TERMS & CONDITIONS
Booking Terms & Conditions – to be inserted into Member booking conditions
Please note that the Foreign, Commonwealth & Development Office (FCDO) currently advises against all but essential travel to a number of overseas destinations, including popular holiday destinations in which we operate. However, many of these destinations remain open and welcoming to UK tourists and flights to and from these destinations continue to operate. Whilst holiday destinations remain open to UK tourists, flights continue to operate and holiday services can be performed, we will continue to offer holidays to our customers who wish to travel.
If you book a holiday with us during the Covid-19 pandemic, you confirm that you have checked, understand and accept the FCDO travel advice relating to your chosen destination, including where there may be a requirement on you to quarantine upon your return to the UK (or in destination), and understand and accept that there is a heightened risk of travelling during the Covid-19 pandemic, beyond that associated with travel during ordinary times. You are also required to purchase a specialist travel insurance which includes certain cover for Covid-19.
You are required to read and accept this Acknowledgment of Risk [INCLUDE LINK TO WAIVER] which hereby forms part of your contract with us.
For up-to-date travel advice from the UK government, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk. We recommend that you consult these websites before booking in order to make an informed decision about your chosen destination, and again before departure.
You must purchase specialist travel insurance policy available which includes specific cover for Covid-19 related issues and incidents which may affect your travel arrangements [and travelling to a destination subject to a FCDO advisory against travel], You can choose to purchase the travel insurance offered by us on our website or a comparable alternative. It remains your responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for your particular needs. Please read your policy details carefully and take them with you on holiday. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
Cancellation – the following clauses are in addition to our standard cancellation terms and charges:
Where you are choosing to travel to a destination subject to the FCDO advisory against non-essential travel, you accept that once your booking has been confirmed, if you decide not to travel due to the FCDO advisory, you will have to pay our standard cancellation charges as shown in clause xx of these booking conditions – you are not entitled to cancel and receive a full refund in these circumstances, as it is assumed and you confirm that you have made your booking with full knowledge of the FCDO advisory against non-essential travel.
Where your chosen destination is exempt from the FCDO advisory against non-essential travel at the time of booking but is subsequently removed from the FCDO exemption list and at that point becomes subject to the FCDO advisory against non-essential travel, you accept that you will not have the right to cancel your booking and receive a full refund. If you choose to no longer travel in these circumstances, you will have to pay our standard cancellation charges as shown in clause xx of these booking conditions, as you made your booking with full knowledge of the risks of travelling during the Covid-19 pandemic.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
If this happens within 14 days of your departure date, you must contact us immediately as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
If this happens whilst you are on your holiday, please notify us immediately and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. Your travel insurance may cover some of these costs for you – please check the policy wording.
- Your travel insurance may cover some of these costs for you – please check the policy wording.
Your holiday experience
You acknowledge that the suppliers providing your holiday will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability and temperature testing. We do not expect these measures to have a significant impact on your enjoyment of your holiday and all measures will be taken with the purpose of securing your safety and those around you.
Events Beyond Our Control
In these booking conditions, “Events Beyond Our Control” means a situation which is beyond our or the supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in these booking conditions, we have no liability including for compensation, costs and expenses in such situations.
Please take time to read carefully the following terms and conditions for your own information and protection. It is your responsibility to ensure that you have read and understood the various terms associated with your contract before placing any bookings.
Except where otherwise specified, we, Butterfly Holidays Unit 6 Fulshawhead Farm, Pasture Lane Barrowford Lancashire BB9 6RA only as an agent in respect of all bookings we take and/or make on your behalf, either as agent for our supplier or as an agent to help you to arrange individual holiday products. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (the ‘supplier(s)’).When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking with us is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier’s liability to you. Copies of applicable conditions are available on request from us.
You may decide to make one or more bookings with us at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 but may constitute a Flight Plus for the purposes of the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”). We provide financial security for Flight Plus bookings as specified in section 23.
In accordance with the Turkish Consulate, all customers travelling to Turkey must apply for a VISA waiver in advance.
Please note that where you email us, we will also reply by email and you agree that email correspondence will be sufficient for the purposes of any written notification we provide to you. When you make your booking you must ensure you provide a valid email address which is regularly monitored by you.
We would also recommend adding us to your ‘safe list’. If you change your email address, you must advise us immediately so that we can update our records. We accept no liability for any failure on your part to comply with the requirements in this clause.
1. Your Holiday Contract
When you make a booking you guarantee that:
(a) You have the authority to accept, and do accept on behalf of your party, the terms of these booking conditions;
(b) The lead passenger is at least 18 years old and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.
