Booking & Transfers of Bookings

 

If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £20 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 8.

 

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

 

8.              If You Cancel Your Booking Before Departure

 

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

 

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

 

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

 

Period before departure in which you notify us

Cancellation Charge

More than 30 days prior to departure- Loss of Deposit

14 to 30 days prior to departure- 50% of total booking cost

7 to 13 days prior to departure- 75% of total booking cost

Less than 7 days prior to departure- 100% of total booking cost

 

Please note that insurance premiums and amendments charges are not refundable in any circumstances.

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

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

 

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

 

9.              If We Change or Cancel

 

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

 

Changes: If we make a change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible.

 

Cancellation: In the unlikely event that we are unable to run a tour which you have booked with us we will refund you all the money paid.

 

We reserve the right to modify or withdraw any booking due to circumstances beyond our control and cannot be liable for any loss, expense, inconvenience or claim arising there from.  Our liability will be limited to a refund of any monies paid to us.

 

Where you have booked a Package, additional terms and conditions apply, please see clause 23 for further information.

 

10.           Complaints

 

We make every effort to ensure that your trip runs smoothly but if you do have a problem during your tour, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by email at hello@thefullenglishbb.com or telephone on 07525209110.

 

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

 

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

 

11.           Our Responsibility for your Booking

 

(1)            Subject to the remainder of this clause, we have a duty to provide the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused.

 

(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 contracted for and which were unforeseeable or unavoidable; or

 

(c)            unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

 

(d)            an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

(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 £25 per person in total because you are assumed 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 twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

 

(4)            It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints 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 if we breached our contract with you; or (b) relate to any business.

 

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

 

Where you have booked a Package we will accept responsibility for that Package as a package organiser and additional terms and condition apply. Please see clause 24 for further information.

 

12.           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.

 

13.           Visa, Passport and Health Requirements

It is your responsibility to check and fulfill 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.

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.

14.           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). 

 

15.           Your Behaviour

 

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result 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.

 

Note that the use of illegal drugs by any of our customers whilst travelling on our tours is also strictly prohibited and any customer found to be, or reasonably suspected of, using such substances will have the remainder of their travel arrangements terminated. In such circumstances, the provisions of the paragraph above shall apply and we shall have no further liability to you.

 

16.           Alcohol

 

Some of the activities which we offer may involve visiting establishments where alcohol is available. If you choose to participate in these activities, you must be of the legal drinking age in England and carry with you a legal document that provides evidence of this. Please that if you do participate in any such activities, you ensure you drink responsibly and do not put yourself or others in danger. We will not be liable for any injury or illness as a result of your own actions or the actions of any other participant on the tour.

 

17.           Personal Belongings

 

You may choose to leave some of your belongings on the transport provided, however you do so at your own risk. We cannot accept any liability for the loss, theft or damage of any belongings you choose to leave on board the transport provided. We strongly recommend that you ensure your insurance policy adequately covers any loss or damage to your personal belongings.

 

18.           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 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.

 

19.           Excursions

 

Excursions or other tours that you may choose to book or pay for whilst you are on the trip are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

 

SECTION B: PACKAGE BOOKINGS

 

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

 

20.           Pricing

 

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays 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 chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.

(iii)           the exchange rates relevant to the package.

 

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

 

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £10. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

 

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

 

21.           Transferring Your Package

 

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

 

-        that person is introduced by you and satisfies all the conditions applicable to the travel arrangements making up the Package;

 

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

 

-        you pay any outstanding balance payment, an administration fee of £20 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 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 8. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

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

 

If you have booked a Package, you have the right to cancel your confirmed Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the Package or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

 

Please note that your right to cancel in these circumstances will only apply where the Government or Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.

 

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

 

23.           If We Change or Cancel your Package

 

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

 

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard or changes of carriers.


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

 

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

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

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

-        A significant change to your itinerary, missing out one or more destination entirely.

 

Cancellation: We will not cancel your travel arrangements less than 30 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance or where the minimum number of clients required for a particular travel arrangement is not reached. We may cancel your holiday before this date.

 

Cancellation due to insufficient bookings: We require a minimum number of travellers to have booked on to each trip in order for us to be able to operate it. We will set out the minimum number of passengers for each trip within the description on our website. Where we do not receive this number of bookings in respect of your chosen trip, we may unfortunately be unable to go ahead with providing that trip and may be required to cancel your booking. As a result, if we do not receive the relevant number of bookings for a particular holiday, by the applicable deadline for us to have achieved minimum numbers (as set out below), we reserve the right to terminate your booking and provide you with a full refund of all payments you have made to us at this point:

 

Duration of Trip

Deadline by which we will notify you of our need to terminate

More than 6 days- 20 days before the start of the package

2 – 6 days- 7 days before the start of the package

Less than 2 days- 48 hours before the start of the package

 

Please note that in such circumstances, we will not be liable to pay you any additional compensation

 

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

i                 (for significant changes) accepting the changed arrangements; or

ii               having a refund of all monies paid; or

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

 

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

 

Compensation

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

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

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

 

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

 

Period before departure in which we notify you

Amount you will receive from us*

More than 30 days- Nil

14 - 30 days prior to departure- £5

7 - 13 days prior to departure- £10

Less than 7 days prior to departure- £20

 

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

 

(a)   where we make a minor change;

(b)   where we make a significant change or cancel your arrangements more than 30 days before departure;

(c)   where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

(d)   where we have to cancel your arrangements as a result of your failure to make full payment on time;

(e)   where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

(f)     where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12);

(g)   where we cancel your arrangements due to receiving insufficient bookings for the trip, provided that we notify you within the timescales set out in clause 23 above.

 

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

 

24.           Our Responsibilities in Respect of Packages

 

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

 

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

(a)   the acts and/or omissions of the person affected; or

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

(c)   Force Majeure (as defined in clause 12).

 

(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.

 

(c)   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.

 

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

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

 

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

 

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

 

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

(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 if we breached our contract with you; or

(b)   relate to any business:

(c)   indirect or consequential loss of any kind.

 

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

 

(8) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. 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.

 

25.           Insolvency Protection for Package Payments

 

We provide financial security for Packages by way of an insurance policy with The Travel Vault, Albert House, 256-260 Old Street, London, EC1V 9DD http://www.thetravelvault.co.uk/.

 

If you book travel arrangements that don’t form part of a Package your monies will not be financially protected. Please ask us for further details.

 

26.           Cutting your holiday short

 

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

 

27.           Prompt Assistance for Packages

 

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

Standard Information Form on Traveller’s Rights when booking a Package Holiday

(Online Sales)

Part 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, The Full English Bus Limited (company registered number 11808896) with registered office 70 Banstock Road, Edgware, United Kingdom, HA8 9JL, will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.

Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

  • Travellers will receive all essential information about the package before concluding the package travel contract.

  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

  • Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

  • The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

  • Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

  • The organiser has to provide assistance if the traveller is in difficulty.

  • If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. The Full English Bus Limited has taken out insolvency protection with The Travel Vault Albert House, 256-260 Old Street, London, EC1V 9DD http://www.thetravelvault.co.uk/. Travellers may this entity if services are denied because of The Full English Bus Limited’s insolvency.

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made