Terms and Conditions

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These Booking terms and conditions govern all bookings that you make with Travelway Limited, a company registered in England with company registration number: 4512846 and registered office address of 5th floor suite 04,  Westworld, West Gate, LONDON, W5 1DT. Below are some of the obligations which are required under this agreement. Please read them carefully. These terms and conditions govern all bookings that you make with Travelway ltd “we”, “us” and “our”.  Please read these Booking Conditions carefully prior to making any bookings. References to “you” and “your” in these Booking Conditions means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

References to Travel Arrangements in these Terms and Conditions are to the flights, accommodation, transport, and other services we feature on our website, sell in our offices or call centre. References to Supplier/Principal means the third-party supplier of the Travel Arrangements including but not limited to airlines, accommodation providers, transfer providers, car hire companies, tour operators and attraction providers.

By making a booking the first named traveller on the booking must take responsibility on behalf of all the persons detailed on the booking that he/she;   

  1. Has carefully read the booking conditions, consents to our use of personal data in agreement with our Privacy Policy. This includes where relevant, special categories of data (such as information on health conditions or disabilities and dietary requirements).
  2. Agrees to the financial responsibility of the payment  for the booking. When making a booking you must pay the full amount in clear funds and a confirmation invoice will be provide either ourselves or the supplier in question. 
  3. Must be over 18 years of age at the time of booking and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.

No commitment will be entered into between the applicant and Travelway Limited unless a confirmation invoice has been received. It is therefore in your interest to ensure that you are in receipt of a valid confirmation invoice when a booking with us, you thereby accept this agreement and make it a legally binding contract between us.

As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and whether you book a Single Component Booking or Package Holiday and we have tried to set them out below as clearly as possible:

(A) Section A contains the conditions that will apply to all bookings you make with us;

(B) Section B sets out the additional terms and conditions that will apply when you make a booking with us for Package Holiday.

SECTION A – APPLICABLE TO ALL BOOKINGS

Your booking with us is subject to these Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and we advise you to read both carefully prior to booking. When making your booking we will arrange for you to enter a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. The Supplier/Principals terms and conditions may limit and/or exclude the Supplier/Principals liability to you.

Where Travelway ltd sell a single component travel service to customers such as flight, hotel, event ticket or car hire only, the company acts as an agent in respect of all such bookings and Section A applies to all such bookings. When you make a booking, you can choose what you want to book with us—whether that is a whole holiday (accommodation, flights and transfers) or just parts of it  such as flight or accommodation. These bookings will be treated as Single Component bookings and will not be afforded the benefit of the rights under the Package Travel and Linked Travel Arrangements Regulations 2018.

1.FLIGHT BOOKINGS

1.1 FARES and AVAILABILITY: Airfares can increase quickly after initial quotation and so please make payment within 1 hour  of your booking having been confirmed to guarantee the fare offered. On request/hold status booking, we cannot guarantee either the availability or pricing. No commitment of will be made and a contract will only be binding after  you have made a payment.  If your fare has changed by the time you make payment, you will have a right to cancel and claim a full refund if you do not want to proceed with the booking.

1.2 INDIRECT FLIGHTS: Please note that some flights may be indirect and fly via other airports. Where an indirect flight is offered, full details of any flight stopovers will be made clear to you at the time of booking. Flights that only touches down in an airport are not considered indirect but assumed in our system as direct flight to the destination you are first un boarding the aircraft.

1.3 CHILDERN: you must abide by with the air transport Supplier’s Rules and Restrictions on the carriage of children. Specifically, that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Furthermore, he/she must abide that a child/child under 2 years will not be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 16 will only be carried in accordance with the air transport Supplier’s Rules and Restrictions.

1.4 SCHEDULED AIRLINE FAILURE INSURANCE (OR SAFI); can be purchased at your option at an additional cost to protect your payments in the event of airline failure. Please ask to see the terms of the SAFI policy for precise details of what is covered.

1.5 BAGGAGE ALLOWANCE: Airline baggage allowance varies from airline to airline and from different class of services and free baggage is not guaranteed. It is the customer duty to be aware  their baggage allowance. We will provide baggage information. By agreeing to these terms, you are aware of your baggage allowance. Our prices include the standard baggage allowance allowed by the airline. The allowance you are entitled to will be shown in the booking conditions of your airline. Some airlines may allow additional luggage to be added after the booking – this depends on the Terms and Conditions of the individual airline to which you should refer.

