Terms and Conditions

Sunshine.co.uk

TERMS AND CONDITIONS

Booking Conditions

The following Booking Conditions together with our privacy policy and, where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking govern your booking with Sunshine.co.uk, which is a trading name of On the Beach Limited, a company registered in England with company no: 3162982 and registered office address of 5 Adair Street, Manchester, England, M1 2NQ (“Sunshine”, “we” “us” and “our”). Please read them carefully as they set out our respective rights and obligations. References to "you" and "your" in these Booking Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

References to “Travel Arrangement(s)” in these Booking Conditions are to the accommodation, flights, transport, and other services we feature on our website. References to “Supplier/Principal” means the third party which is responsible for supplying the Travel Arrangements to you including but not limited to accommodation providers, transfer providers, car hire companies, and airlines.

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

• has read these Booking Conditions and has the authority to and does agree to be bound by them;

• consents to our use of personal data in accordance with our Privacy Notice and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements).

• is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

• accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

Please Note: We act as an agent or sub-agent of the Supplier/Principal in relation to all bookings made with us except for certain flight bookings where we act as your agent in making the flight bookings (see clause 22 for more details). However, where you make a booking of multiple Travel Arrangements in such a way as to create a package holiday, we will accept responsibility for that as a “Multi-Contract Package” in accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (please see clause 2 below for further information as to the circumstances in which we will be acting as a Package Organiser).

As a result of the above, our obligations to you may vary depending upon which Travel Arrangements you book with us, and whether you book a “Single Component Booking” or a “Multi-Contract Package” and we have tried to set them out below as clearly as possible:

1. Section A contains the conditions that will apply to all bookings you make with us, whether Single Component or Multi-Contract Package;

2. Section B sets out the additional terms and conditions that will apply only when you make a booking with us for a Multi-Contract Package.

SECTION A – APPLICABLE TO ALL BOOKINGS

1. Your Contract

When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Travel Arrangements, as specified on your confirmation invoice. We always act as the Supplier/Principal’s agent or sub-agent when arranging and booking Travel Arrangements except for certain flight bookings where we act as your agent in arranging and making the flight booking (see clause 22 for more details). We will never act as agent for both you and the relevant Supplier/Principal in respect of the same Travel Arrangement. Your booking with us is subject to these Booking Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and we advise you to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal's liability to you. Copies of the relevant Supplier/Principal(s) terms and conditions will be available to you prior to booking via our website/App and are available on your request to us.

All bookings are subject to availability at the time of booking. We do not guarantee that any of the Travel Arrangements we advertise will still be available at the time of booking. We will inform you as soon as possible after placing an order if, for any reason, the Travel Arrangements you have sought to book with us are not available.

Unless you are paying for your holiday Travel Arrangements in cash, in which case see the paragraph below which will apply, by clicking to book and entering your personal and payment details on our website/App, you are requesting us to make an offer to the Supplier/Principal to purchase the Travel Arrangements on your behalf. At this point we immediately re-contact the Supplier/Principal. Each Supplier/Principal will still require a short period of time to confirm that your chosen Travel Arrangements are still available. The order summary email sent to you is NOT contractual acceptance of the Supplier/Principal’s ability to provide these Travel Arrangements, it is an acknowledgement that we have received your offer, and should the Travel Arrangements be available as detailed on our website/App then, once you have a received your order confirmation, you have entered into a legally binding agreement to purchase these Travel Arrangements subject to the Supplier/Principal’s terms and conditions, and these Booking Conditions.

If you are paying for your Travel Arrangements in cash, by clicking to book, entering your personal details and requesting the “pay by cash” option on our website, you are requesting that we generate a barcode which will allow you to make a payment to us in relation to the Travel Arrangements you have selected. When we receive confirmation that you have made your cash payment, we will make an offer to the Supplier/Principal, as detailed in the paragraph above.

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation email with a booking reference number except where your booking includes a Ryanair flight in which case your booking is confirmed when you receive an updated booking confirmation with your flight reservation number.

As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Travel Arrangements provided by the Supplier/Principal, unless we have sold those Travel Arrangements in such a way as to create a Multi-Contract Package (please see clause 2 for further information), in which case we will accept responsibility for those Travel Arrangements in accordance with Section B of these Booking Conditions.