2. Payments & Deposits
In order to confirm your chosen arrangements, you must pay a deposit or payment in full at the time of booking, as required by the supplier of the arrangements in question and depending on the type of arrangements in questions and the length of time before departure. You must also pay all applicable insurance premiums and administration fees. You will be advised of the exact amount of payment required at the time of booking. Your booking is confirmed and a contract between you and the supplier will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport
As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us. Even if a deposit payment is permitted by the supplier, you will still have the option to make payment in full if you wish to do so.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. Unless you advise us that you wish to cancel your booking before the balance due date, we will automatically take payment from your credit card of the balance due. By agreeing to these booking conditions, you consent to this procedure. We reserve the right to charge a credit card fee which will be a percentage of the transaction value where payments are made by credit card.
If you do not pay your outstanding balance by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.
Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
3. Changes and Cancellations
Any cancellation or amendment request must be sent to us in writing, by email and will take effect on the day we receive it. You can also write to us by post. Proof of sending is not proof of receipt; therefore you are advised to also confirm all changes to our Customer Services Department by telephone. 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 such requests will be met.
Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements. The supplier 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 an administration fee of £25.00 per amendment per booking. You will be notified of the exact charges at the time of amendment. Please note that most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Where you wish to change the name of your booking, you will have to pay the supplier’s charge plus our £25 administration charge; however it is worth noting that most airlines will treat a name change as a cancellation, in which you case you will have to pay any applicable cancellation charges and re-book with the airline. Bookings made with low cost carriers are subject to 100% cancellation charges from the moment they are booked. Other amendments or changes to your booking must be received in writing from the lead named passenger and from the email address the booking relates to. Charges may be levied by the tour operator or by your chosen suppliers, for which you will be advised at the time of the amendment. All charges quoted are subject to change by our suppliers without notice on a daily basis. Charges detailed below, will apply from the moment you place a booking through us. Please note that any incorrect information on the documentation received from us, must be brought to the attention of the Administration Department of sunshine.co.uk, within seven days of the date of issue of the received documents. We will not accept responsibility if you neglect to check the validity of all the information provided after the time period specified above and fail to draw the correct information to our attention.
Customers who select the advance rate hotel option from their accommodation search will be charged in full at the time of booking and these are non-refundable in the event of cancellation or non-arrival.
If you cancel your booking you will have to pay the supplier’s cancellation charges which we will collect on their behalf, and you will also have to pay our administration costs, as set out below:
More than 12 Weeks before departure: Supplier’s charge plus loss of all monies paid Less than 12 weeks before departure: Supplier’s charge (likely to be 100% of the booking value) plus loss of all monies paid.
More than 4 Weeks before Departure: Supplier’s charge plus loss of deposit or 20% of the booking value, whichever is the greater Less than 4 weeks before Departure: Supplier’s charge (likely to be 100% of the booking value) plus loss of all monies paid.
More than 4 weeks before departure: supplier’s charge plus loss of deposit or 25% of the booking value whichever is the greater. Less than 4 weeks before departure: supplier’s charge (likely to be 100% of the booking value) plus loss of all monies paid.
More than 4 weeks before departure: Supplier’s charge plus loss of Deposit Less than 4 weeks before departure: Supplier’s charge (likely to 100% of the booking value) plus loss of all monies paid.
As butterflyholidays.co.uk act as booking agent or disclosed retail agent for the individual elements of your holiday and as customers are required to agree to the Terms & Conditions of the relevant supplier at the time of booking, we are therefore not defined as the ‘Principal’ within TTA’s Code of Conduct. Any changes or amendments to your flight times which are received less than 24 hours before departure may affect you if you have booked airport transfers as there may not be enough time for the transfer supplier to contact their local agent in resort.
If a supplier confirms that you are entitled to a refund for any part of your holiday booking and wishes for us to process the refund on their behalf, where we have already forwarded your payment on to the supplier, you will have to wait until we receive confirmation from our bank that they have received the money back from our suppliers. Whilst we endeavour to do this as quickly as possible, on occasions it may take up to 30 days for the refund to be processed back onto your own card.
- Changes and Cancellations by the Supplier
We will inform you as soon as reasonably possible if the supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.
- Our responsibility for your booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
- When we act as your Agent
When making a booking with most “no frills” or low cost airlines we are acting as your agent to find flight services for you, on terms to suit you. At the time of booking, we will inform you if we are acting in that capacity. In relation to such bookings, you appoint us to source those services on your behalf. Monies paid to us for such services are held by us on your behalf until they are paid to the flight provider in question. Please note that payment by you to us does not constitute payment to the travel service provider whose services we have sourced and if we collect monies from the travel service provider on your behalf, the travel service provider’s liability to pay that money to you is discharged. We accept no liability in relation to any contract you enter into or for any low cost flight services or the acts or omissions of any flight supplier(s). For all “no frills” flight arrangements, your contract will be with the supplier(s) in question. Your booking for “no frills” flights is subject to this clause and the specific booking conditions of the relevant supplier(s) we source for you and you are advised to read both carefully prior to booking. By making a booking for which we are acting as your agent, you agree to the terms of this clause.