1.6 CHECK-IN: Check-in procedures are included in the booking confirmation email Travelway ltd send to you. Some airlines will require this check-in to be carried out online; where this is required, failure to check-in online will result in check-in fees at the airport which you will be liable to pay for. It is your sole responsibility to follow the airline’s check-in procedures and to check-in in good time for your flight. Tickets cannot be refunded or changed because of a no show or late check-in at the airport. To allow adequate time for security and check-in procedures, we recommend that you arrive at the airport 3 hours before your departure time. Check-in counters generally close 60 minutes prior to departure.

2. Checking flight details

All applicants for travel with Travelway Limited must ensure that you check the entire itinerary prior to completing the booking. In addition, please make sure you check all the passenger name details including the title as changes to these after booking can result in amendment fees or in some cases cancellation.

If you book online, you agree that any such discrepancy/error while entering the information or while selecting the arrangements may lead to additional costs which will be borne by you. We hold no responsibility for any discrepancy whatsoever in the information that you provide or the way it is entered online.

If bookings by telephone: you must provide us with all the information which we require. You must also ensure that all information which you provide is accurate and that passenger information is provided as it appears on the passport.

Reconfirming all Flights, you must telephone or email us or the relevant Supplier/Principal at least 72 hours before the departure time shown on your ticket to confirm that there have been no changes. This applies to both outbound and return flights. We will not be liable for any additional costs due to your failure to reconfirm flights. Reconfirming your flight at least 72 hours before departure is a minimum requirement.

3. Documentation

Travel documents will be sent by email. It is your duty to check that all travel documents issued are correct. Any errors must be notified to us immediately or on ticketed date during working hours. If you do not contact us immediately or on the ticketed date during working hours, we cannot accept any liability and any changes may incur additional cost as applicable.

Visa or any other documentation or authorization for travel to your chosen destination may be required. It is your responsibility to ensure that carry any relevant documentation and it is your responsibility to check whether there are specific requirements for your holiday. You are recommended to contact any applicable Passport Office and/or Embassy Visa Unit and/or the applicable airline, hotel, and/or transfer, or another other services  prior to booking.

4.Price and Payment of balance

4.1 PRICE: Travelway limited uses third party data in pricing it’s flights and holidays. These third parties use a variety of procedures to gain this information including holding cached data. It is possible that this data may be occasionally out of date and offer flights and holidays that are not available (or available at the price shown). We will try to have the correct information, however sometimes it may not be possible to honour the fare provided. In this case you will be offered either the same service at a different price or  a different service.  Occasionally technical errors do occur, and Travelway ltd reserves the right to cancel any transaction in which a product has been sold at an incorrect value. All services offered are subject to availability. Fares are not guaranteed until they are ticketed.

The price of your holiday includes all taxes and additional fees, charges and costs that are known at the time of your booking. Where such additional taxes, fees charges and costs cannot be calculated prior to you making a booking you will be given an indication of the type of additional costs that you may still have to bear.

In order to book your chosen travel arrangements, you will be required to pay the full balance of all services must be paid in full price or the full balance at the time of booking depending on when you make your booking relative to the travel departure date. at the time of booking regardless of arrangements being confirmed.

4.2 PAYMENT:

Payment must be made to Travelway ltd account through bank transfer or Payment can be made by Switch/Delta cards and all major credit cards. The Provider reserves the right to charge you in addition for any handling fees incurred by it in relation to bookings made by credit or charge card. You will be notified of the relevant charges prior to issue of a confirmation invoice.

Once payment is made, we will make verification checks to prevent payment card fraud to protect both ourselves and the cardholder. Should we require further security documentation such as confirmation of an address or a passport copy to verify the card user, we will contact you for this information and will require an urgent reply.

Travelway Limited  reserves the right to pass on any charges relating to credit card charge backs. All credit card charges are non-refundable.  You are advised to pay  If the balance of the given services,  is not paid by this time, Travelway Limited reserves the right to cancel the booking without notice.

5. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests.

Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).

In addition, you must pay the relevant applicable charges, penalties, and administration fees per booking for any amendments.

Please note:

(a) If you make a change to your booking which incurs an additional charge, you will be required to pay the full cost of the price increase at the time you make the change.

(b) some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

6. Change and Cancellations by The Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them. We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal, but we will have no further liability to you.

7.Flights Changes and No-Show

7.1 CHANGES; In the event where the customer wants to change the Travel Service purchased from the customer, is subject to the airline conditions and will have to pay any additional charges that may occur. This will include any changes fees and/or fare difference and administration fees. Please see Clause 5 above for more information.

