Terms and Conditions - Air
Please ensure that the customer has time to read these booking conditions when they book with you.
We accept your booking on the basis of the Terms and Conditions below, which are designed to clarify the contractual obligations between us. Please spend some time reading them carefully, and please feel free to contact us should anything be unclear.
Your booking, once accepted and confirmed in writing to you, represents a contract between all persons named on the Booking, and/or on the Personal Details booking page, and/or on the Confirmation of Reservation, and Newmarket Holidays (The Company). When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. The contract is not with the Travel Agent. The contract is based on the information given on www.newmarketholidays.co.uk and the terms laid out in the following Booking Conditions. This agreement is governed by English Law and jurisdiction is conferred on the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). We do not accept bookings from any unaccompanied passengers under the age of 18.
Your Confirmation of Reservation includes an invoice showing the deposit paid and the final balance due. It is the Travel Agent's responsibility to collect all deposits, balances, cancellation charges, amendment fees and all other monies payable from you and to remit those monies to The Company. All monies you pay to the Travel Agent are held by them on your behalf until The Company issues a Confirmation of Reservation. After this the Travel Agent holds the monies on The Company's behalf.
The outstanding amount must be paid by the due date. Should we not receive payment by this date we shall cancel your travel arrangements, in which case you could be liable to pay cancellation charges according to the scale set out in ‘Your Cancellations’ below.
NB 1: The person making the booking with the aid of the Travel Agent will be named as the lead passenger on the booking. He/she does so in accordance with these Terms and Conditions and with the understanding that the information they provide is a requirement of the contract between us. He/she becomes directly responsible to the Company for the payment of the total holiday price and if applicable, and where appropriate, for the cancellation charges and disbursements of any funds. The person making the booking does so on behalf of all persons named on it, and is responsible for ensuring that all the Personal Data provided is accurate and for ensuring that all persons named on the booking are aware of these Terms and Conditions and consent to the person making the booking acting on their behalf in relation to this booking.
If you want to change any of the details of your booking, we will always do our best to help. We will however make amendment charges as follows:
Change of name - £50 per person plus supplier costs
Transfer to another departure date or package prior to balance due date - £75 per person
Transfer to another departure date or package after balance due date - Cancellation charges will apply
Part cancellations follow the standard Cancellation charges. See Your Cancellations, below, for details. All amendments must be notified to us in writing, by telephone or by email by the Travel Agent on your behalf.
NB 2: If an amendment involves a change of name, insurance premiums are not transferable. Where any change is made to a booking involving travel by air, we reserve the right to make additional charges to cover in full any costs charged to us by our suppliers.
You may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made by the Travel Agent on your behalf either in writing direct to the Company or by telephone to our Customer Service team. If the cancellation results in a person travelling alone, a single room supplement is payable. The amount payable on cancellation depends upon when we receive your instructions - the more notice you give, the less we will charge. The different periods before departure date within which instructions are received by the Company and the amounts of cancellation charge (shown as a percentage of the total holiday price excluding insurance premium which is not refundable) are as follows:
Charge prior to Balance Due date* Deposit and any amendment fees incurred
Balance Due date - 49 days 50% or deposit if greater
48 - 35 days 75% or deposit if greater
34 - 16 days 90% or deposit if greater
15 - 0 days before departure 100%
NB 3: If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges. You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the UK Foreign & Commonwealth Office.
*See "Your Payment" above.
In the unlikely event that you have problems whilst on holiday, you MUST report the matter to the hotel or our representative IMMEDIATELY during your holiday. If the matter is not then satisfactorily resolved, you must complete a written report (form available from our representative). You must then follow up any complaint in writing within twenty-eight days of your return, including a copy of the original report form. We operate a strict code of conduct which also conforms to European regulations on package travel and take any complaints received seriously. If you fail to follow the requirement to report your complaint in resort we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this contract.
