Terms and Conditions
Please read these terms and conditions very carefully. They apply to all the holidays and flights described and booked, and they deal with your rights and obligations to Living Holidays and ours to you.
Booking Conditions - the conditions outlined below are the current T&Cs and supersedes any other or previous printed versions - updated 2 January 2012 and apply to all bookings
1. Financial Security - Living Holidays are bonded by The Travel Trust Association (TTA).
What is the TTA - The TTA is a trade association of Travel Agents, Tour Operators, and Travel Organisers, that operate trust accounts, in order to provide financial protection for the consumer. The TTA lays down strict guidelines on how customer funds may be handled and each member must adhere to these guidelines. Every TTA Member puts customer funds into a designated trust account, which is supervised by an independent trustee. The Trustee is a Banker, Chartered or Certified Accountant or solicitor. Your funds are held in this account and may not be released unless you receive your holiday or your funds are released to another company that becomes responsible and provides for your financial protection. This includes all payments including credit card payments which are automatically deposited direct into the Trust Account via electronic processing. Every TTA Member will have a practicing certificate. This certificate will identify the TTA Members number, the company to whom all payments should be made and the Trustee for that Member including the Trustees contact details.
How your money is protected by booking through a TTA Member TTA have a Trust operation in place where all client money will be available because it is protected by the Travel Protection Plan unlike non-TTA who may arrange bonds to cover client money, which would pay out in the event of the insolvency of the travel company. Bonds would provide for a set amount of cover for all customers of the travel company, who have made a booking at the time of insolvency. This arrangement was intended to meet their claims. However if the total amount of the bond was insufficient, only part of the money would have been reimbursed.
What is the Travel Protection Plan - The Plan covers every service which you have booked from a Travel company whether its for transport, accommodation, entertainment or recreation. It involves two aspects, firstly the Trust Account operated for your benefit. The money may only be released from the Trust to pay for the services which you have booked. Secondly there is further protection from insurance cover provided by the Safe Seat Plan, if your money is not in the Trust Account. It will reimburse the loss of any amount paid to the Travel Agent for your booking up to a maximum any one passenger of £11,000. So if you have paid £2,000, the policy will reimburse the loss of the £2,000, where it is not available for you from the Trust Account. Therefore the Trust Account plus the Safe Seat Plan Insurance coverage will ensure that all the money which you have paid is safely protected and available to pay for those services which you have booked.
Should you have to make a claim - Should the TTA Member become insolvent, in most instances your money will still be held within the TTA Members Trust account by the designated Trustee, and available to pay your holiday. If the money is not there, then the insurance policy is available to reimburse your loss. In some cases your holiday may continue as the providers or suppliers have already been paid. Where you have only paid a deposit and still have an outstanding balance, your holiday may be unaffected and by paying the balance your holiday will continue as planned. Where possible, attempts will be made to ensure that you can carry on with your original holiday arrangements. If you require a claim form for the Safe Seat Plan or have inquiries, contact: The Travel Trust Association, Albion House, High Street, Woking, Surrey GU21 6BD
2. Living Holidays and your Holiday Contract - Living Holidays only acts as a retail agent for ATOL protected flight operators and hotel agents with whom your booking is made.
Contract - When you make a booking or any travel arrangements verbally, electronically or in writing, you are bound by the booking conditions of the ATOL agency through whom your flights or the hotel agent with whom your hotel is booked, once the booking is made you are covered by the terms and conditions of the booking contract and confirmation will be emailed to you followed by the travel tickets and vouchers, normally approx. 10 days prior to departure.
Responsibility - Once the contract is made you are responsible to pay us for the holiday that has been booked on your behalf, in each case subject to the terms and conditions laid down on these pages, and the terms and conditions of the ATOL operator or hotel agent. The person, who makes the booking or otherwise contracts with us, accepts responsibility for making all payments to us for all members of the party and is classed as the lead passenger. We will send all required documentation and other information to that person who will in turn be responsible for ensuring that other members of the party are kept fully informed.
Online booking - When using the online booking facilities, once you have confirmed and accept the booking the contract is made, when selecting the elements of your holidays, these are classed as spilt contract and since no Living Holidays consultants have given any advice on these elements, Living Holidays cannot be held responsible for any changes made by the flight or hotel suppliers
3. Booking and Payment
Booking - At the time of booking your flight, hotel, transfer or package holiday a minimum deposit of £100.00 per person plus any applicable insurance premiums and credit card charges for all bookings or full payment if less than twelve weeks before departure together with any applicable insurance premiums must be paid for by credit or debit card / subject to a credit / debit card charge. Living Holidays Ltd will in turn send you an ATOL receipt for any flights booked along with a email confirmation. Living Holidays Ltd reserves the right to decline any booking.
