1. OUR DETAILS
holidayUSA.co.uk is a trading name of Travel Day Limited, whose registered office address is at 10 Coped Hall Business Park, Royal Wootton Bassett, Wiltshire, SN4 8DP.
Travel Day Limited is a member of ABTA with membership number Y0821 and ATOL holder number 9246.
2. YOUR HOLIDAY BOOKING
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. Your booking is made on the terms of these booking conditions. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
3. PAYING FOR YOUR HOLIDAY
The Payment terms for your holiday will depend on the type of booking, as covered by 3.1 - 3.3. The payment methods available are covered by 3.4.
3.1 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. Any product or service specified as non-refundable will require full payment at the time of booking.
3.2 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. Any product or service specified as non-refundable will require full payment at the time of booking.
3.3 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. Any product or service specified as non-refundable will require full payment at the time of booking.
3.4 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.
FAILURE TO PAY ON TIME
The payment due date is shown on your Booking Advice document. It is the customer's responsibility to ensure this payment is made on time. If the balance payment is not paid in time, a late payment fee will be applied at the rate of £25 per booking. We reserve the right to cancel your travel arrangements where full payment has not been received in time. If the balance is not paid in time we shall retain your deposit, and you may be liable for additional costs which will be shown in your Booking Advice document.
4. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Written notification of this request, and from the person who made the booking, must be received via email to reservations@holidayUSA.co.uk.
Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows unless otherwise stated on your Booking Advice (see also the exception below).
4.1 CANCELLATION CHARGE FOR A PACKAGE HOLIDAY WITH A SCHEDULED FLIGHT
- 85 days or more: Deposit paid or £250 per person if the amount paid exceeds the deposit.
- 84 days or less: 100% of holiday cost.
4.2 CANCELLATION CHARGE FOR A PACKAGE HOLIDAY WITH A CHARTERED FLIGHT
- Any time after time of booking: 100% of holiday cost.
4.3 CANCELLATION CHARGE FOR HOTEL ONLY / HOLIDAY HOMES / VILLAS ONLY / TRANSFERS / TRIPS / CAR HIRE
- 85 days or more: Deposit paid or £250 per person if the amount paid exceeds the deposit.
- 43-60 days: Deposit only, except for premium dates of 1-Dec to 31-Dec and Easter where it is 100% of holiday cost.
- 42 days or less: 100% of holiday cost.
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
5. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, or a spelling amendment to your passenger details, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £25.00 per person, and any further cost we incur in making this alteration. 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. Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of your arrangements.
Note: Whilst minor spelling errors on a passenger name may be able to be updated (subject to charge, as indicated above), full name changes will not be permitted on any booking made with us.
6. IF WE CANCEL YOUR BOOKING
We reserve the right to cancel your booking. We will not cancel less than 12 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance.
Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
If your holiday is cancelled, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we can offer one (we will refund any price difference if the alternative is of a lower value).
7. IF WE CHANGE YOUR BOOKING
7.1 CHANGES TO THE PRICE
We will not change your holiday price after you've received your Booking Advice. We will absorb all the costs associated with changes to exchange rates, transportation fuel costs, and taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports that are already included in your package holiday. Where taxes or fees can only be paid by the travellers in resort, these do not form a part of your package holiday or hotel booking and as a result holidayUSA.co.uk is not responsible for changes in these prices.
7.2 CHANGES OTHER THAN THE PRICE
It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of your outward / return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.
- We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
Note: In the event that either a significant or insignificant change is made to your booking with us, holidayUSA.co.uk will not be liable to pay compensation for any products or services you may have booked outside of your booking with us and that are affected by this change, for example an overnight airport hotel or airport parking.
8. OUR LIABILITY TO YOU
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
- i) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
- ii) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn't apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB: This entire Clause 8 does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
9. PROTECTING YOUR MONEY
We provide full financial protection for our package holidays, by way of our Air Travel Organiser's Licence (ATOL) number 9246, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email firstname.lastname@example.org. 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we are unable 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 are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
We are a Member of ABTA, membership number Y0821. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you ABTA's scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can't resolve your complaint, go to www.abta.com to use ABTA's simple procedure. Further information on the Code and ABTA's assistance in resolving disputes can also be found on ABTA's website. You can access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
If you have a complaint about any of the services included in your holiday, you must inform our resort representative without undue delay who will endeavour to put things right.
If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at reservations@holidayUSA.co.uk giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking. Please also see clause 10 above on ABTA.
12. ADDITIONAL ASSISTANCE
If you're in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
13. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by 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.
15. TRAVEL AGENTS
Where you make a booking with a Travel Agent that sells you a holiday provided by holidayUSA.co.uk, all monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent's obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
16. LAW AND JURISDICTION
This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
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.
18. STAR RATINGS
These are our own and are broadly in line 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.
19. 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.
20. WEBSITE 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.