TERMS AND CONDITIONS

“Linger” is a trading name of Linger Travel Ltd (Registered company no: 11492853 Registered office: 15 Red Kite Way, High Wycombe, Buckinghamshire, HP13 5SF – registered in England & Wales on 31 July 2018). These Booking Conditions form the basis of your contract with Linger Travel Ltd (“Linger”, “we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
  2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
  3. he/she is over 18 years of age and resident in the United Kingdom 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; and
  4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Before booking, full details of your proposed trip will be advised to you. Once you have confirmed to Linger that you accept the proposal, you will need to submit a signed booking form and we will proceed to take payment.

All products and services are on a request basis and are subject to availability at the time of booking.

A binding contract between Linger and you (the lead name on the booking) is only formed when we issue our booking confirmation to you or your travel agent after having received payment from you, in cleared funds, of either the required deposit or the full price of your trip (depending on when the booking is made relative to the intended departure date). If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

Please check that all names are the same as the relevant passport, that dates and timings and all other elements of your reservation are correct. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for any additional charges that may arise as a result of alterations that have to be made to the booking.

Your holiday contract with Linger is made up of the following:

  • These conditions.
  • The relevant information in any quote or proposed itinerary (“brochure”). Any changes to the particulars given in the brochure will be set out in your confirmed itinerary or advised in writing. Linger makes checks to ensure that the descriptions, information and opinions given in brochures and used by Linger concerning the hotels, facilities and suppliers are correct, and based on the latest information available at the time of going to press. However, because brochures are necessarily prepared some time in advance, such matters may change by the time you are ready to book your holiday. You holiday contract is made on the basis of the changes notified in your confirmed itinerary or in writing.
  • The booking form. This will provide Linger with information needed to make the holiday arrangements.
  • The invoice.
  • The confirmed itinerary.
  • It is very important to check the details on the confirmed itinerary and invoice when you get them. This is because they set out the details of the holiday Linger believes you have booked. If you think there is an error you should contact Linger immediately so that Linger can sort out any problems surrounding what Linger or you are expected to do. Changes can only be made by the persons signing the booking form or by someone they authorise in writing.
  • Our privacy policy.

• Any other agreement you make with Linger

Our trips are typically priced in GBP Sterling and occasionally in US Dollars or Euros.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays 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; and

(ii)  the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports.

You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

Linger will not give any breakdowns whatsoever of the price of the holiday.

Payment must be made in the currency of the invoice. If you wish to pay in a currency other than that stated in the invoice then you will be responsible for any bank charges that may be incurred. In the case of international payments you should ensure that the full invoice amount is received by us after all bank charges have been levied.

If you are booking within 90 days of the departure date, then full payment is required from you at the time of booking.

If you are booking more than 90 days before the departure date, then you need only pay the deposit shown on the invoice at the time of booking (typically 30% of the trip cost unless advised otherwise), and you must pay the balance at least 90 days’ prior to departure. Linger will send a reminder approximately 100 days before the departure date. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 5 below will become payable.

Cutting your holiday short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

By you: If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. A change must be requested in writing by the person who signed the booking form.

If you or any person on the holiday is prevented from travelling, Linger will agree to that person’s booking being transferred to another person who satisfies all the booking terms and who agrees to be bound by these booking terms and all other terms of the contract between us, subject to both persons accepting joint and several liability for full payment of the price and Linger’s charge for confirming the transfer and any additional costs arising from the transfer. Linger must be given reasonable notice of the transfer request, which is considered to be at least 7 days prior to the outward departure date. If you are unable to find a replacement, cancellation charges as set out in clause 5 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

Linger will do our best to assist you if you wish to make changes to your booked holiday but cannot guarantee that we will be able to meet your requested change. There will be an administration charge of £25 per change per person in your party affected, and you will also have to pay any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 5. Please note that the administration charges are payable whether or not Linger is successful in making the change.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

By Linger: It is unlikely that Linger will have to change your booking but holiday arrangements are made many months in advance and Linger is dependent upon a number of essential suppliers. Linger therefore reserves the right to do so at any time.