Where as part of the holiday you have booked your travel by air, land or sea, such travel will be subject to the terms and conditions of carriage of the airline, shipping, rail or coach company providing the transport. In most cases, the conditions will limit the carrier's liability to you in accordance with international law. Should anyone be refused admission to the coach, ferry or flight, or to the destination country by the transport or government authority, then we are powerless to assist and cannot be held responsible. This includes any passenger who fails to advise us of any medical condition or disability. If you are prevented from travelling as a result, our responsibility for your holiday thereupon ceases. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur.
When we have received your booking and deposit we will send a Confirmation of Reservation to the Travel Agent which details exactly what is booked for you. From this moment Newmarket Holidays Ltd has accepted your booking on the terms set out in this Contract. The Travel Agent is responsible for forwarding the Confirmation of Reservation to you.
Once you have booked, we guarantee to not change the price of your holiday with us.
We try hard to ensure that advertised prices are up to date, and reflect the price you will pay when you book. However, prices can change and errors can occasionally occur. We reserve the right to change and correct advertised prices at any time before your booking is confirmed.
In the event of your Confirmation of Reservation showing an incorrect price for your holiday, the price that will prevail is the price shown in our offline reservation system. Accordingly you may not seek to rely on system errors with a view to obtaining a holiday at less than the correct price, and any contract entered into upon a mistake, such as a wrong costing due to system errors, is not valid or binding.
In order to confirm and process your booking, we need to collect Personal Data for all the people named on the booking. We reserve the right to process, store and share any and all of the information we collect with our suppliers as we deem necessary to fulfil the contract between us and to comply with national and international law.
To find out more about how we use and protect your Personal Data, please visit www.newmarketholidays.co.uk/privacy
It is unlikely that we will have to make any changes to your holiday but we do plan your holiday arrangements many months in advance. Occasionally changes may be made, which we reserve the right to do at any time. Most of these changes are insignificant and we will advise you at the earliest possible date. Examples of insignificant changes include: alteration of your outward/return flights by less than 12 hours, changes to aircraft type, a change of UK departure airport between Gatwick, Heathrow, Luton, Stansted, London City and Southend; between Birmingham and East Midlands; between Liverpool, Manchester and Newcastle; and between Edinburgh and Glasgow; or between the original airport and any other alternative UK airport within a 70-mile radius, changes of carriers, change of accommodation/cabin to another of the same or higher standard, cancellation of an optional excursion. A significant change is one that we make to your holiday arrangements before departure that involves, for example, changing your resort area, or time of departure or return by more than twelve hours, or offering accommodation with a lower official classification than that advertised (except the latter in the case of en route tour hotels). If a significant change becomes necessary we will inform you as soon as is reasonably possible if there is time before your departure. When a significant change occurs you will have the choice of either accepting the change of arrangements, purchasing another available holiday from us (we will refund any price difference if alternative is of lower value), or cancelling your holiday and receiving a full refund of all monies paid (we will also provide a full refund of your travel insurance premiums if you purchased insurance from us). When a significant change occurs, provided it does not arise from circumstances amounting to force majeure (see below), we will pay compensation as detailed below, based on how far ahead of departure the change is advised:
15 - 28 days £10
0 - 14 days £25
NB 4: We will not pay you compensation where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.
We reserve the right in any circumstances (including failure to reach sufficient numbers) to cancel your holiday and in this event we will return to you all money you have paid to us or will offer you an alternative, available holiday to purchase of comparable standard. In no case, except for reasons of war etc, (see NB 4 above) will your holiday be cancelled after the date when your final balance becomes due.
Newmarket Holidays Ltd is a Member of ABTA with membership number V7812. ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute.
