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Terms and Conditions - Lapland

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Terms & Conditions for Lapland

 

 

Please read carefully

We want you to enjoy every minute of your day trip to Lapland with us, and we’ll do our very best to try to ensure that it lives up to your expectations of it. To give you further peace of mind, we accept your booking on the basis of our Terms and Conditions, 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 contract with us

 

1. Your Booking

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 Limited (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 based on the information given in the brochure or our website (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 customers under the age of 18.

2. Your Payment

Your Confirmation of Reservation includes an invoice showing the deposit paid and the final balance due. 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 section 4 below.

N.B. 1: The person making the booking with us 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. The person making the booking 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 that they consent to the person making the booking acting on their behalf in relation to this booking.

3. Your Alterations

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 section, below, for details.

All amendments must be notified to us in writing, by telephone or by email to [email protected], by the person who made the original booking or their nominated travel agent

N.B. 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.

4. Your Cancellation

You may cancel your booking or part of it once it has been confirmed but the cancellation will only be valid if made in writing direct to the Company or by telephone to our Customer Service team and having answered the security questions. 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:

Balance Due Date – 56 days before departure = 35% or deposit paid (if higher than 35%)
55 - 49 days before departure = 50%
48 - 35 days before departure = 75%
34 - 16 days before departure = 90%
15 - 0 days before departure = 100%

N.B. 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 day trip, or the carriage of passengers to your destination, is significantly affected by restrictions on travel as defined by the UK Foreign, Commonwealth & Development Office. In such circumstances, we will arrange for your booking to be terminated and for you to transfer to an alternative holiday or receive a full refund.

*See Your Payment section.

5. Your Complaints

In the unlikely event that you have problems whilst on your day trip, you MUST report the matter to our representative IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report. You must then follow up any complaint in writing within twenty-eight days of your return. We operate a strict code of conduct and take any complaints received seriously. If you fail to follow the requirement to report your complaint while on holiday, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this contract.

6. Your Travelling Conditions

In the unlikely event that you have problems whilst on your day trip, you MUST report the matter to our representative IMMEDIATELY. If the matter is not then satisfactorily resolved, you must complete a written report. You must then follow up any complaint in writing within twenty-eight days of your return. We operate a strict code of conduct and take any complaints received seriously. If you fail to follow the requirement to report your complaint while on holiday, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this contract.

 

Our contract with you

 

1. Our Confirmation Of Reservation

When we have received your booking and deposit, we will send you a Confirmation of Reservation which details exactly what is booked for you. From this moment Newmarket Holidays has accepted your booking on the terms set out in this Contract.

2. The Price Of Your Holiday

Once you have booked, we guarantee to not change the price of your day trip with us, except in the case of a system error as defined below. The airport you fly from or the country you travel to may require you to pay fees locally. If this applies, we will tell you as part of the booking process.

3. System Errors

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 wrong pricing due to system errors, is not valid or binding.

4. Data Protection

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, log on to www.newmarketholidays.co.uk/privacy

5. Our Alterations

It is unlikely that we will have to make any changes to your day trip but we do plan your 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 4 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 and Manchester; and between Edinburgh and Glasgow; or between the original airport and any other alternative UK airport within a 70-mile radius, changes of carriers. A significant change is one that we make to your arrangements before departure that involves, for example, changing your resort area, or time of departure or return by more than 4 hours (except in the case of force majure/aircraft technical delays). 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 per booking
0 - 14 days = £25 per booking

N.B. 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 or where the UK Foreign, Commonwealth & Development advise against travel.

Where flight delays occur as a result of a technical delay to the operating aircraft on the outbound flight, if this delay exceeds 4 hours or more, we will cancel your day trip and offer you an alternative or a full refund. Where a flight delay occurs as a result of a technical or weather-related delay on the inbound flight, we will notify you as soon as possible and ensure you are comfortable in destination. Delays exceeding three hours, or more are the sole responsibility of the operating air carrier and Newmarket Holidays bears no responsibility for compensation.