If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change.

If Linger makes a significant change to an essential term of the holiday contract before departure then Linger will notify you as soon as possible. Examples of “significant changes” include the following, when made before departure:

(a) A change of accommodation area for the whole or a significant part of your time away.
(b) A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
(c) A change of outward departure time or overall length of your arrangements by more than 12 hours.
(d) A change of UK departure airport except between:

I.  The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend
II.  The South Coast airports: Southampton, Bournemouth and Exeter
III.  The South Western airports: Cardiff and Bristol
IV.  The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield
V.  The Northern airports: Liverpool, Manchester and Leeds Bradford
VI.  The North Eastern airports: Newcastle and Teesside
VII.  The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen

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

If we have to make a significant change, 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:

  • accepting the changed arrangements; or
  • having a full refund; or
  • accepting a substitute package from Linger of a comparable standard if one is available (and where that substitute is of a lower standard to the travel arrangements booked we will issue a refund of the difference in price.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

If after departure Linger is unable to provide a significant proportion of the services it had agreed to provide as part of the holiday contract, Linger will notify you as soon as possible and do its best to make suitable alternative arrangements at no extra cost to you. If Linger cannot do so or you refuse to accept these for good reasons, Linger will arrange to fly you back to your UK departure airport (if the arrangements Linger agreed to provide included flights) or to transport you to the point Linger’s contracted services commenced (if elsewhere than your hotel) as soon as it reasonably can. Linger will, if appropriate, also pay you compensation as set out below.

By you:

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. A cancellation must be in writing signed by the person who signed the booking form. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

Period before departure in which you notify us Cancellation Charge
More than 90 days Deposit only
60 – 90 days 40% of holiday cost plus amendment charges paid
30 – 59 days 70% of holiday cost plus amendment charges paid
Less than 30 days 100% of holiday cost plus amendment charges paid

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” 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.

This outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

By Linger:

It is unlikely that Linger will have to cancel your holiday but arrangements are made many months in advance and Linger is dependent upon a number of essential suppliers. We will not cancel your travel arrangements less than 90 days before your departure date, except for Unavoidable & Extraordinary Circumstances or failure by you to pay the final balance or because the minimum number required for the package to go ahead has not been reached. The minimum number required will be provided to you with the holiday description, along with the time limit for us to tell you if the package has to be cancelled. We may cancel your holiday before this date and Linger will notify you as quickly as possible of any cancellation.

If we have to cancel, we will tell you as soon as possible and we will offer you the choice of:

  • having a full refund; or
  • accepting a substitute package from Linger of a comparable standard if one is available (and where that substitute is of a lower standard to the travel arrangements booked we will issue a refund of the difference in price).

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 we make a significant change, you do not accept the changed arrangements and cancel your booking;
  • If we cancel your booking and no alternative 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*
More than 90 days Nil
60 – 90 days £20
30 – 59 days £30
Less than 30 days £40

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

  • where we make a minor change;
  • where we make a significant change or cancel your arrangements more than 90 days before departure;
  • where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
  • where we cancel your arrangements and notify you 20 days or more before departure because the minimum number required for the package to go ahead has not been reached;
  • where we have to cancel your arrangements as a result of your failure to make full payment on time;
  • where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
  • where we are forced to cancel or change your arrangements due to Unavoidable & Extraordinary Circumstances (see clause 10).

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

If you have a complaint about your holiday then you should immediately contact Linger’s representative, even while on holiday, because matters are most easily resolved on the spot where Linger’s representative can see and understand the exact nature of the problem you have.

It is unreasonable to take no action while you are on holiday, then complain afterwards. If Linger’s representative cannot sort out your problem before you return home then you should contact Linger within 28 days of returning home. If you do not complain within that period then this may affect Linger’s ability to investigate your complaint and may impact the way that your complaint is dealt with.

You are required to communicate any lack of conformity with the booked holiday which you perceive during the performance of the package, in accordance with regulation 15(3) of the PTR.

