NUCO Travel trading as Erna Low Terms and Conditions 2023-24
Our Booking Conditions set out clearly and simply the responsibilities which we at NUCO Travel Limited t/a NUCO, and Erna Low (Registered address: Beech House, Gatley Road, Cheadle, SK8 1PY and Company Number 7821913) have to you and which you in turn have to us when you use our services.
In particular please note that:
• The rights and obligations that apply to your booking differ depending on whether you book a package holiday or non-package booking as set below;
• If for any reason you cancel your holiday, cancellation charges may apply and may be up to 100% of the booking cost. We may also cancel your booking;
• You may make amendments to your booking but there may be a charge for this and we can change your booking where it is necessary for us to do so;
• You should take out travel insurance that is appropriate to your needs;
• We provide financial security as required by The Package Travel and Linked Travel Arrangements Regulations 2018 for package holidays through our membership with the Travel Trust Association (TTA) (membership number: Q0068) and for flight inclusive holidays our ATOL membership (number T7470);
• Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. Please see these booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.caa.co.uk
• We are responsible for your package holiday subject to the terms of these Booking Conditions and will pay you compensation when appropriate.
• We have a minimum passenger number requirement for some of our bookings; should your party not meet the minimum number requirement, you will be given the option to pay a supplement or cancel the booking in which case cancellation charges may apply.
• A failure to meet or comply with any health or other requirements set by us or UK or local government(s) may mean you cannot travel to or use your chosen arrangements. It is your responsibility to ensure you can comply with any applicable public health requirements and we shall have no liability to you and no refunds will be given if you are unable to do so prior to or after departure.
Our legal responsibility to you and your rights in relation to any booking depend upon the basis upon which you book with us. You may book any of the following:
- Single item only (for example accommodation only, or ski pass or hire only) where we act as an agent for the supplier concerned
In these cases we are not responsible for the proper performance of your contract. Your contract will be with the supplier concerned. Your booking confirmation will state the name of the supplier and we act as agent only for the supplier concerned. Your booking will not be financially protected and any money held by us will be as agent for the supplier concerned. Cancellation charges may apply if you cancel for any reason and your rights and obligations more limited.
Except for the clauses listed below the following terms and conditions shall not apply to any such booking and your contract shall be governed by the terms of and conditions of the supplier concerned. Terms below which will apply:
IF YOU CHANGE YOUR BOOKING
IF YOU HAVE A COMPLAINT
PASSPORT, VISA AND IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES
- Single item only where your contract is with us
These bookings include accommodation only bookings where we do not act as an agent for another supplier. In this case your contract is with us and the terms and conditions below shall apply except those in relation to YOUR FINANCIAL PROTECTION because your booking may not be financially protected.
- Accommodation and transport or other touristic services which forms a significant part of the package, which are purchased at the same time
These bookings are “package holidays” as defined by The Package Travel and Linked Travel Arrangements Regulations 2018 and the terms and conditions below apply in their entirety. If you book a package holiday it will be confirmed on your confirmation invoice.
Please note that for single item only bookings, if you book any such single service and then later book another such service it will not convert your booking into a package holiday and it will remain a non-package booking. For all such arrangements you may not be financially protected.
You may be booking the holiday for yourself only or for a group which may or may not include yourself. If you are making a booking for a group, you must obtain authority from all the group members to act on their behalf. Anyone under the age of 18 wishing to travel unaccompanied must, prior to departure, provide us with written consent from their legal guardian. You must ensure that all members of the group are made fully aware of these booking conditions and that they agree to be bound by them. Group specific terms when booked via https://booking.nucotravel.com/ are set out at the end of these terms and conditions under ADDITIONAL GROUP BOOKING TERMS. All references to you/yourself in these booking conditions will mean yourself and any other persons that you are acting on behalf of.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- a) They have read these Booking Conditions and have the authority to and agree to be bound by them;
- c) They are over 18 years of age (or failing this has the authority and permission to make a booking from a parent or legal guardian who has provided valid written consent to us);
- d) They accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
YOUR HOLIDAY CONTRACT – In order to complete your booking it must be submitted online on our website together with the applicable deposit. Your booking is accepted once you have fully completed the online booking process and we have issued you with a booking confirmation email. At this point a contract is formed between us. You are responsible for making sure you have submitted correct up-to-date personal contact details and if these details change you must update your online account. In the run up to and during your holiday, we may communicate with you via SMS or push notifications within our passenger app, we cannot be held financially responsible for any element of your booking you may not benefit from should you not read such messages. 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 any booking documents, including any 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). Where provided by us all passengers must ensure they have their vouchers and/or e-ticket available throughout the duration of their chosen arrangements, this can be in paper printed form or a digital pdf form via their smartphone.
