1. ACCEPTANCE OF TERMS
Your access to and use of www.holidayUSA.co.uk ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. CHANGES TO WEBSITE
holidayUSA.co.uk reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that holidayUSA.co.uk shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to holidayUSA.co.uk or otherwise used by holidayUSA.co.uk as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, holidayUSA.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 holidayUSA.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of holidayUSA.co.uk for death or personal injury as a result of the negligence of holidayUSA.co.uk or that of its employees or agents.
You agree to indemnify and hold holidayUSA.co.uk and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against holidayUSA.co.uk arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
holidayUSA.co.uk is the trading name of Travel Day Limited, whose registered office is at 10 Coped Hall Business Park, Royal Wootton Bassett, Wiltshire, SN4 8DP. These Booking conditions govern all bookings with holidayUSA.co.uk. A contract will only exist once holidayUSA.co.uk has received payment (deposit or in full) and a Booking Advice had been issued. Our on-line booking services are only available to persons over the age of 18. By booking with holidayUSA.co.uk you confirm to us you comply with these rules.
11. PAYMENT - Hotel Only/Holiday Homes/Villas Only/Transfers/Trips/Car Hire
holidayUSA.co.uk requires full payment for all products and services at the time of booking unless your booking is made in excess of 6 weeks in advance of your check in date. Where a deposit only payment is made, full payment is due a minimum of 42 days prior to check-in.
11.1 PAYMENT - Package Holidays
holidayUSA.co.uk requires full payment for all products and services at the time of booking unless your booking is made in excess of 12 weeks in advance of your booking date. Where a deposit only payment is made, full payment is due a minimum of 84 days prior to check-in.
11.2 PAYMENT - Attraction Tickets
holidayUSA.co.uk requires full payment for all products and services at the time of booking unless the product/service is in excess of 10 weeks in advance of your booking date Where a deposit only payment is made, full payment is due a minimum of 70 days prior to check-in.
11.3 ACCEPTED PAYMENT TYPES
On initial booking we accept UK registered personal debit cards, personal Visa credit cards, personal MasterCard and bank transfers. For balance payments (if using deposit options) we only accept UK registered personal debit cards or bank transfers.
12. ALTERATION or CANCELLATION for Hotel only bookings
Accommodation cancellation policy, unless otherwise stated on your Booking Advice: Greater than 43 days prior to check, loss of deposit or in the case of full payment, £50 per person.
Premium dates of 1-Dec to 31-Dec and Easter the cancellation policy is 60 - 0 days prior to departure: 100%.
Appropriate fees may be applied depending on the requested change/cancellation. Please contact reservations@holidayUSA.co.uk with any cancellation/alteration request.
12.1 ALTERATION or CANCELLATION for Package Bookings
When a deposit option has been paid and prior to full payment the cancellation/alteration fee will be loss of deposit, or all monies paid unless otherwise stated on your Booking Advice. Once full payment has been made the cancellation fee is 100%. For cancellation terms applicable to charter airlines, please see note 12.2 Please contact reservations@holidayUSA.co.uk with any cancellation/alteration request.
12.2 ALTERATION or CANCELLATION for Package Bookings with Thomas Cook / Thomson flights (or any other Charter flight)
When a deposit option has been paid and prior to full payment the cancellation/alteration fee will be loss of deposit and the full balance is still required even in the event of full cancellation. Please contact reservations@holidayUSA.co.uk with any cancellation/alteration request.
13. ALTERATION by holidayUSA.co.uk
Occasionally, due to reasons beyond the Company's control, it may be necessary to amend the products and services you have booked with holidayUSA.co.uk. holidayUSA.co.uk will do its best to inform you of any such change as soon as possible prior to check-in or use of the product or service.
14. CANCELLATION by holidayUSA.co.uk
In the unlikely event that a booking has to be cancelled a full and prompt refund will be made of all monies paid to the Company less any insurance premiums and amendment fees. Please see note below regarding "Force Majeure".
15. FORCE MAJEURE
We regret we cannot accept liability or pay any compensation where we are forced to cancel, curtail, delay or in any way change your holiday or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to "force majeure". Such circumstances include war or threat of war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and all similar circumstances outside our control.
16. WHERE WE ACT AS AN AGENT
holidayUSA.co.uk acts as an agent for various suppliers whose products form part of your booking. The suppliers standard terms and conditions will apply to these products. When holidayUSA.co.uk is acting as an agent the booking advice and any travel vouchers will contain the supplier's details.
16.1 OUR LIABILITY TO YOU WHERE WE ACT AS AN AGENT
Subject to clause 18 holidayUSA.co.uk acts in all cases as an agent for suppliers of accommodation and other products featured on this website.
holidayUSA.co.uk will endeavour to use reasonable skill and care in selecting suppliers of accommodation, flights, shows and other products featured on this website.
However, subject to clause 18 below, where you have booked any goods, services, facilities or otherwise through the holidayUSA.co.uk website your contract will be with the supplier of those goods, services, facilities or otherwise and not with holidayUSA.co.uk. For example if you book a hotel through holidayUSA.co.uk your contract will be with that hotel and if you book a flight, your contract will be with the airline supplying the flight. In each instance, the supplier will have its own terms and conditions and they will apply to your contract. holidayUSA.co.uk cannot accept responsibility for any fault by the supplier or if there are problems with the performance of any contract that you arranged through this website. For example holidayUSA.co.uk is not responsible for any flight delays or lost luggage, or for unavailable facilities at hotels. You should refer to the relevant supplier for a copy of their terms and conditions.