If a schedule change occurs to your itinerary after the full balance of the services is paid the outbound or inbound flights relevant supplier’s decision is final and amendment charges may apply. We will do our best to notify you on behalf of carrier. Should a schedule change occur to your itinerary after full balance/ticket issue, on either the outbound or return flights the relevant supplier’s decision will be final and amendment charges may apply.

7.2 NO SHOW: In the event where an airline has deemed a ‘NO SHOW’ by the airline one or more sectors your flight. Airline will cancel all sectors on your itinerary ticket. You will need to make alternative arrangement at your own cost for other sectors of travel.

7 Flight Cancellation:

 Most flight bookings are non-refundable by the airline and any amendment or cancellation will incur charges. See the individual airline’s booking conditions for further details and below. As we are your booking agent, please contact us in the event of any amendment or cancellation.

In the event of withdrawal of the Travel Service purchased from the customer, the relevant will be subject to applicable charges, penalties, and administration fees (Please see Clause 5 above for more information). If partial sectors are cancelled airlines will cancel all sectors and you are not entitled to a refund for that or any other sectors on your itinerary/ticket. You are responsible to make alternative travel arrangements at your own cost for any other sectors of travel.

If your flight is cancelled, your rights and remedies will be governed by the specific airline’s conditions. If a schedule change happens

All changes are subject to administration fees;  This may entitle you to

  1. Services on another flight with the same airline and destination
  2. Re-routing to another destination with the same airline
  3. A refund
  4. Some other right or remedy.

Where you have booked a Package Holiday, additional terms and conditions apply to your booking, please see clause 24 for further details.

8.Refunds

All refunds will not be paid until they have been received by Travelway ltd from the relevant airline. This may usually incur a delay of 12-16weeks but in some cases i.e. unforeseen circumstances this delay may be increased by up to 9 months.

Not all taxes are refundable and subject to the specific airline conditions. Please contact us for the exact amount that will be refunded.

Please note that

  • All Booking Fees are non-refundable.
  • All SAFI (Scheduled Airline Failure Insurance) charges are non-refundable.
  • All Protection & Bonding Levy charges are non-refundable.
  • The above non-refundable charges are applicable in all circumstances.
  • We reserve the rights to charge an administration fee (currently £25) when administrating a booking in any circumstances.

9.Health

It is your responsibility to notify us of any medical conditions and reduced mobility or any underlining health conditions before you book so we can ensure suitability of your flight. Check with your health professional 4 to 6 weeks before your trip to check whether you need any vaccination or preventive measures  as per Foreign and Commonwealth Office ( FCO). Recommended inoculations for travel may change at any time and you should consult your health professional on the current recommendation before you depart. 

We can provide general information about the health formalities in your chosen destination of booking, however it is your responsibility to check, comply, understand and confirm your own specific circumstances with the relevant Embassy Visa Unit and/or the applicable airline, hotel, and/or transfer prior to booking.

Although we can provide general information about the passport, visa (including approximate time to obtain) and health formalities in your destination countries, it is your responsibility to check, fulfil and confirm your own specific circumstances with the relevant Embassies and/or Consulates and your doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or heath formalities. You agree to reimburse us in relation to any fines or other losses which we incur because of your failure to abide by with any passport, visa, immigration requirements or health formalities.

10. Special Requests and Medical Problems

If you have any special requests, please advise us at time of booking. Although we will endeavour to pass any such requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing before of booking giving full details. Regrettably, many overseas destinations do not have even basic facilities required by disabled travellers. If we feel unable to properly accommodate your needs, we must reserve the right to decline/cancel your booking and charge any applicable cancellation charges.

11.Behaviour

All customers agree to take accountability ensure that you and members of your party  behave in a in an orderly and acceptable manner and not to disrupt the enjoyment of others. Under no circumstances should you and/or members of your party behave in a way which risk any loss or damage property belonging to others or causes offence to others. . If in  our reasonable opinion or the supplier/principal’s opinion or in the opinion of any other persons in authority you are behaving in such a way to cause or to be likely to cause distress, danger or annoyance to any third party or damage to property to cause a delay or diversion to transportation, the supplier reserves the right to terminate your booking immediately with no further liability to you. Any payments for any such damage or loss must be made to the direct supplier or owner or manager. Our and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. you are responsible for meeting any claims (including legal costs) subsequently made against us because of your actions, together with all costs we incur in pursuing any claim against you.

12. Telephone Calls

We reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed.