We can normally agree an amicable settlement of the few complaints we receive. However, if we cannot agree, disputes arising out of, or in connection with this Contract may (if the customer so wishes) be referred to ABTA. Go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved. Redress under this Scheme requires written notice requesting arbitration to be made within nine months of scheduled date of return from the holiday.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
NB 5 this entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
(a) Although we have no direct control over services provided to you by independent suppliers we accept responsibility for the reasonable standard of the holiday which you book. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday, except where the failure is unforeseeable or unavoidable. (b) We accept responsibility if you or any person named on the booking suffers bodily injury, illness or death due to the negligent acts and/or omissions of: (i) our employees or agents; or (ii) our suppliers or sub-contractors, servants or agents whilst acting within the scope or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us save that we do not accept responsibility for any air or sea carriers whose liabilities are limited by the relevant International Conventions. Any such claims will be subject to and dealt with in accordance with English Law, and will be subject to the jurisdiction of the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). (c) We shall give you assistance in the event that you suffer illness, personal injury or death during the period of your holiday overseas arising out of an activity which does not form part either of the holiday arrangement with us or an excursion offered through us. This assistance will include advice and guidance and, at our discretion and where appropriate, financial assistance subject to our spending a maximum amount in this regard on behalf of yourself and any other person named on the booking of £5,000 in total. (d) In the event of a claim under this clause against us by you or any person named on the booking we reserve the right to claim in your place against the person or corporation responsible for the act, default or omission giving rise to the claim and you hereby agree to assign to us all your rights under this clause and we will be subrogated to those rights and you hereby agree to assist us fully in the event that we enforce the rights which have been assigned to us or to which we are subrogated. (e) We take the safety and security of our clients extremely seriously. If a Foreign Office advises that people should not visit a particular country, then we would act on this. However, we are sure you appreciate from press and television coverage that the political, economic and social conditions in many countries are not as stable as we are used to. Sadly crimes against both people and their property are a fact of life the world over, and when in a foreign country it is very important to be extra vigilant and avoid drawing attention to yourself by wearing expensive jewellery, carrying expensive camera equipment etc. Travellers have the same responsibility for their personal safety and that of their possessions, as they do at home. As situations in countries can change rapidly, we would suggest you may wish to visit the Foreign Office Travel Advice website at www.gov.uk/foreign-travel-advice for up to date information and advice regarding safety BEFORE BOOKING YOUR HOLIDAY. Newmarket Holidays operate to many parts of the world, some of which do not conform to British health and safety standards. We request that all our hotels comply with the local regulations applicable in their country for health and safety but we cannot guarantee that these meet British standards.
We accept responsibility for ensuring that all component parts of this inclusive holiday are supplied to you as described in this brochure and to a reasonable standard. If any such part is not provided in the advertised manner, we will pay you appropriate compensation if this has affected your enjoyment of your holiday.
Because of the importance of having adequate insurance cover we make it a condition of booking on all foreign holidays that you are covered by an insurance policy. If you elect not to take our insurance, you agree to indemnify Newmarket Holidays Ltd for any costs that arise which would otherwise have been met had Newmarket Holidays Ltd insurance been taken. Please note, if you take out our insurance, certain claims will be subject to an excess charge and that your insurance premium will be dependent on your date of birth. We have no liability for any loss or damage to luggage in flight or in transit. Any claims of this nature should be referred directly to your insurer.
Newmarket Holidays Ltd's ATOL number is 2325. When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or to your credit card issuer where applicable).
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Providing clear, correct information when making your booking is essential, for it is from this information that we make your reservation and our contract with you. The person to whom all correspondence, invoices and joining instructions are to be sent, should be entered as the first name on the Personal Details booking page. It is also their address and telephone number(s) that should be shown and it must be they who accept these Terms and Conditions before completing an on-line booking. Other names are required by airlines, insurance companies, hoteliers etc., so please be accurate. For foreign holidays it is essential that these names match those on the passports. If any member of your party, e.g. newlyweds, changes their name between booking this holiday and travelling, it is important to enter the details for the date of travel on the Personal Details booking page so that we can issue the tickets in the new name. If there is not time to amend the passport the marriage certificate should be carried in the passport. We need to know the number of children under the age of two, and those between the ages of two and 16 who may qualify for a 10% discount if they are sharing a room with two adults where a specific child price is not shown.
