We act as Agents for the flight operator, accommodation provider and any event provider with whom you have booked through us, an event at your resort.
These Booking Conditions, together with our Privacy Policy (https://www.partyhardtravel.com/privacy/) and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract TBG Travel Group Limited trading as Party Hard Travel, Registered Office: WeWork, International House, 1 St Katharine’s Way, London E1W 1UN, Company No: 13907523 (“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 he/she:
We act as an Agent for:
A booking is made with us when you pay us a deposit (the value of the required deposit will be confirmed to you at the time of booking) or make full payment, if full payment is required at the time of booking 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 the party / parties for whom we act when we issue you with a booking confirmation.
If your confirmed arrangements include a flight, you will be issued with an ATOL Certificate from the airline. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation are wrong you must advise us immediately. 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.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 12 weeks before departure for Holidays or 2 weeks before departure for Event Packages and Single Event bookings. Any bookings made within these time limits will require full payment at the time of booking.
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 below will apply.
Any money paid in respect of a booking covered by ATOL is held on your behalf by the Trustees of the Travel Trust Association, and subject to the obligation of the Travel Trust Association to release funds as they are required for the purposes of your holiday booking. If we fail financially, any money held at that time by the Travel Trust Association is and continues to be held for the benefit of the Trustees of the Travel Trust Association without any obligation to pay that money to us.
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 amendment fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by the flight or accommodation operators 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.
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.
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.
Deposits are 100% non-refundable. When the deposit is higher than the % cancellation charge, the higher of the two will apply.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Notification more than 84 days before departure: Loss of deposit (in some cases you may incur an additional cancellation fee of up to £40pp)
Notification less than 85 days before departure: 100% of holiday cost
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You may be entitled to cancel your confirmed holiday 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 holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall endeavour to provide you with a full refund of the monies you have paid minus the non-refundable deposit, but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” includes 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.
Transfers of Bookings
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in in this clause will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
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.
If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:
Cancellation: We will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure (see clause 144) or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a significant change to or cancel your holiday, 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:
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.
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:
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, per person* |
---|---|
More than 60 days | Nil |
60 – 42 days | £10 |
41 – 28 days | £20 |
27 – 15 days | £30 |
Less than 14 days | £50 |
*IMPORTANT NOTE: Compensation will not be payable in the following circumstances:
If a significant proportion of the arrangements that you have booked through us cannot be provided 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.
Our principals reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. They also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
Such variations could include but are not limited to airline cost changes, cruise ship operators and any other transport providers.
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed 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 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. 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 £30. 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.
We provide full financial protection for our holidays by way of our membership of the Travel Trust Association (Crown Square, Woking, Surrey, GU21 6HR; Tel: 01483 545 780, TTA number Q9683). All bookings made through Party Hard have 100% financial protection through the Travel Trust Association. In the event of us, our any of our suppliers failing, all money is protected. In the result of Party Hard failing, the customer will either (i) still get the holiday, but performed by another agency or (ii) get a full refund. In the result of a supplier failing, Party Hard will ensure that the customer receives an alternative product of at least the same standard or quality, or if not (ii) will receive a partial refund for the element that is not performed. For events in resort as part of an Event ticket booking, the refund you will receive in the above circumstances will be a refund of the sums that you have actually paid for the services in question, please note this refund may be less than the value that is printed on the ticket itself as we are able to negotiate discounts for event entry which we pass on to you at the time of booking.
If, 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 assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
We endeavour to ensure that the descriptions, holiday information and prices both on our website and in our advertising material 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 arrangements that you wish to book before you make your booking.
Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure that you check all details of your chosen arrangements (including the price) with us at the time of booking.
Adequate travel insurance is a condition of your contract with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information may affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
It is worth noting that most travel insurances become invalid if you have had an alcoholic drink.
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. 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.
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 the travel services provided you will not be offered any refund for that part of your holiday not completed. We will not 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.