YOUR FINANCIAL PROTECTION – We provide financial security for package holidays through our membership with the Travel Trust Association (TTA) (membership number: Q0068) and ATOL membership (number T7470). For non-flight bookings the TTA provides total financial protection for the customers of TTA Members’ in the event of a TTA Member’s financial failure. The financial protection involves two aspects. Firstly, every TTA Member operates a Trust Account. Every single penny received from a customer must be deposited into the TTA Member’s Trust Account. The Trust Account is supervised by an independent Trustee. Secondly, in addition to the Trust Account, every TTA Member will issue a Stand Alone Safe Seat Plan Guarantee to each passenger. This is a Guarantee from the TTA to the customer of their financial protection. Therefore, the Trust Account and the Guarantee will ensure that all the money which a customer has paid to a TTA Member is safely protected.
When you buy an ATOL protected flight or flight inclusive package 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 (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.
If you book arrangements other than a package holiday from us, your monies will not be financially protected. Please ask us for further details.
YOUR HOLIDAY PRICE
a. Payment Schedule – In order to make a booking, you must pay at least the specified minimum deposit. If booking within 7 weeks of the holiday departure date, you must pay in full. The remaining balance of the holiday must be paid no later than 7 weeks before departure or on a date as otherwise stated on your confirmation email; this is referred to as the balance deadline date. Where balances are not paid on time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges in accordance with clause IF YOU CANCEL YOUR BOOKING below. If the balance is not paid on time, but at our discretion, we allow you to continue with your holiday booking, your holiday price will automatically be subject to an additional £20 late payment admin fee to reflect the additional costs incurred by us in processing your payment and administering your booking.
b. Payments – All holiday payments must be made by credit or debit card, we do not charge a fee for card payments. We do not accept payments by cheque, cash or by bank transfer.
PRICING – The price of your travel arrangements has been calculated using the exchange rate of £1.00 equates to €1.14.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
i. changes in costs relating to the carriage of passengers as a result of the cost of fuel or other power sources; or
ii. the levels of taxes or fees on the travel services included in your chosen arrangements imposed by third parties not directly involved in the performance of the package, such as, but not limited to, tourist taxes, landing taxes, or embarkation or disembarkation fees at ports and airports; or
iii. the exchange rates used to calculate your arrangements.
Such changes in price may result in an increase or decrease of the cost of your chosen arrangements and could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
If a price increase is due, we will write to you explaining why and showing a calculation of how the increase is calculated. We will not impose a surcharge within 20 days of the commencement of your arrangements and where any price increase exceeds 8% of the total price of your package holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), clause IF WE CHANGE OR CANCEL YOUR HOLIDAY below and your right to cancel will apply. Where any price reduction is due to you because of the decrease in our costs in the categories set out above we will deduct our administrative expenses from any refund owed and will provide proof of any expenses so deducted.
IF YOU CHANGE YOUR BOOKING – If, after our confirmation email has been issued, you want to change any of your holiday arrangements we will do our best to meet your requirements. Changes to component elements such as ski hire, ski school, other extras, events or excursions can be amended free of charge up until the balance deadline date, this is done online by managing your booking on our website. After the balance deadline date all package elements are fixed and booking amendments are only considered on a request basis by emailing us. Where amendments are possible any additional costs incurred by us must be paid by you. Changes to major elements of your packages such as accommodation or transport may not always be possible and are only considered on a request basis by emailing us. For the purpose of clarity we reserve the right to decline any form of booking amendment after the balance deadline date.