13.Our responsibility

 The first named traveller and/or party members contacts is with the supplier/principal and its booking conditions apply. As agent, Travelway Limited accepts no responsibility for the actual requirement of the travel arrangements. Our responsibility is limited to making a booking in accordance with your instructions and information that provide us. We do not accept for any responsibility information about the travel arrangements that we pass on to you in good faith. We will accept responsibility for the proven negligent acts and / or omissions of our employers, agents, whilst acting within the scope of or in the course of their employment in respect of claims arising as a result of death, bodily injury or illness to you or any member of your party under these circumstances;

Liability will only be accepted if you can prove that the death, injury, or illness was caused by the negligence of Travelway Limited , its servants, agents, suppliers, contractors, or sub-contractors.

No liability can be accepted for any negligent acts or omissions of sea or air carriers, whose responsibilities are governed by international convention which may limit or exclude liability. The conditions which may apply can be obtained from our offices at 4th floor suite 10, Westworld, West Gate, LONDON, W5 1DT.

14. Events beyond our control

Except where otherwise expressly stated in these Terms and Conditions neither we nor the Supplier/Principal will be liable or pay you compensation if our/their contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Terms and Conditions, Events Beyond Our Control means any event beyond our, the Supplier/Principal or any end suppliers control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include damage or expense arising from war, terrorism, threatened or actual civil unrest, closure of airports, industrial action, threatened or actual or any event outside our control where such events delay, extend or compel a change in your travel arrangements.

15. Data Protection

To process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide. Please see our Data Protection and Privacy Policy here for further information.

16.Complaints

In our capability of agent, the contract for your arrangements is between you and the Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem with your travel arrangements whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure, there will be less opportunity for the principal/supplier to investigate and rectify your complaint. As a result, the amount of compensation you may be entitled to may be reduced or you may not receive any at all.

We can assist you with any complaints you may have if you contact our Customer Services no later than 28 days after your return. Please provide us with the full details of your complaint and the supplier/principal concerned, a copy of any report received by you in connection with the problem and your booking reference number. We strongly recommended that you communicate any complaints to the supplier of the services in question without delay.

17. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us or the applicable supplier. 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 ourselves or the supplier concerned.

18. Law and Jurisdiction

These Terms and 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.

SECTION B: PACKAGE HOLIDAY TERMS AND CONDITIONS

This section only applies to Package Holidays organised by Travelway Limited.                          

This section B will apply to your booking in addition to Section A.

Definition of a Package

When your booking is for a package, where Travelway limited are acting as an organizer and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions. We still act as agent for the supplier/principals of your chosen travel arrangements and your contract we will be with the supplier/principals. As such, we are responsible to appropriately provide all the travel services included in your package, as stated in your booking confirmation.

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

  1. carriage of passengers; or
  2. Accommodation or;
  3. rental of cars, motor vehicles or motorcycles (in certain circumstances); and
  4.  any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

– do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or

– are selected and purchased after the performance of the transport, accommodation or car rental has started.

Where you have booked a Package, we will accept responsibility for it in accordance with these Booking Conditions as an “organiser” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018.

19. Pricing

Where you have booked a Package holiday, we reserve the right to increase the price of confirmed Travel Arrangements within that Package solely to allow for increases which are a direct consequence of changes in:

(i) the price of the carriage of passengers resulting from the cost of fuel or other power sources

(ii) the level of taxes or fees applicable to the Travel Arrangements imposed by third parties not directly involved in the performance of the Travel Arrangements, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

iii) the exchange rates relevant to the Travel Arrangements.

You will be charged for any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed Package holiday (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another Package 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 not forming part of your Package holiday. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on your confirmation.

Should the price of your Package holiday go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee £100 pounds. However, please note that Travel Arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your Package Holiday due to contractual and other protection in place.

There will be no change made to the price of your confirmed Package holiday within 30 days of your departure nor will refunds be paid during this period.

20. Transferring Your Package Holiday Booking

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

– that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Package holiday.

– we are notified not less than 30 days before departure

– you pay any outstanding balance payment, an administration fee £10.00 per booking where the transfer is requested more than 30 days before your departure date; and

– the transferee agrees to these Terms and Conditions, the Supplier/Principals terms and conditions and all other requirements applicable to the Travel Arrangements making up the Package Holiday.

– You and the transferee remain jointly and severally liable for payment of all sums.

If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 5. Otherwise, no refunds will be given for passengers not travelling or for unused services.

21. Cancellation of your Package holiday by you

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests.

Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).