Accommodation ratings are displayed as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
We do not act as agents for specialist disabled holidays, but we will do our utmost to transmit any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. 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.
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 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.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform our agent in your resort immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us on our office number (0203 627 4443) or by contacting our destination manager whose contact details are provided to you before you travel.
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 three months of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our membership of the Travel Trust Association. If we are unable to agree a reasonable response or settlement to your claim, they offer an arbitration scheme. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The scheme does not apply where the claim exceeds £2,500 per person or £10,000 per booking, not to claims arising solely or mainly in respect of physical injury or illness.
You can also 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.
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If the reasonable opinion of any venue or hotel operator 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, the operator reserves the right to terminate your booking 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 no expenses incurred as a result of termination will be paid. 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 or venue operator, prior to departure.
You will also be responsible for meeting any claims subsequently made as a result of your actions together with all costs incurred 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.
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your chosen holiday. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit:
https://www.gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check: https://uk.usembassy.gov.
For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit: https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
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. 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 14 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).
The carrier(s), flight timings and types of aircraft shown detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched, we will contact you as soon as we can to let you know.
Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.
Our advertising material is our responsibility. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
When available, we may offer additional, discounted hotel booking options on our website. These hotels, called Party Hard Unpublished Rate or “Secret Saver” hotels, are different from other hotels offered on our website in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. The room type will be determined by the hotel based on the number of guests provided at the time of booking. All reservations are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of Party Hard Secret Saver rooms that can be booked at one time is six. All Party Hard Unpublished Rate rooms will be booked under the same name, and the guest under whose name the reservation is made must be present at check-in. Party Hard Unpublished Rate hotels are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted
If you will be under the age of 18 when you travel with us, we will be required to issue you with a different coloured wristband to those that we issue to travellers over the age of 18, we are required to do this to denote the fact that you are not yet 18 years of age.
If you travel with us when you are under the age of 18 you must also accept and acknowledge that you may be prohibited from drinking alcohol and may be refused entry to certain venues or activities, in line with the laws and licensing rules of the country to which you are travelling. Please contact us if you have any questions about whether you will be able to participate in any such activities, during your trip.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday 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.
It is the requirements and standards of the country in which your booked arrangements will take place that apply and not those of the UK. These requirements and standards will not be the same as the UK and may typically be lower.
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 14).
The services which make up your holiday are provided by independent suppliers. These suppliers provide their services in accordance with their own terms and conditions which will form part of your contract. 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.
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).
Changes:
If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of £50 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.
Certain ticket arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
Cancellations:
If you or any other member of your party decides to cancel your confirmed booking you must notify us by telephone, followed by confirmation in writing, immediately. 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. The person to notify us of any cancellation must be the same person that originally signed the booking form.
Since the provider of the service will incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Notification more than 15 days prior to Event: Loss of deposit
Notification less than 15 days prior to Event: Full cost of booking
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note:
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.
This clause outlines the rights you have if you wish to cancel your Single Event booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
We may in exceptional circumstances be required to cancel your booking in which case a refund of all monies paid minus the non-refundable deposit will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “force majeure” (please see clause 14) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
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.
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.
We provide full financial protection for our single Event bookings, by way of our membership of the Travel Trust Association (Crown Square, Woking, Surrey, GU21 6HR; Tel: 01483 545 780, TTA number Q2538). All bookings made through Party Hard have 100% financial protection through the Travel Trust Association. In the event of us, our any of our suppliers failing, all money is protected. In the result of Party Hard failing, the customer will either (i) still get the holiday, but performed by another agency or (ii) get a full refund. In the result of a supplier failing, Party Hard will ensure that the customer receives an alternative product of at least the same standard or quality, or if not (ii) will receive a partial refund for the element that is not performed. For events in resort as part of an Event ticket booking, the refund you will receive in the above circumstances will be a refund of the sums that you have actually paid for the services in question, please note this refund may be less than the value that is printed on the ticket itself as we are able to negotiate discounts for event entry which we pass on to you at the time of booking