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.
IF YOU CANCEL YOUR BOOKING – You may cancel your holiday at any time provided that the cancellation is made online or your request is in writing and is emailed to us. If your booking reference begins with "0007" your cancellation terms vary dependant on the package you selected at the time of booking. If your booking includes flights, if cancelled, the flight element of your booking will incur 100% cancellation fees. We are not able to offer any refund at all for cancelled flights or additional baggage. In such cases, the terms which apply are displayed to the user prior to them confirming a booking on our website. The terms are also displayed in the members area which can be accessed immediately after making your booking. If you are unsure what cancellation terms apply to your booking, please log into the booking here for your specific terms.
Passengers who do not travel and do not officially cancel either in writing or online are termed a “no-show”; any such passengers will be deemed to have cancelled and are not eligible for any refund and will incur 100% of the total price. Where provided passenger welcome packs and their contents remain our property for all cancelled and no-show passengers. Anyone whose arrival into the resort is going to be delayed by more than 24 hours must notify us in writing no later than the scheduled day of departure with their new arrival details; without prior written notification, late arriving passengers may be treated as no-show passengers and their holiday arrangements released back to the supplier concerned. We are not obliged to provide a ski pass to any passenger who arrives at the resort any later than 09h00 on the second valid day of their ski pass even if prior written notification has been provided.
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
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.
We will deduct the cancellation charge(s) from any monies you have already paid to us.
TRANSFER OF BOOKING AND NAME CHANGES – You or anybody named on your booking may transfer your booking to another person (“the transferee”) who satisfied all the conditions required by these booking conditions. There is no fee for name changes processed more than 42 days prior to departure. There is a £50 fee for name changes processed within 42 of departure. Where there is a waiting list for your package, we reserve the right to specify "the transferee" is taken, in priority order, from the top of the waiting list; in such instances you forfeit the right to nominate a transferee of your own choosing. In cases where we incur additional supplier costs then you and the transferee shall also be liable for any such costs in addition to the amendment fee. For example, if you are travelling by air and and we incur an an increased fare from the airline then you are then liable for these costs plus the name change fee where it is payable. If you are unable to find a transferee but need to cancel, cancellation charges will apply. No refunds will be given for passengers not travelling or for unused services.
IF WE CHANGE OR CANCEL YOUR HOLIDAY – We reserve the right, in any circumstances and at any time, to cancel your holiday. In the unlikely event of this happening, we will offer you an alternative holiday, if available, and receiving a refund for any lower price or paying any increased price difference. If we have to cancel your holiday, we are only liable for any monies that you may have paid to us at the time of cancellation and for the compensation payments detailed below.
The exceptions to this are where the cancellation occurs as a result of your non-payment of the full holiday cost by the balance deadline date, if you are under 18 and have not provided us with written consent to travel from your legal guardian, if your holiday is terminated as a result of your unacceptable or poor behaviour, or in the event of “force majeure” as defined in clause FORCE MAJEURE. In these circumstances, we cannot accept liability or offer compensation or refunds if we are forced to cancel your holiday or curtail the remaining parts of it, or change, in any way, your holiday or where the performance or prompt performance of our contractual obligations is prevented or effected.
We will not, where possible, cancel your travel arrangements less than 35 days before your departure date, except for reasons of force majeure. We may cancel your holiday before this date if, e.g., the minimum number of passengers required for a particular travel arrangement is not reached.
If we have to make a major alteration to your holiday such as location of resort, quality of the accommodation or dates of travel, we will notify you as soon as possible. A major alteration does not include changes made to component elements of a package such as accommodation location, changes in apartment type, changes in apartment sizes, changes in room allocation, changes in departure times or changes in ski school times where it is foreseeable they would likely have no material effect on your enjoyment of the holiday overall.