6. Our Cancellations

We reserve the right to cancel your holiday and in this event, we will return to you all money you have paid to us relating to the holiday package (Insurance & ancillaries such as airport car parking, airport hotels & airport lounges are non-refundable) or will offer you an alternative, available holiday to purchase of comparable standard.

7. Our Complaints Procedure

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.

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.) 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 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 (for the avoidance of doubt, customers who test positive for COVID-19 before their return and who are denied boarding, is not defined as “unavoidable” or “extraordinary”), 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.

N.B. 5: This entire clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

8. Your Behaviour

If in our reasonable belief or opinion or in the reasonable belief or opinion of any person in authority, your behaviour is jeopardising the safety of aircraft, people or property therein or good order and discipline on board; or is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.

 

Our Responsibility for your holiday

 

1. Overseas Holidays

(a) Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled.  If we are able to specifically confirm a special request or requirement, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part. If you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip taking into account your needs if you specifically request us to do so.  Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.

(b) Although we have no direct control over services provided to you by independent suppliers, we accept responsibility for the reasonable standard of the day trip which you book. We reserve the right to make alterations to itineraries should it be an operational requirement to do so, including for examples such as but not limited to, the weather. Temperatures could reach a level which makes activities unsafe and in this eventuality we reserve the right to alter the programme.

(c) 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 subcontractors, 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 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).

(d) 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.

(e) 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.

(f) We take the safety and security of our clients extremely seriously. If the Foreign, Commonwealth & Development 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, Commonwealth & Development Office Travel Advice website at www.gov.uk/foreigntravel-advice for up to date information and advice regarding safety BEFORE BOOKING YOUR HOLIDAY.

2. UK Holidays

Because of the importance of having adequate insurance cover, we make it a condition of booking that you are covered by an insurance policy, including adequate winters ports cover. If you elect not to take the insurance which Newmarket Holidays recommend, you must ensure you secure adequate cover at the time of booking and you agree to indemnify Newmarket Holidays for any costs that arise which would otherwise have been met had Newmarket Holidays recommended 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.

3. Travel Insurance

Newmarket Holidays Ltd’s ATOL number is 2325. You will receive an ATOL Certificate. This lists the 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).

4. Financial Protection and Repatriation

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. Travel has changed since the UK’s withdrawal of the European Union and you must ensure you have a minimum of six months validity from your return date and that your passport is less than ten years old on your date of departure.

All eligible customers are required to have received a full complement (as defined by the UK or destination Government’s) of doses of a UK approved COVID-19 vaccination to travel on our Lapland day trips. COVID-19 testing (to enter the destination country or return to the UK) may also be required and will be advised closer to the point of departure if applicable. A late change to testing or vaccination requirements does not constitute a major change.

5. Passport, Visa and Immigration Requirements

Our Lapland day trips operate to a remote part of northern Sweden. Temperatures can be incredibly cold. We do not recommend our Lapland trips for children under three (3) years of age. Activities take place outside in the snow and therefore, should you or any member of your party have a physical or mental disability, please do contact us before booking so necessary arrangements or adaptations can be made. Our Lapland day trip package includes flights, transfers, one snowmobile ride, one husky ride, one traditional reindeer sleigh ride, a family visit to Santa and a hot meal for lunch. Should one of those activities not be available on the day due to unforeseen circumstances, this is not classed as a major change.  We reserve the right to amend the activities. Thermal clothing is provided for your day trip which must be returned at the end of the day. Failure to do so means we will pursue you for those costs.

Pajala generally has reliable snow records, however, if there is insufficient snow for the planned activities to operate, this would constitute a major change and we will contact you with alternative arrangements.

Our Lapland Day Trips are based on us charter aircraft. Day trips are subject to a minimum participation level of 80% of the aircraft seating capacity.

6. Travel Agents

All monies you pay to the travel agent are held by them on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by them, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

 

 

Newmarket Holidays Ltd, Cantium House, Railway Approach SM6 0BP; Company Number: 02238316

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