2. Multi-Contract Package Bookings

Where your booking is for a Multi-Contract Package, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section B of these Booking Conditions.

A “Multi-Contract Package” exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday:

1. transport;

2. accommodation;

3. rental of cars, motor vehicles or motorcycles (in certain circumstances);

4. any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website/App and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

This is called a Multi-Contract Package as you still have contracts with each of the individual Supplier/Principals providing the Travel Arrangements, however we, Sunshine, will accept responsibility for this booking as a Package Organiser.

IMPORTANT NOTE: Please note that where you have made a booking which consists of not more than one type of travel service as listed at (1) – (3) above, combined with one or more tourist services as listed at (4) above, this will not create a Multi-Contract Package where the tourist services: - do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or - are selected and purchased after the performance of the transport, accommodation or car rental has started. These bookings will be treated as “Single Component” bookings and will not be afforded the benefit of the rights under the PTRs.

Where you have booked a Multi-Contract Package, we still act as an agent (whether it be as your agent or as the Supplier/Principals agent or sub-agent) in relation to each of your chosen Travel Arrangements but we will comply with our legal obligations under the PTRs as your Package Organiser and these are outlined in Section B of these Booking Conditions. This does not prejudice or otherwise affect our agency status with you or the Supplier/Principals.

3. Booking

When you make a booking, you will have the opportunity to review/confirm all the details of the booking before making payment. Once you have reviewed and confirmed these details and made payment of the appropriate sum, we will proceed to make the booking with the Supplier/Principal.

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your Travel Arrangements or other persons necessary for the provision of your Travel Arrangements. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant Supplier/Principals, whether in the EEA or not, we will be unable to provide your booking. Please click here for full details of our privacy policy.

Group Bookings: If larger groups want to be sure of sufficient availability for any Travel Arrangements they should call our contact centre. If two parts of the same group book online on two separate bookings and availability expires between the two bookings we regret therefore that we are unable to cancel the first booking without applying cancellation charges (see clause 10 below).

In resort transfers: Unless you have reserved a transfer separately during the booking process or subsequently, no flight or hotel booking includes a transfer. Please ensure that the hotel you have selected is accessible from the airport you have chosen to fly to. At times the hotel suppliers or airlines involved in your booking may offer a free of complimentary resort transfer. We will pass on this offer to you however the provision, delivery and services standards of this transfer are the responsibility of the hotel/airline provider and the third party involved in their delivery.

4. Payment

In order to book your chosen Travel Arrangements, you must make payment as outlined in this clause, or otherwise requested by the Supplier/Principal of the Travel Arrangements. You must also pay all applicable insurance premiums and booking fees.

Payment on booking

You are required to make full payment at the time of booking in the following circumstances:

• when you make a flight only booking (for all airlines unless otherwise stated); and

• when you make any booking within 28 days of your departure date; and

• when you book for Travel Arrangements with a non-refundable hotel.

For all other bookings, you are required to pay a non-refundable deposit at the time of booking.

Flexible Payments

You can pay for your Travel Arrangements using our flexible payment options which allow you to pay in instalments. We will tell you when you book with us how many payments will be involved, the amount of each and the payment due dates. This will be confirmed in your booking paperwork. If you cancel your booking (or we do in accordance with clause 5) you shall be liable to pay the applicable cancellation charges. Please see our Flexible Payment terms for more details.

Should you wish to pay for your Travel Arrangements in full at the time of making your booking you are entitled to do so and may be entitled to a discount for doing so.

Payments due under our flexible payment options will be debited from the card used to make your booking after 8pm (UK time) on the payment due date confirmed on your booking paperwork, or, if you have moved your payment due date, 8pm (UK time) on the due date displayed in the 'My Sunshine' area of the website. An administration fee of up to £5 will be added to your payment for this service. Please note that you may incur an administrative charge of £10 each time you move your payment date.

Alternatively, you may make payments manually at any time without charge via the 'My Bookings' area of the website.

If you wish to cancel your flexible payment arrangement with us, you can either:

• Pay the outstanding balance for your booking in full by contacting our customer service department or logging on to the ‘My Sunshine’ area of our website. We will then not take any further payments from any of the cards we hold for you;

• Cancel your booking by contacting our customer service department or logging on to the ‘My Sunshine’ area of our website; or

• Contact your bank to cancel the authority for us to collect the payments. We ask that you please contact us in the first instance before contacting your bank.