If we have to make a significant change before the start of your chosen arrangements (including an increase of the price of your arrangements above 8%) then you will be entitled to accept the changes or cancel without paying a cancellation fee and receive a full refund within 14 days. We will inform you without unnecessary delay in writing of any such rights along with:
(a) the proposed changes and, where appropriate, their impact on the price of your chosen arrangements;
(b) how long you have to inform us of your choice in writing to either accept the changes or cancel without paying a cancellation fee;
(c) the consequences of your failure to respond within the period referred to in paragraph (b); and
(d) any substitute package, of an equivalent or higher quality, if possible, offered to you and its price.
If you choose to take a substitute package or accept amendments to your arrangements which result in a lower overall quality or cost, you are entitled to an appropriate price reduction. If you do not inform us within the time we specify of your choice to accept the changes or terminate the contract we will write to you again to remind you, if you still do not respond we may treat your booking as cancelled and refund all payments due to you.
If we cancel or make a major change to your holiday less than 35 days before departure, we will pay you compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
We reserve the right to make changes to your holiday before and after your booking is confirmed. 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 transport 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.
Important Note: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a major change or cancel your arrangements more than 35 days before departure;
- 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 Force Majeure (see clause FORCE MAJEURE).
CUTTING YOUR HOLIDAY SHORT – If you decide to return home early in circumstances where we are still able to provide your holiday as promised then we cannot refund the cost of any travel arrangements you have not used and you will be responsible for any additional costs you incur.., Depending on the circumstances, your travel insurance may offer cover for your curtailment, any claim should be made directly with them.
IF YOU HAVE A COMPLAINT – If you have a complaint during your holiday, please inform both the relevant supplier in resort and our office in writing within 24 hours and we’ll do our utmost to resolve the problem as soon as possible. If the matter cannot be resolved whilst you are on holiday, you must also notify us of your complaint within 28 days in writing. When writing to us please provide us with full details of your complaint and your associated booking reference(s). If we are not able to resolve your complaint satisfactorily, the Travel Trust Association can act as an independent intermediary. Please detail the matter to the Travel Trust Association either by email (email@example.com) or submit online here. Should the response that you receive through the Travel Trust still not be satisfactory, they can then offer you an independent Arbitration Service.
WEBSITE ACCURACY – We have done our best to provide accurate information on our website. Some of the photographs shown are general skiing scenes, may not show the actual resort or accommodation, and have been included to give an indication of accommodation style only. Many of the facilities described are not under our control and we reserve the right to change these if necessary. Where we can you will be notified of any such changes as soon as possible. Where possible our * ratings match those of our partners' assessment of their accommodation. In some cases there are no official classifications available so we have used our knowledge of the property to assess and give a suitable * rating taking in to consideration the standard of the accommodation and the facilities available.
CONDITIONS OF CARRIAGE – When you travel on an aircraft, train, coach or ship, the conditions of carriage of that carrier apply and may also be subject to national and international conventions which may limit or exclude liability.
DISABILITIES AND MEDICAL PROBLEMS – We will do everything we reasonably can to enable anybody with a disability or medical problem to book and enjoy one of our holidays like any other person. 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. You should keep us updated of any change(s) to any existing or new medical condition which may impact on your ability to take part in your chosen holiday as soon as it occurs. If you did not give us full details at the time of booking or when any condition changes or occurs we may have to cancel your booking in which case applicable cancellation charges would be incurred.
TRAVEL INSURANCE – As a condition of booking, you must have appropriate travel insurance in place for your holiday. It is important that if you are skiing or snowboarding you have comprehensive winter sports insurance in place. We may provide insurance policy options through our online booking system, passengers who take winter sports insurance provided through us have a 14-day cooling off period from the date of booking, after this they are not permitted to remove or change their insurance cover. If you arrange your insurance separately from us, you must provide details of the insurance provider and policy number. We accept no responsibility for any losses suffered by those passengers that are not appropriately insured nor do we check policies or recommend the suitability of any particular policy. It is your responsibility to ensure that your chosen policy is suitable for your needs.