Balance - The balance due to us in respect of any booking as shown on a confirmation invoice must be paid at least twelve weeks prior to the departure date. If low deposit are accepted then you are responsible for paying Living Holidays, if you cancel, the different between the deposit and holiday costs should there be any charges applied by the flight, hotel or transfer providers. If the payment is not received in full by us by the given date on the confirmation invoice, we reserve the right to treat your booking as cancelled by you and retain your deposit and apply the cancellation charges as set out later on this page. No reminder or final demand will be issued by Living Holidays and any late payment may be treated as a full cancellation whereby our cancellation charges will take effect.
Special Offer Holidays - Full payment is required at time of booking unless otherwise agreed with Living Holidays, if balance remains payment is required before the end of the month the booking was made or within 7 days after booking made. Cancellations of special offers will incur 100% cancellation fee this includes any outstanding balances which will be required once booking has been cancelled. If alterations or cancellations are available from the providers of the booking, Living Holidays will use its best efforts to assist the customer to alter or cancel a booking but cannot give any guarantee that such attempts will be successful.
Invoice - Our confirmation invoice is our final invoice, which must be paid for at least fourteen weeks prior to the scheduled departure date. Should there be any unforeseen change to your holiday arrangements these will be advised in the form of a revised invoice sent to you. Any errors must be reported to us within 7 days. Failure to do so will result in cancellation or amendment charges being levied.
4. Travel Insurance
It is compulsory and part of your booking terms and conditions that all members of the party hold fully comprehensive insurance at the time of travel. We recommend that you take out full comprehensive travel insurance at the time of booking to protect not only against loss or injury whilst on holiday but against unforeseen cancellation prior to travel. Once booked, you have confirmed that you understand this requirement and that it is the lead passengers, not Living Holidays responsibility to ensure that all members of their party are fully insurance. If you wish to book your insurance via Living Holidays then you can the link on our website under Travel Extras the company recommended by the Travel Trust Association
5. Passports, VISA and Health and Unsafe Areas Information
Passport - All passengers must have a 10-year British Citizen passport (5 year for children). Please note that some countries require that your passport is valid for a minimum period after the return date to the UK (typically 6 months). If your passport is in its final year of validity, is a British Subject or non-British passport, you must check with the embassy of the country you are visiting, otherwise travel may be denied.
Visas - It is your responsibility to ensure that you meet any visa, passport or inoculation requirements of the country you plan to visit. Failure to do so may result in being refused to travel, which will in turn void any claims against your insurance cover.
Health and Unsafe Areas - For more information on the subject, you may wish to obtain a copy of the Health Advice for Travellers (T6) guide, which can be requested by calling 0800555777 or visit the Dept for Health website at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4123441. Up to date travel advice can also be obtained from the Foreign & Commonwealth Office on 0207 238 4503 or on their website: www.fco.gov.uk
6.Changes and cancellations made by us
It is unlikely that we will have to amend your booking - Occasionally changes may be made which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date. Flight timings and carriers set out in our publicity material are subject to change and all details given to you are for guidance only. Confirmed details will be as shown on your ticket. It is your responsibility to check all details on both the confirmation invoice and your flight tickets for errors or anomalies.
Material changes - Should a material change become necessary we will inform you as soon as reasonably possible; you may decide whether or not to accept the change although you must let us know by return. A material change is one made to your travel arrangements before departure involving change of departure or arrival airport (other than between airports within the same city airport system), outward or return flights being re-scheduled by more than 12 hours. If our suppliers alter the airline, aircraft type operating your flight or routing this is not a material change and we will be under no obligation to notify you of any such change in advance. If you do not wish to accept a material change refund vouchers will be given minus £25 cancellation fee per person plus any charges levied by the flight provider. In the case of cease trading of the flight provider, a full refund of your flight costs will be given by CAA ATOL direct to you not via Living Holidays, you will need to download an application form and completed, you can send this to Living Holidays for checking and signing which will then be sent onto CAA who will responsible direct to yourselves. Please note the other elements of your holidays e.g. hotel and transfer are still valid. Alternative flights will be offered, if not accepted and agreed by Living Holidays, then you may cancelled them but you will be responsible for any charges levied by the other suppliers to Living Holidays including any cancellation fees - minimum is £25 per person upwards depending of cancellation period before departure and the difference will be sent to you in holiday vouchers, we do not refund monies only vouchers. Please see cancellation fees below.