Please note cancellation charges may be payable if you cancel your booking or if we cancel it for non-payment because you have asked your bank to cancel the payments and you have not provided an alternative method of payment for your booking. We may debit your last card added to the system or other cards we hold against your order for any cancellation charges. Please see clause 10 and our Flexible Payment terms for more details.

If you are struggling financially and are not able to pay us on time, please contact us as soon as possible so that we can try and help you.

Cash Payments

We may accept payment in cash and when this is an available option it will be displayed on our website/App and you will be able to select “Pay with Cash” at the checkout when booking your holiday. If you select to pay for your holiday in cash, a barcode will be generated and you will be provided with instructions via email so that so that you can make payment for your holiday in cash at a local participating retailer (the names and addresses of participating retailers can be found via our website/App). You will receive a receipt from the retailer in respect of any cash payments you make and this is your evidence of payment, so please keep this in a safe place. Provided you make your cash payment to a participating retailer and obtain your receipt, your cash payment is treated as a payment made to Sunshine.

Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned or where we are acting as your agent, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal concerned, with the exception of bookings covered by an ATOL. Any money paid to us in respect of a booking covered by an ATOL is held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to our obligation to pay it to the ATOL Holder for so long as the ATOL Holder does not fail financially. If the ATOL Holder does fail financially, any money held at that time by us or subsequently accepted from the consumer by us, is and continues to be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the ATOL Holder.

Taxes

The local authorities in certain countries may impose additional taxes (tourist tax, etc), which have to be paid locally (e.g. at the hotel). You are exclusively responsible for paying such additional taxes.

Refunds

If you are entitled to a refund due to a flight that has been cancelled or subject to a major change, you must request the refund through the live chat function on “My Sunshine”. We will not accept a refund request made through any other means of communication.

If any refund is payable to you in accordance with these Booking Conditions, we will let you know how the refund will be made available to you via our live chat function. If the refund is unsuccessful, then please contact our customer service department.

5. Failure to make payment

Where you are paying by instalments under our flexible payment option, you have a legal obligation to pay us each instalment on the payment due date specified at the time of booking and in your booking confirmation, or, if you have moved your payment due date, the due date displayed in the 'My Sunshine' area of our website. Please note that you may incur an administrative charge of £10 each time you move your payment date.

It's important that you have sufficient funds in your account when we take payment. If we are unable to take payment in full:

• we may collect any available funds in your account up to the value of the amount owed plus a payment collection administrative charge of up to £5; and

• you may also incur an additional administrative charge of £20 which will be added to the total balance of your booking.

Please note the collection of a part payment does not affect our right to recover the remainder of any overdue payments.

If the card used to make your booking fails, or we are unable to recover the full amount due, and we hold other cards against your order we will also attempt to debit the outstanding amounts from those cards. If you wish us to debit an alternative card then please contact our customer service department or log on to manage your booking and make payment with the alternative card BEFORE the payment due date.

To increase security around payment collections, when you make a payment we store tokens (created from your card details so that we do not hold your card information) to make any subsequent payment collections automatically. We will always attempt to collect money from the last card you used first.

Should we be unable to collect a payment in full from you on the date on which it is due, we will also contact you to enable you to make payment. Should we be unable to contact you or to collect payment in full within a reasonable timeframe, we reserve the right to cancel the booking made on your behalf and in such circumstances you shall be required to pay our cancellation fee as set out in clause 101 together with any cancellation charges levied by the Supplier/Principals in accordance with their terms and conditions..

Rejected orders booked within 3-7 days of departure: Because of standard banking procedures, once you have submitted an order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your order. If your order is subsequently rejected by our system or cancelled for any other reason, your bank or card issuer will not transfer the funds for the order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

6. Pricing and errors

We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we and each Supplier/Principal reserves the right to correct advertised prices and other details in such circumstances at any time prior to confirmation. You must check the current price and all other details relating to your chosen Travel Arrangements that you wish to book at the time of booking. Where the Travel Service Arrangements or price have been listed incorrectly and the booking has already been confirmed, we reserve the right to cancel the booking and refund all monies paid to you.

7. Insurance

We strongly advise that you obtain travel insurance which includes cover for you and your party against any COVID-19 issues or incidents which may affect your booking as well as cover against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for diving/extreme sports/adventure travel and all other activities you have booked. 