PASSPORT, VISA AND IMMIGRATION REQUIREMENTS & HEALTH FORMALITIES – It is each passenger’s personal responsibility to ensure that he or she has valid travel documentation and that he or she otherwise meets the requirements of immigration and other authorities at every destination.
In order to ensure compliance, passengers should carry a valid passport (and visa if applicable) along with any required health documentation. Any fines, penalties, payments or expenditures incurred as a result of breach of these requirements shall be paid by or charged to you.
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.
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/abroad/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov/
We recommend you apply for and obtain a UK Global Health Insurance Card prior to departure about which more information can be found here . https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://travelaware.campaign.gov.uk/
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.
FORCE MAJEURE – 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 any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee, forestall, or avoid. These events may include, but are not limited to, war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act or advice of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned control.
SPECIAL REQUESTS – Any special requests must be advised to us at the time of booking and in writing. Whilst we will endeavour to try and arrange your 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.
YOUR RESPONSIBILITY - When you book with us, you accept full responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid by you to the accommodation / other supplier concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. You undertake to behave with propriety and in such a manner as in no way to cause distress, damage, danger or injury to other clients, property, our employees and/or any third party. The contract or rights of any client in breach of this clause may be terminated forthwith and neither we nor the accommodation / other supplier concerned shall have no further contractual obligations to you. In this situation, the person(s) concerned will be required to leave the accommodation or other service. No refunds will be made, and the accommodation / other supplier concerned will not pay any expenses or costs incurred as a result of the termination.
Most suppliers require you to pay a security deposit direct to the supplier on arrival at your accommodation. The security deposit will normally be used as payment towards the cost of any damage or loss caused by you or any member of your party. We cannot accept any responsibility in resolving any dispute you may have with a supplier regarding the security deposit. In the event of any such dispute you must resolve this directly with the supplier concerned. You are strongly advised to check the accommodation on arrival for any damage/missing items and bring this to the supplier's attention straight away.
You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, your personal property except where it results from our negligence or our employee’s negligence (providing they were at the time acting in the course of their employment with us).
OUR RESPONSIBILITY TO YOU
- Our responsibility to you is either:
(a). For single item only bookings where your contract is with us we have a duty to select the provider with reasonable skill and care but we have no liability to you for the actual provision of the actual service provided by those providers unless it is proved that we have breached that duty owed to you and you have suffered loss or damage as a result. In any event we shall have no liability for loses arising from force majeure as defined in clause FORCE MAJEURE, for losses which were attributable to you, unforeseeable, or business losses. Save in the cases involving death or personal injury our liability shall be limited to the cost of your accommodation or other arrangement.
(b). For package holiday bookings i.e. those which include two of either accommodation, transport, or another touristic service forming a significant part of the booking and booked at the same time we are responsible for the proper performance of your arrangements included in your contract with us irrespective of whether those services are to be performed by us or another supplier. We have no liability to you and no compensation will be payable for any damage which is attributable to; i) you; or ii) a third party unconnected with the provision of the service in question and the improper performance was unforeseeable or unavoidable; or iii) such improper performance is due to unavoidable and extraordinary circumstances. 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.
- Where we are responsible for any improper performance we will pay you appropriate compensation and a price reduction. Improper performance will be judged in the light of any relevant local standards or practices which will often be lower than those in the UK.
- 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 assumed 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 twice 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.
- Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
(a). 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.
(b). In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004 to the extent it is enacted by the UK in any retained EU Law, 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.
(c). 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 us and our supplier(s) strictly in accordance with the complaints 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 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.
- 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.
- 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.