Accommodation - As we do not control the day to day management of your accommodation, it is possible that we may be advised that the reserved accommodation may not be suitable or available to you prior or upon arrival to in resort. If this happens, we will endeavor to provide accommodation of at least the same standard in the same resort area. If the only accommodation available is of a lower standard then we will refund in holiday vouchers the difference of the brochure/web price between the accommodation booked and that available at the time of your booking.
Important Note - We are not responsible for changes which arise as a result of situations outside of our control such as technical or maintenance problems with means of transportation, changes imposed by re-scheduling or cancellation of flights by an airline or main charterer, war or threat of war, civil strife, cease trading of the company with whom your flight, hotel or transfer is booked, industrial disputes, natural disasters, acts of God, bad weather or terrorist activity.
Late Bookings - Bookings receive within 10 working day of departure constitute a late booking and may result in the booked accommodation being unavailable and a comparable substitute being provided. Living Holidays will always endeavor to inform you of any change prior to departure but reserve the right to inform you upon arrival at your destination airport or replacement hotel if out of normal office hours via the local agents who is responsible for booking your accommodation or transfer.
Cancellations - We reserve the right in any circumstance to cancel your holiday. If we have to cancel your holiday (other than for late or non-payment by you) we will offer you either (i) an alternative holiday of comparable type, though if the alternative offered is at additional cost, the difference will be payable by you and any `No Surcharge Guarantee` on the original booking will not apply or (ii) a full refund of all monies paid will not apply if charges have been levied against Living Holidays by the other providers, in either case being the only recompense which will be due to you.
7. Change made by you
Amendments - If you find it necessary to change your booking to another holiday or if you wish to amend your booking, we will make a minimum charge of £50.00 per person, plus any charges applicable by the ATOL Company that your flights are booked through and/or the accommodation supplier, for each change made. Any alterations to your travel arrangements notified by you less than ten weeks before departure date will be treated as a cancellation of your original booking. The new arrangements including name changes will be regarded as an entirely new booking.
Important note - In each of the above a revised invoice will be sent showing the new details and as appropriate the amendment charges and any additional charges. Please note that all changes must be confirmed in writing by the lead passenger a minimum of two months prior to departure. Thereafter, except as provided by applicable law, cancellation charges, as outlined below, apply. If all names on a booking need to be changed, cancellation charges, as outlined below, apply as at least one name from an original booking must remain. It is not possible to amend from one season to another; cancellation charges, as outlined below, apply.
Accommodation - Some types of accommodation are priced according to the number of people staying there. If changes in your booking are due to someone in your party cancels, we will recalculate your holiday cost based on the new number of people travelling. If fewer people share the accommodation, then the cost for them may go up. This extra cost is not a cancellation charge, and is not covered by your travel insurance.
Traveller(s) details - It is important that you check to make sure that the names, initials and titles on the confirmation and/or ATOL invoices match those in the corresponding passports otherwise the passengers concerned may not be permitted to travel and any applicable insurance will not be effective. Any errors concerning the booking must be notified to Living Holidays within 10 working days of the dispatch of invoice. No responsibility will be accepted for costs arising from none notification of booking errors within this time limit.
Should you wish to change accommodation in resort - a fee of £30 per room, 3 days cancellation fee of the accommodation being vacated plus any additional costs will be chargeable prior to the move being facilitated. Travel costs between properties will be your own responsibility.
Flight amendments in resort - It may be possible subject to availability. However, charter flights are non-exchangeable and cannot be cancelled. New flights may be purchased but existing flights will be forfeited and no refund made.
8. Cancellations made by you
If you wish to cancel a confirmed booking this must be done in writing or email by the lead passenger or nominated name on the booking. These instructions should be supplied to our administration department. We recommend that if sending letters of cancellation are sent by recorded delivery post as non delivery may result in additional cancellation costs. Cancellation takes effect from the date we receive such a letter or fax. If they are received in non working hours, notification will be taken from the next working day. Proof of delivery does not constitute proof of receipt. Cancellation charges will be calculated as set out in the table below, and we will notify you within two weeks of receipt of your cancellation letter.
Period and % of total holiday price (excluding insurance premiums & card charges) chargeable before scheduled departure date that Notice of Cancellation is received are as follows:
Charges - If you cancel your holiday - there is a £25 per person cancellation fee plus:
More than 70 days before - Deposit + any additional charges levied by the tour operator, hotel or other providers of your booking
42-69 Days - 60% + Additional charges levied by the ATOL flight provider / hotel or other providers of your booking
29-41 Days - 70% + Additional charges levied by the ATOL flight provider / hotel or other providers of your booking
1-28 Days - 100% + Additional charges levied by the ATOL flight provider / hotel or other providers of your booking
Special Offer Cancellations - 100% + Additional charges levied by the ATOL flight provider / hotel or other providers of your booking
Please note that if you have to cancel for reasons covered by your travel insurance policy, you will be able to reclaim your cancellation charges. Cancellation charges exclude the safe seat, debit charges or credit charges, these are not refundable.