If you choose to travel without adequate insurance cover, neither the Supplier/Principal nor we will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

If you purchase travel insurance through our website/App, this will not form part of any Multi-Contract Package you book. Please note that travel insurance premiums you to pay to us are non-refundable.

8. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing but 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/Principal is not confirmation that the request will be met.

9. Fitness to Travel and Medical Conditions

We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen Travel Arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen tour.

Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking on the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we will inform the Supplier/Principal who may cancel it and impose applicable cancellation charges, when we become aware of these details.

10. Changes and Cancellations by You

If your booking includes a Ryanair flight, any cancellation or amendment request which impacts the rest of your package (ie a change of flight time or date) must be requested by contacting us through “My Sunshine”. If we are able to accommodate your request, we will confirm this to you and you will need to log into your myRyanair account on the Ryanair website to make the requested amendments. Any amendments will be subject to the fees applied by Ryanair which could amount to the full price of the flight(s). If your amendment request does not impact your flight time or date (e.g. adding bags, seats), you must make the request direct on your myRyanair account.

Any cancellation or amendment request which does not include a Ryanair flight must be submitted through 'My Sunshine'. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Travel Arrangements. The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an amendment/cancellation fee as set out in the table below in consideration for us processing the amendment or cancellation request unless your amendment request relates to adding in-flight extras on to a Ryanair flight in which case the request will be made direct with Ryanair and no fee will be applied by us. We will notify you of the exact charges at the time of amendment or cancellation.

* Different cancellation fees may apply in relation to the "£1 Hotel Deposit policy" - please see clause 23 for more details.

Please note:

• Some Supplier/Principals do not allow changes and therefore full cancellation charges will apply.

• Sunshine administration and amendment fees are non-refundable.

• If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim cancellation costs from your insurance company. Your insurance premium is non-refundable by us.

• Where you are paying for your Travel Arrangements in instalments or monthly under our flexible payment options, in the event you cancel (or we do in accordance with clause 5):

  • You will still be liable to pay any non-refundable Supplier/Principal charges in connection with your Travel Arrangements (to the extent not already paid) in addition to our cancellation fee and any cancellation charges imposed by the relevant Supplier/Principal. Please note that most airlines have a policy that bookings are non-refundable, therefore if your booking is cancelled before the flight cost has been paid, it is likely you will still have to pay for your flights. Please see our Flexible Payment terms for further details.

  • If the amount you have paid for your Travel Arrangements at the point of cancellation does not cover the cancellation charges set out in this clause, you must immediately pay any difference between the amount you have paid and the cancellation charges applied. In accepting these Booking Conditions, you give us authority to automatically debit the last card added to the system in this respect. If this card fails and we hold other cards against your order, we will also attempt to debit the amounts owed from those cards. If you wish us to debit an alternative card then please contact our customer service department.

Where you have booked a Multi-Contract Package, there are certain circumstances where you can cancel without paying cancellation charges – please see clause 28 for further details.

11. Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed Travel Arrangements or to cancel them (unless your package includes a Ryanair flight in which case Ryanair will send you an email notification). We will also liaise between you and the Supplier/Principal in relation to any alternative travel arrangements offered by the Supplier/Principal but we will have no further liability to you.

Where you have booked a Multi-Contract Package, additional terms and conditions apply to your booking, please see clause 29 for further details.

12. COVID-19

We both acknowledge and agree that the COVID-19 pandemic has affected travel throughout the world and that we both have responsibilities to comply with various laws, regulations and guidance issued by governmental or regulatory authorities which seek to manage the risks caused by COVID-19.

You acknowledge that laws, regulations and the Supplier/Principals providing your holiday (such as airlines, train operators, cruise operators, hoteliers and other service providers) may require you and employees of the Supplier/Principals to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-masks and gloves and abide by social distancing requirements. There may also be limitations on the number of persons who may use facilities or services at any particular time, limitations on the availability of certain facilities and services (e.g. buffet and self-service restaurants may be replaced by a-la-carte, spas and pools may be closed), requirements to pre-book facilities and services, sanitisation and other hygiene requirements. 

You also acknowledge that certain Supplier/Principals, ports, airports, border control or other third parties may require you to undertake certain health formalities or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You agree that it is your obligation to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or the use of some other facility or service which forms part of your booking. We shall not be liable to you for any refunds or compensation in relation to such matters.