SWIMMING POOLS - Swimming pools in France will generally be 27 degrees Celsius or lower and therefore slightly colder than in Britain. Please note, some of the swimming pools at the properties do not have depth markings and there will be no lifeguards on duty. Please also be advised that some French swimming pools require swimmers to wear swimming trunks and not shorts
FLIGHTS – All flight information displayed on our website comes direct from the airlines that provide the flight. A 3rd party is responsible for scanning this data and supplying it to our website. Please be aware that in certain circumstances flight data may not be in real time and prices can fluctuate. All flight times are provisional and are subject to change by the airline providing the flight. You should check your flight timings at least 48 hours before travel. We accept no responsibility for you missing your flight if you have not done this. If you fail to check in on time, the airline is entitled to refuse to allow you to board the flight. We accept no responsibility if such a situation arises. Please note that some airlines require you to check in online. Where applicable your paperwork includes instructions regarding the online check in procedure. 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 responsibility to make sure that your luggage is within the allowance of the airline providing your flight. We strongly recommend checking your airline's luggage allowance before travelling as these are subject to change. We accept no responsibility for charges incurred for you going over your luggage allowance.
AIRPORT TRANSFERS – Where your holiday includes airport transfers to an airport to catch a flight we will make every reasonable effort to ensure you arrive at the airport in time for your flight. We shall have no liability for any delay or failure to arrange to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. Circumstances beyond our control shall include, without limitation: cancelled flights, war or threat of war, mechanical breakdown, accidents causing delays on our service route, other unforeseen traffic delays, riot, demonstration or any other local disturbance, exceptional severe weather conditions, fire and/or damage at an airport or in resort, compliance with requests of the police, customs or other government officials and security services, vandalism and terrorism, strike/industrial action, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety. Please note that in relation to transfers:
- Our transfer package prices are based on vehicles being run at (or very close to) full capacity.
- In some cases, you may be allocated onto a transfer operated by one of our partners. This being the case it is likely you have to share the vehicle with members of the general public.
- In some cases, on our operated transfers, you may well be required to share the vehicle with passengers from other groups.
- Passengers should assume that all the seats on the vehicle will be filled.
- A failure to meet or comply with any requirements set by us or UK or local government(s) may mean you cannot board a coach transfer or transit to your destination. It is your responsibility to ensure you can comply with any such requirements and we shall have no liability to you and no refunds will be given if you are unable to do so prior to or after departure.
FILMING & PHOTOGRAPHY – Erna Low customers consent to being photographed, filmed and sound recorded as an audience without payment, and to their image being exploited in any and all media (including without limitation printed publications, presentations, promotional materials and in the advertising of our goods or services across all channels) for any purpose at any time throughout the world by NUCO Travel/ Erna Low who shall own the copyright in all such recordings.
VAT – All continental prices for holidays with us are quoted inclusive of VAT. Please note that our operations may fall with the Tour Operators Margin Scheme (TOMS) for VAT purposes and we are only able to issue a separate VAT invoice where prices are quoted exclusive of VAT. In all other cases, no VAT reclaim will be possible.
CONDITIONS OF SUPPLIERS – In the event that we use independent suppliers to make up your holiday, those suppliers provide the 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.
PROMPT ASSISTANCE IN RESORT – If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances. Where you experience a delay which is not owing to any failure by us, our employees or subcontractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 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.
DELAYS, MISSED TRANSPORT ARRANGEMENTS AND OTHER TRAVEL INFORMATION – 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 the UK’s retained 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 published by the Civil Aviation Authority. 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 FORCE MAJEURE 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 our 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 via email 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 via email 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://transport.ec.europa.eu/index_en) detailing air carriers that are subject to an operating ban with the UK and EU Community. The Community List may be amended and revised by the CAA and who may publish their own list which may affect your flight arrangements.
Our website is 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.
FOREIGN OFFICE ADVICE – 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 Force Majeure. (See clause FORCE MAJEURE).
JURISDICTION AND APPLICABLE LAW – These terms and conditions are governed by and will be construed in accordance with English law and any dispute will be subject to the exclusive jurisdiction of the English Courts. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. 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.
NO VARIATION – No variation of these terms and conditions shall be binding on either party unless it is made in writing.