In addition, you must pay us the relevant will be subject to applicable charges, penalties, and administration fees per booking for any amendments. For cancellations, the service charge is £100 per booking 30 days or more before departure date.

(b) some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

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

If you have booked a Package holiday , you have the right to cancel your confirmed Package 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 Package Holiday or significantly affecting transport to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

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

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

23. If the Supplier/Principal Changes or Cancels your  Package holiday

Where you have booked a Package Holiday and the Supplier/Principal makes a significant change to or cancels the Travel Arrangements which form your package holiday we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: If the Supplier/Principal makes an insignificant change to your Travel Arrangements, 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 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. Please note that carriers such as airlines used in the brochure may be subject to change.

Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements. Examples of “significant changes” include the following, when made before departure:

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

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

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

A change of UK departure airport except between:

The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

The South Coast airports: Southampton, Bournemouth and Exeter

The South Western airports: Cardiff and Bristol

The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

The Northern airports: Liverpool, Manchester and Leeds Bradford

The North Eastern airports: Newcastle and Teesside

The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.

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

If the Supplier/Principal has to make a significant change or cancel your Travel Arrangements, 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:

  1.  (for significant changes) accepting the changed Travel Arrangements; or
  2.  having a refund of all monies paid; or
  3. accepting an offer of alternative travel arrangements of comparable or higher standard if available (at no extra cost); or
  4. if available, accepting an offer of alternative travel arrangements of a lower standard, with a refund of the price difference between the original Travel Arrangements and the alternative travel arrangements.

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 travel arrangements.

Compensation

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

– If, where the Supplier/Principal makes a significant change, you do not accept the changed Travel Arrangements and cancel your booking;

– If the Supplier/Principal cancels your booking and no alternative travel arrangements are available.

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*

60 days or more Nil
59 – 42 days prior to departure£10 pounds
41 – 29 days prior to departure£20 pounds
28 – 14 days prior to departure£30 pounds
Less than 14 days prior to departure£35 pounds

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

– where the Supplier/Principal makes an insignificant change;

– where the Supplier/Principal makes a significant change or cancels your Travel Arrangements more than 60 days before departure/start date;

– where the Supplier/Principal makes a significant change and you accept those changed Travel Arrangements or you accept an offer of alternative Travel Arrangements;

– where the Supplier/Principal has to cancel your Travel Arrangements as a result of your failure to make full payment on time;

– where the change or cancellation by the Supplier/Principal arises out of alterations to the confirmed booking requested by you;

– where the Supplier/Principal is forced to cancel or change your Travel Arrangements due to Events Beyond Our Control (see clause 14 above).

If the Supplier/Principal becomes unable to provide a significant proportion of the Package holiday that you have booked after you have departed, we will, if possible, make alternative Travel Arrangements for you at no extra charge and where those alternative Travel Arrangements are of a lower standard, provide you with an appropriate price reduction.

24. Our responsibilities in Respect of Package holiday

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

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

  • the act(s) and/or omission(s) of the person(s) affected; or
  • the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Package holiday and which were unavoidable and extraordinary; or Events Beyond Our Control (as defined in clause 14).

3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which do not involve injury, illness, or death

The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel Travel Arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your Package Holiday booking with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this Package Holiday booking.

ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you arising out of your Package holiday booking, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

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

It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our Supplier/Principal(s) strictly in accordance with the complaint’s procedure set out in these conditions.

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

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

(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur;

(b) relate to any business; or

(c) indirect or consequential loss of any kind.

We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our advertising material / on our website. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

Where it is impossible for you to return to your departure point as per the agreed return date of your Package holiday, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

26. Prompt Assistance for Packages Holiday

If you have booked a Package holiday and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. We will provide you with appropriate information on health services, local authorities, and consular assistance, and with distance communications and finding alternative Travel Arrangements. Where you require assistance that is not owing to any failure by us, our employees, or sub-contractors, we will not be liable for the costs of any alternative Travel Arrangements or other such assistance you require. Any Supplier/Principal, airline or other transport supplier may, however, pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms and 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 negligence. We can be contacted on 02089002772 or info@travelwayltd.com .

27.Financial Protection

Your Financial Protection.

“When you buy an ATOL protected fight 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.”

28)Changes to Terms & Conditions

Travelway Ltd reserves the right to change or update the Terms and Conditions without prior notice. The current version of the Terms and Conditions will be emailed to you containing all changes and the dates they are coming into effect.  The continuation of using our services following any changes to the Terms & Conditions shall constitute your acceptance of such changes.