You also acknowledge that certain countries may impose quarantine or self-isolation measures upon travellers, whether in the place of destination or upon return. 

We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing. In the UK, the Foreign and Commonwealth Office’s latest advice for travel to other countries is available here https://www.gov.uk/foreign-travel-advice.

You agree to notify us immediately if you test positive for COVID-19 at any time after you make your booking with us, if you consider that you may have COVID-19 symptoms or if you become aware that you may have come into close contact with someone who has tested positive for COVID-19 or who may have COVID-19 symptoms. We may share this information with the relevant Supplier/Principals for your booking in accordance with the terms of our privacy policy.

If you notify us before travelling, and we (or the relevant Supplier/Principal) conclude that you are no longer able to travel because of the COVID-19 risk, then your booking will be treated as having been cancelled by you and our standard cancellation charges will apply. We will, however, explore with you whether it is possible for you to postpone your booking to a later date, which may incur further charges. It might also be possible for you to transfer your booking to another person, subject to the terms of transfer set out in these Booking Conditions.

If you notify us during travel, you acknowledge that we or your Supplier/Principals (or local laws and regulations) may require you to follow certain measures designed to manage the risk of COVID-19 and may refuse to provide you with the relevant service(s). You may, for instance, be required to self-isolate for a period of time. You agree to comply with these requirements. In this instance, we will provide you with such reasonable assistance as we are able to in the circumstances. However, we will not be responsible for meeting any costs incurred by you or for refunding or compensating you for the curtailment of your holiday, cancelled or rebooked transportation, additional accommodation or other associated costs you incur in connection with the same.

We both agree that the measures set out above are a necessary part of keeping you, other travellers, employees and the public safe on holiday. You are making your booking in full knowledge that such measures are likely to be a part of your holiday and do not amount insignificant or significant changes to your booking, nor do they amount to any Failure (as defined in clause 30). 

We shall have no liability to you for any refunds, compensation, losses, costs, expenses or damages you incur in connection with the matters described above or if you are unable to travel or make use of all or part of your booking because of these matters. These are risks which you must protect through obtaining comprehensive travel insurance.

13. Complaints

As the contract for your Travel Arrangements is between you and the Supplier/Principal, any queries or concerns about your Travel Arrangements should be addressed to them in the first instance. If you have a problem with your Travel Arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

Important: claims/complaints about injuries or illness

In the unfortunate event that you suffer an injury or an illness while you are on holiday, and you believe this is the fault of one of the Supplier/Principals, it is very important that you notify the Supplier/Principal while you are on holiday.

Accommodation providers will not accept claims for illness or injury unless the issue is reported to the hotelier at the time whilst in the hotel. You will often be asked to sign a document agreeing to a specific claims process when you arrive at a hotel. This is as a result of an increasing number of fraudulent claims being received.

If you remain unsatisfied, you can inform us, in writing by completing our complaints web form immediately on return to the UK and, in any event, within 28 days of your return whereby we will endeavour to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.

If we are not able to resolve a dispute informally, you can request for the matter to be resolved through independent Arbitration operated by Hunt ADR. If you wish to make an application for Arbitration please contact us with your request and we will send you an application form to complete and return to Hunt ADR along with their processing fee.

14. Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Travel Arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Travel Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Please Note: Where you have booked a Multi-Contract Package we will accept responsibility for that Multi-Contract Package as a package organiser and additional terms and condition apply. Please see clause 30 for further information.

15. 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 “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, air traffic control strikes, flight cancellations and all similar events outside our or the supplier(s) concerned’s control.

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

16. Visa, Passport and Health Requirements

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports. Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued form EHIC prior to departure.

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

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

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

17. Law and Jurisdiction

These Booking Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

18. Accommodation Ratings and Standards

All ratings are as provided by the relevant Supplier/Principal or are Sunshine’s own average ratings based on our industry knowledge and customer feedback. Our own ratings are clearly marked and are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given. We have made reasonable efforts to establish the official rating of the accommodation and include this within the description of the accommodation on our website.

19. Documentation & Information

All descriptions and content on our website or otherwise issued by us is intended to present a general idea of the services provided by the Supplier/Principal and (where we are acting as their agent or sub-agent) is done so on behalf of the Supplier/Principal in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Travel Arrangements or any other services please contact us.