Occasionally flights and coaches may be delayed due to circumstances beyond our control. In such cases we will do our utmost to help you and keep you fully informed. In the event of extended overnight delays, depending upon circumstances, we will endeavour to provide accommodation. In the case of a major delay to your homeward journey, we shall endeavour to delay the departure from your hotel.
There are of course only a limited number of front seats on coaches, low floor rooms in hotels etc. We cannot guarantee to meet all re quests but will do our best to oblige.
You will receive your final Itinerary and Journey Instructions five to seven days prior to departure, provided all payments have been made.
All prices on holidays that include flights are based on travel in economy class. We reserve the right to substitute an alternative airline or aircraft type if required to do so for reasons beyond our control.
The flight information given is based upon schedules that were known at the time of loading, or upon expected airline schedules. Please note that timings may become subject to change at the airline's discretion, and should any such alteration be significant, we will inform you. Final timings will otherwise be reconfirmed with your tickets and Joining Instructions, approximately ten days before departure. We thank you for your understanding in this matter.
In order to offer our holidays at competitive prices, and to offer you as wide a choice of UK departure airports as possible, we sometimes need to combine transfers to and from resort although we try to keep waiting times to a minimum. We thank you for your understanding of this situation, should it arise.
We strive to give all our customers full care and attention, but we do need to know at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any disabilities and also if you intend to bring any specialist equipment such as a wheelchair with you. Please make sure that you send in full details, quoting your six character Booking Reference, as soon as you receive your on-line booking confirmation. If you have suffered from a serious medical condition recently, then you should consult with your Doctor about your fitness to travel.
Unless otherwise stated the price of the holiday applies to each of 2 people sharing a room. The majority of rooms are twin-bedded. Double beds can be requested but not guaranteed. Most hotels have single rooms and a supplement is usually charged. The third and fourth bed in triple and four bedded rooms are usually only suitable for children. It is standard practice for rooms to be vacated by 12 noon. Where your departure is later, it may be possible to keep the room longer - your tour manager will give you assistance and advice of any extra charge that would be made. Should you have special requests such as adjoining rooms, high or low floor, make your request at the time of Booking. The hotel cannot guarantee to meet all requests but will at all times do their best to oblige. Please note that at the beginning and at the end of the summer season, certain facilities advertised at hotels may not be available. Items such as outdoor swimming pools, for example, are subject to weather conditions and it will be the decision of each individual hotelier as to when these facilities are available. Breakfast is included on most holidays - details can be found on www.newmarketholidays.co.uk. Continental style invariably means rolls/croissants, jam, tea or coffee. If you have any special dietary needs, please send in full details, quoting your six character Booking Reference, as soon as you receive your on-line booking confirmation. Not all hotel rooms especially in overseas hotels, have tea/coffee making facilities, seasoned travellers take mini water heaters with them.
The majority of the rooms for three people will have two double beds. Rooms for two people will have one double bed or two twin beds - this will be at the discretion of the hotel. Single rooms will generally have one bed. It is standard practice for rooms to be vacated by 12 noon. Where your departure is later, it may be possible to keep the room longer - your tour manager will give you assistance and advise of any extra charge that would be made.
Some regions of Italy have introduced a room tax of between €1.00 and €3.00 per person per night, payable directly by the guest to the hotel on check-out. You will be advised by your tour manager in resort if your particular hotel(s) is implementing this charge.
We cannot be held responsible for compensation in respect of any extras which are booked (e.g. travel insurance, currency, theatre tickets) with a third party, if we subsequently cancel your holiday for whatever reason. If you book your travel insurance with us, you would receive a full refund in this circumstance.
An Airport Development Fee has been introduced at a few UK Airports. You will be required to pay this charge per passenger over the age of 16 at the following airports prior to checking in for your flight: Durham Tees Valley, Newquay and Norwich. The amount varies from airport to airport, but it is generally between £5 and £10 per person. Please visit the airport's website for further information.
All calls to our 0330 telephone numbers are charged at the standard local rate.
Click here to find out the latest Foreign And Commonwealth Office travel advice for your holiday destination, as well as information about passports and visas.