16.2 OUR LIABILITY TO YOU WHERE WE ACT AS A PRINCIPAL
Where holidayUSA.co.uk offers and sells Package Holidays (as defined by Regulation 2(1) of the Package Travel, Package Holidays and Package Tours Regulations 1992 ("the Regulations")) holidayUSA.co.uk acts as a principal and your holiday contract is with us. The terms of this clause apply to your Package Holiday but for the avoidance of doubt this clause does not apply to any holiday that is not a Package Holiday within the meaning of Regulation 2(1) of the Regulations.
Where you book a Package Holiday, holidayUSA.co.uk is liable for the proper performance of your holiday contract in accordance with Regulation 15 of the Regulations. holidayUSA.co.uk accepts responsibility and will pay you compensation if due to the fault of our employees, agents or suppliers, the Package Holiday is not as described on the website but only if you can show that this has affected the enjoyment of your holiday. holidayUSA.co.uk is responsible for any damage caused to you by the failure to perform your holiday contract or the improper performance of the holiday contract unless the failure or the improper performance is due neither to the fault of holidayUSA.co.uk (including its employees) nor to that of an agent or supplier of services, because -
- the failures which occur in the performance of the contract are attributable to you;
- such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
- such failures are due to unusual and unforeseeable circumstances beyond the control of holidayUSA.co.uk, the consequences of which could not have been avoided even if all due care had been exercised; or an event which holidayUSA.co.uk or the agent or supplier of services, even with all due care, could not foresee or forestall.
The liability of holidayUSA.co.uk is in all cases other than those involving personal injury, illness or death limited to twice the cost of the Package Holiday that relates to the person or persons affected. The maximum amount will only be paid if you can show that you derived no benefit at all from your Package Holiday.
International Conventions may apply where you travel by aircraft, train, ship or coach as part of your Package Holiday. Should you or any of your party be injured, become ill, die or suffer any losses as a result of or during carriage by aircraft, train, ship or coach the liability of holidayUSA.co.uk is limited to the liability of the relevant carrier under the applicable International Convention. A copy of the Conventions that apply is available upon request. Should holidayUSA.co.uk make any payment to you or any member of your party as a result of personal injury, illness, death or other losses you agree to fully co-operate with holidayUSA.co.uk in seeking recovery of the payment from any third party as required by holidayUSA.co.uk.
17. STAR RATINGS
These are our own and are broadly inline with the UK understanding of star ratings and reflect the quality, comfort and facilities of the accommodation. You must not assume that a certain star rating guarantees a specific facility will be present and also our star ratings may differ from official star ratings.
18. BALANCE PAYMENTS
When a deposit only has been paid, the balance for Hotel Only/Holiday Homes/Villas Only/Transfers/Trips/Car Hire only is due 28 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per booking. We reserve the right to cancel any bookings where full payment has not been received 21 days prior to check in with the loss of any monies paid.
When a deposit only has been paid, the balance for Packages only is due 84 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per passenger. We reserve the right to cancel any bookings where full payment has not been received 77 days prior to check in with the loss of any monies paid.
When a deposit only has been paid, the balance for Attraction Tickets only is due 70 days prior to check-in. If payment is received after this time, a late payment fee will be applied at the rate of £25 per ticket. We reserve the right to cancel any bookings where full payment has not been received 63 days prior to check in with the loss of any monies paid.
The payment due date is shown on the Booking Advice document. It is the customer’s responsibility to ensure this payment is made on time.
The company at its discretion may also charge the payment card used for the deposit payment with the remaining balance on or shortly after the due date.
19. Air Passenger Duty
The UK Government can change the amount of duty on travel at anytime, whilst all taxes and fees are applied at the point of booking, any subsequent increase in Air Passenger Duty that is applicable before your date of travel will be applied to your booking, this is for all bookings regardless of if a deposit option is taken or not. Any Tax increases will be applied with an administration fee at the rate of £4 per seat.
20. CHARTER AIRLINES
Holiday packages on scheduled airlines include a luggage allowance per passenger and also in-flight meals. Holiday packages on Charter flights do not include a luggage allowance per passenger, seat selection or in-flight meals, these can be added to your reservation after the point of booking via our customer services team, these will be subject to an additional charge.
21. WEB SITE IMAGES
Room pictures may differ from the actual room you receive. Hotel information contained in www.holidayUSA.co.uk is based on advice from the hotel proprietors concerned and was cleared for accuracy at the time of publication. Whilst every care is taken to ensure the accuracy of such information, the publishers and their staff and contributors can accept no responsibility for the consequences of any action based on information or advice contained herein.
22. TRADING NAME
holidayUSA.co.uk is a trading name for Travel Day Limited
23. ATOL Protection
holidayUSA.co.uk is a trading name of Travelday Ltd – Atol number 9246
Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
24. BOOKINGS WITH OUT-OF-DATE-RANGE SCHEDULED FLIGHTS.
Scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before the departure. Our holiday prices for bookings more than 10 months in advance of travel are calculated in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply.
At the time of booking, we will issue an invoice recording the arrangements reserved for you and a contract between us will then come into existence on the basis that the price quoted at the time of booking will be that applicable when the airline releases the seats. However if, at the time the airlines seats become available, your package price has increased by a minimum of 2% from the time of booking, we reserve the right to recalculate your booking and issue a revised invoice whereby we will give you 7 days to tell us whether you wish to continue with the booking on the basis of the amended price and other details or cancel and receive a full refund. If you wish to continue with the booking, we will issue a revised invoice.
When the airline seats become available to book we will also tell you of any amended flight details or significant schedule changes.
In the event that flight seats do not become available, you will receive a full refund of your deposit. We will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.