20. 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 15).

21. Your Behaviour

You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

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

22. Flights

Flight bookings

When booking a flight, we will usually act as your agent, that is to say you appoint us to source and book flights on your behalf, based on the criteria you have specified to us. Therefore for most airlines, including without limitation, Easyjet, Jet2, Ryanair, Wizz Air and TUI, we will act as your agent to source and book flights on your behalf. For other airlines however we will act as the Supplier/Principal’s agent or sub-agent (e.g. for charter flights).

Whether we are acting as your agent or agent/sub-agent of the Supplier/Principal in relation to the flight booking, either way we will arrange for you to enter into a contract directly with the relevant Supplier/Principal. For the avoidance of doubt, we will never act as agent for both you and the relevant Supplier/Principal in respect of the same Travel Arrangement.

Flight times and tickets

Flight times shown are provisional and may be subject to change, as per the booking conditions. You should ensure that you have your flight reference number which will be required for check-in. The flight reference and check-in procedures are included in the booking confirmation email we send to you. Some flight providers will require this check-in procedure to be carried out online. Failure to check-in online will result in check-in fees at the airport which you will be liable to pay for.

Data

The flight information advertised comes from all the major airlines. The data is regularly updated. Seat availability and pricing is at the operator's discretion and is subject to availability. Please be aware that prices can fluctuate.

Luggage and other flight extras

All airlines have a standard hand luggage allowance which is included in our online prices. Allowances differ significantly from airline to airline. The allowance you are entitled to will be shown in the booking conditions of your airline which are displayed at the bottom of your documentation. Where you require additional luggage allowance this can be added to the booking prior to checkout and paid for.

Certain airlines consider hold luggage to be an optional extra. When you are booking with an airline that does make a charge for luggage it is not included or displayed in our head line prices and the option to add this extra facility will be offered to you at the time of booking. The luggage allowance will be dictated by the airline in question and can again vary. Should you choose not to take any hold luggage on your trip then you will receive the standard hand luggage allowance as detailed in the airlines booking conditions. This will normally be between 5 and 10kgs. Bags must be no larger than the dimensions allowed by the airline in question for carry-on luggage. For further information please refer to the airline booking conditions.

Our online prices do not include in-flight meals.

Please note where flight extras (such as bags and meals) are added at or after the time of booking they cannot be removed, cancelled or refunded.

Flights - general

Please note, generally airlines have a policy that bookings are non-refundable.

We will purchase the flight seats on your behalf directly from the airline. In the case of some airlines, you agree that we may arrange for a one-time payment card to be issued in your name which we will use to purchase the flight seats on your behalf. Where such a card is issued, you agree that we will act on your behalf in respect of purchasing the flight seats using this card. You also authorise us to instruct the card issuer to initiate chargebacks on your behalf, and to pursue these chargebacks on your behalf, where such rights arise under the card scheme rules. We shall act as your authorised agent in relation to any chargeback claim and, if the chargeback claim is successful, you agree that the funds shall be returned to and retained by us. This clause does not affect any right to a refund you are entitled to from us under these Booking Conditions.

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

Dangerous goods

There are regulations which set out what items you are allowed to take onboard an aircraft and the items you are allowed to carry in your checked-in baggage. These will be set out on your airline’s website, for instance: Ryanair, easyJet, Jet2 and Wizz Air. The requirements are also typically set out in your airline’s conditions of carriage, which will be made available to you to review before you book. You can also read guidance from the Civil Aviation Authority on these rules on its website. You must comply with these rules.

Multiple airlines, triangular flights and 2 x one-way flights

Where we book a multiple airline, triangular flight (different UK airports for outbound and inbound e.g. fly out of Manchester and fly in to Liverpool) and or 2 x one-way flights on your behalf we will be making two separate flight bookings with two separate flight suppliers or at times the same flight supplier. In certain cases in order to ensure our prices are as competitive as possible for all customers, we will book a return flight (same airline, same route) as 2 one-way flights - one booking will be for the outbound leg of your flights and another for the inbound leg of your flights. When making a multiple airline or triangular flight booking the different UK airports will be displayed throughout the booking process and a multiple airline logo will be shown.