You can access the European Commission Online Dispute (ODR) Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute claim or other matter which arises between you and Linger will be governed by the Courts of England and Wales. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

We recognise the trust you put in us to plan your travel. We will do our utmost to create and deliver the perfect trip for you. Our aim is to provide you with a reliable and personalised service. We will respond to your messages promptly and will keep you informed as your itinerary evolves. If at any time you have questions or concerns let us know immediately so we can address them.

(1)  We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services 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 services included in this package. 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 Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(2)  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:

(a)  the acts and/or omissions of the person affected; or

(b)  the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or

(c)  Unavoidable & Extraordinary Circumstances (as defined in clause 10).

(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 don’t 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 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 contract 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 contract.

ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, 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.

(4)  It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(5)  Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.

(6)  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 if we breached our contract with you; or

(b)  relate to any business.

(7)  We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. 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.

(8)  Where it is impossible for you to return to your departure point as per the agreed return date of your package, 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 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.

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Unavoidable & Extraordinary Circumstances”. For the purposes of these Booking Conditions, Unavoidable & Extraordinary Circumstances means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include 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 and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Unavoidable & Extraordinary Circumstances, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

We are committed to making your trip as rewarding and fun as possible. But we require your help to do so. For example, we rely on you to provide us with necessary personal information (age, passport & flight details, allergies, etc.) and travel preferences so we can craft the right trip for you. We also ask that you respond to our questions in a timely manner so as not to delay the planning process.

It is your responsibility to become informed about the most current travel advisories and warnings for countries of travel. We will do our best to keep you informed of major developments but you must contact your relevant government agency to be aware of any travel advisories and warnings. Should you choose to ignore such travel advisories and warnings, the Traveller assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.

It is your responsibility to ensure that you have a valid passport and meet all necessary entry requirements of the country or countries you will be visiting. These requirements vary by country and nationality and can change from time to time. We will do our best to inform you of these general requirements, but we ask that you contact the appropriate embassy(ies)/consulate(s) in your country of residence.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,

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

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us.  We do not accept bookings that are conditional upon any special request being met.

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

We strongly recommend that you purchase trip cancellation insurance and that you ensure you have appropriate personal and health insurance before you take a trip with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

It is your responsibility to ensure that you have received all appropriate vaccinations. Please consult your doctor before travelling with us and take all necessary precautions.

We provide financial security for flight-inclusive packages and ATOL protected flights by way of  our Air Travel Organiser’s Licence number 11545, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.

When you buy an ATOL protected product 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.  For further information, visit the ATOL website at www.atol.org.uk.  The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA).

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 (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.

Linger Travel Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with Linger Travel Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Linger Travel Limited.  This insurance has been arranged by The Travel Vault in conjunction with Towergate Travel through Zurich Insurance PLC.

Claims

In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk . Please ensure you retain the booking confirmation form as evidence of cover and value.

Policy exclusions: This policy will not cover any monies paid for Travel Insurance

If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.

Your privacy is important to us. We are required to collect personal information (such as passport details) in order to plan your trip. We appreciate the sensitive nature of this information and will not share it with third parties (other than as required for booking air, hotel or other reservations as part of your trip) without your express written permission. By signing this Agreement and/or providing your initial deposit, you are consenting to us collecting and using your personal information as required to plan your trip and provide you with proper services.

At your request, we may recommend services of third parties outside the scope of your trip. Although we try to recommend only companies that provide the highest quality of service, we cannot guarantee services provided by these third-party providers.

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

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.  Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.  Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it.  The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure.  You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times.  If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban_en) detailing air carriers that are subject to an operating ban with the EU Community.

These booking conditions are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make  your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Unavoidable & Extraordinary Circumstances (See clause 10).

Travel involves risk. Our trips are often off the beaten path and in developing countries with transportation, communication and healthcare standards that are different from what you may get at home. Our trips may be physically demanding and there is a risk of serious personal injury, including permanent disability and death from accident, illness or the actions of negligence of other persons. Medical facilities and services may not be readily accessible and may not be sophisticated.