Any errors must be notified to Living Holidays within 10 days of dispatch of your invoice. Failure to do so will result in the aforementioned charges being levied without exception.
9. If you have reason for complaint
Please note we are only retail agents who are acting on behalf of the tour operator, hotel operator, local hotel or transfer agent. Any complaints arising from your holiday should be reported straight away, in resort, to the local resort agent, resort representative or the resort manager. This is a contractual requirement of these terms and conditions. Most complaints are of a minor nature which can be dealt with in resort. It is essential that you give them the opportunity to help you by letting the representative know quickly if you have any complaint. Should you fail to follow this simple procedure we cannot accept responsibility as they would have been deprived of the opportunity to investigate and rectify any problems. Should the matter remain unresolved to your satisfaction. Prior to leaving the Resort you MUST OBTAIN AND COMPLETE the Customer Service Report Form (CSR) with details of your complaint and ensure that the form is signed off by the locally appointed agent, representative or Area Manager. You should then send this CSR with your complaint to Living Holidays, 21 Lodge Close, Orpington, Kent BR6 0QQ. Please note: without the CSR countersigned no later claims or complaints will be accepted or considered. It is your responsibility to contact the local agent and request a CSR, it is not the local agents responsibility to supply this.
Should you feel that a complaint has not been dealt with to your satisfaction in resort, please write to the Customer Relations Department, Living Holidays Ltd, 21 Lodge Close, Orpington Kent BR6 0QQ within 14 days of your return date quoting your booking reference, date of departure, and most important enclose your copy of the report form. Failure to comply with these conditions will result in nullifying any and all claims arising from the holiday. No claims for expenses will be considered without appropriate receipts or invoices.
10. Your Responsibility
It is your responsibility to ensure that you and all those for whom you are booking are in possession of valid passports and any appropriate visas. You are responsible for any charges, fines etc. that may be levied by authorities in the UK or overseas for non-compliance of regulations in this area and any such amounts will be charged or recharged to you. Similarly, it is your responsibility to check with your doctor as to what vaccinations, or inoculations are advisable for your destination. Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have a medical certificate of fitness to travel. Normally, permission to travel is refused after 32 weeks. Your booking is accepted upon the clear understanding that we cannot be liable if any airline refuses to accept you or any member of your party as a passenger on these grounds.
Transfer Arrangements We act only as retail agents for the in-country agent with whom your transfer is booked. They are responsible for the management of your transfer arrangements. Luggage: It is the customers responsibility to ensure that their luggage is placed on the transfer vehicle and not left anywhere on its own at the airport since this can be classed as a security risk and the authorities will remove it or destroy it if it looks suspicious.
11. Conditions of Carriage / Accommodation
We are neither a carrier nor a provider of accommodation. Transportation on an aircraft, coach, train or ship is subject to the conditions of carriage of that company, some of which limits or excludes liability. These conditions are often the subject of International agreements between countries and copies of the conditions which apply to your holiday journey may be available for inspection at the office of the carrier concerned. Living Holidays Ltd does not enter into an agreement for carriage by air but only undertakes to reserve on your behalf, accommodation on board an aircraft operated by one or other of the airlines mentioned on our website or in our brochure, or such other airlines as may be substituted. The availability or provision of accommodation booked is subject to the house rules of the hotel or other accommodation providing agent or agent undertaking to provide such accommodation.
12. Unused Services
No refund will be due to you in respect of non-use of any part of the travel arrangements made for you.
13. Your Conduct
Living Holidays and its providers of flights and accommodation reserve the right in our absolute discretion to terminate your holiday arrangements without notice should your behaviour be such that it is likely in our opinion to cause distress, damage, annoyance or danger to any other person. In such circumstances, no refund or compensation will be due to you.
Naturally, you are subject to local laws and must respect local culture, customs and dress code. Using or possessing drugs of any kind may result in a jail sentence. If you cause, or appear likely to cause, damage or distress to others or to property, either ourselves or the supplier concerned (air carrier, hotel or ground handler, etc) may terminate their services on the spot without refund or compensation.
14. Content Accuracy
Living Holidays go to great lengths to ensure that the information contained on its website is correct and does not endorse, accept responsibility or liability either directly or indirectly for advertising or claims made by the accommodation supplier or any third party either prior to or after departure. If in doubt, please refer to the description on the Living Holidays website or brochure.
All descriptions and photographs are accurate to the best of our knowledge, but may be subject to change. We will endeavor to advise you of any changes, but cannot be held responsible for incidents beyond our control. Living Holidays acts as a retail agent and our accommodation star ratings are provided by the accommodation suppliers for whom we act as a retail agent. We have no control over the accommodation star rating which may not always reflect expected levels of decor, ambiance or service.
15. Hotel Facilities
Facilities in the hotel description will normally be available and are given by us in all good faith. However, some of these may be withdrawn or restricted at times like low seasons depending on demand and occupancy, otherwise at the discretion of hotel management. There will be some facilities offered by a hotel which are subject to a local charge directly payable to the hotel. These fees are totally at the managers discretion. With facilities such as air-conditioning, if a hotel does not have air-conditioning in every room within our allocation it will be on request, subject to availability and payable locally.
Rooms are reserved in accordance with international hotels agreements, from 12 noon to 12 noon from the day of your departure from the UK to endure that a room is available for you upon arrival. Please note that with night flights this may entail vacating your room at 12 noon on the day of you departure and only actually occupying your room for 13 nights. Most hotels can provide luggage storage and shower facilities and for a small charge payable to the hotel you may be able to keep of your room until departure. This arrangement is made directly with the hotel and is subject to availability as your accommodation contract expires at 12 noon accordingly.
16. Locally purchased Services and Excursions
Please note that if you purchase any additional services locally such as tours and excursions, Living Holidays is not party to these arrangements and you will be bound by the local operator's terms and conditions of booking.
17. Charter Flights
In the sale of charter flights Living Holidays acts as a booking agent on behalf of the various third party suppliers. What this means is that the contract for the charter flight will be between you and the relevant supplier and you will be subject to ours and theirs terms and conditions. Charter flights are usually protected under the ATOL license of their respective suppliers. It is always advisable however to check the protection offered by the supplier of your flight, as Living Holidays shall not have any contractual liability to you in respect to the products purchased.
Because of the sophisticated technology required in obtaining accurate availability from multiple suppliers, errors may occur to this respect. In such case Living Holidays will put its best endeavors to find an alternative flight fulfilling your initial requirements or may reserve the right to cancel the reservation if the supplier is not able to honor the contract.
Amendments or cancellations for these products may levy fees from both Living Holidays and the supplier involved. Living Holidays amendments and cancellation charges are set in the general terms and conditions.
18. Flight Reconfirmation
It is imperative and a strict condition of booking that you confirm your inbound flight details with the local representatives office noted on your tickets (not the local airport authorities who are renowned for giving out of date information. Re-Confirmation should be not more than 48 hours and no less than 18 hours prior to the previously notified flight time. (72 hours if the reconfirmation period falls over a public holiday in either your country of origin or the country you are currently staying). Please be warned that some people rely on third parties (e.g. Hotel receptions) to re confirm their flights, the problem is either they do not reconfirm or do not reconfirm with our local representatives as detailed on the itinerary, so therefore we accept no liability for clients who fail to reconfirm in person and if you do rely on a third person and they give you the wrong information you will have to take it up with them and not us. The system is proven so please use as instructed. As Living Holidays does not operate your flight and only purchase flights on your behalf, flight reconfirmation cannot be made with the local Living Holidays office but must be made with the local office of the airline or its appointed representatives.
19. C.A.A. Rules on Flight Sector Usage
C.A.A. regulations specify that both the outbound and inbound sectors of the air ticket must be used. If the outbound is not used, the passenger will not be allowed to travel home on the inbound flight. Should anyone check in less than 90 minutes before the ticketed departure time, admission to the flight is likely to be refused. Should anyone be refused admission to the flight or destination country by the airline or Government authority, and then we are powerless to assist and cannot be held responsible or liable.
We have taken every possible measure to ensure the confidentiality of your personal information. However, some of the details must be passed to the suppliers associated with your holiday, such as your tour operator, airline, hotel, transport company, insurance provider etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration, if required by them, or as required by law. Please note that once your information is passed onto the suppliers associated with your holiday, then the information becomes subject to their data protection policy. You may obtain a copy of our data protection policy either when you receive confirmation for your holiday or upon request. The data protection policies of the various suppliers can be usually found within their brochures.
21. Jurisdiction and Liability
Your contract with us, made on these terms contained on our website, is subject to English Law and jurisdiction. By booking with Living Holidays you fully agree to the full Terms and Conditions as found on our website
As part of these terms and conditions you also agree that you have read and understood the Holiday Information page on our website.
We are committed to a policy of fair trading and make every effort to ensure you will have an enjoyable holiday with us.