You will see two flight vouchers displayed on your paperwork, two flight references and at times two separate flight suppliers booking conditions. This does not affect your travel arrangements in any way and you simply use the correct voucher to check-in for each leg of your journey.

Scheduled flights

Our website/App offers scheduled flights from all the major airlines. Please note that in certain cases these flights may be indirect and fly via other airports. The flight display will show the take- off time from the departure airport and the landing time into the destination airport correctly. Where an in-direct flight is offered full details of any flight stopovers will be made clear to you at the time of booking. Please note many scheduled flights are non-amendable and non-refundable once booked.

Ryanair Seating Reservations

Ryanair have introduced a policy of mandatory seat reservations for parties travelling with one or more children under the age of 12 on the date of travel. This means that for every four children (or less) on a booking, one adult MUST have a reserved seat at a cost of £4. The children will then also be allocated a reserved seat at no additional cost.

Sunshine will implement this policy by booking a single seat reservation on the flight for ONE adult in a party and up to four children. Parties with more than four children will have an additional adult seat reservation made for a further £4.

23. Hotels

Hotel bookings

When booking your accommodation, we will always act as the Supplier/Principal’s agent or sub-agent.

For the avoidance of doubt, we will never act as your agent, and will never act as agent for both you and the relevant Supplier/Principal in respect of the same Travel Arrangement.

Hotel Booking Procedure

Unless otherwise requested at the time of booking, standard internationally accepted practice dictates that your accommodation will be booked from the day that you depart the UK for the required duration. The dates and times of your accommodation booking will be included on your accommodation voucher (please check this carefully). After registration, on arrival at your accommodation, you will be allocated a room. When travelling on flights departing the UK after midnight, your room will be reserved from the previous day. You must normally check-out of your room by 12 noon on the day before a night flight home or on the departure date for an evening flight. We will request a late check-out for the room, however, this is not guaranteed. If we were not to book the hotel until the day that you land (for flights landing in the early hours of the morning), you would not be able to access your room for several hours after your arrival in the hotel. Your flight details are included in the booking details we pass to hotels so hotel staff should be aware of your flight timings. They will also be notified on your booking that you require a late check-out. Most hotels provide this late checkout facility. This will usually incur a small charge payable on the spot (it is impossible for us to prepay this charge) and should be requested at the start of your stay so as to avoid disappointment.

£1 Hotel Deposit Policy

Our "£1 Hotel Deposit Policy" applies to all hotels, which are subject to availability. This policy means you can book your Hotel Only stay for £1 with the final balance due 4 weeks before you travel. Should you wish to cancel your hotel more than 2 weeks before your departure date, then you will only pay £1. If you wish to cancel within 2 weeks of departure, charges will apply in accordance with clause 10. We reserve the right to charge an additional fee in accordance with clause 10 should you wish to make any amendments to your reservation.

"Kids Included" Policy

Our "Kids Included" policy applies to selected hotels only, which are subject to availability. Prices for adults may change according to the number of adults booked per room. Where there is only one adult per booking, you may be liable to pay a single occupancy supplement for the room you choose. This supplement may range from 10 to 100% of the standard room rate, meaning that the price for the room may be the same as if there were 2 adults per booking. In addition, prices may vary according to the board basis of the booking and/or the ages of the children included in the booking.

Sunshine's pricing policy means that the price you see displayed on the hotel page is the price you pay per adult for the whole room. Children are included in this price so there are no additional room costs to pay for them. Some Supplier/Principals may impose a limit on the number of children that can stay in each room. This is not controlled by Sunshine in any way.

Non-Refundable Rooms

If you book a non- refundable room you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings which include non- refundable rooms. Full payment is required at the time of the booking.

24. Holiday Checklist

Before you travel on holiday you are required to complete your 'Holiday Checklist' which can be found in the 'My Sunshine' area of our website. The Holiday Checklist is available for completion at least 7 days before you travel. We will send you an email notifying you when your Holiday Checklist is available for completion.

We will send you regular reminders that your Holiday Checklist needs to be completed in the period before your departure. You must have completed your Holiday Checklist at least one week before you depart.

If you have not completed your Holiday Checklist one week before your departure we will contact you by telephone. If we complete the Holiday Checklist for you over the telephone this may incur an administrative charge of up to £5.00 per booking.

25. Assignment of claims

In the event that you or a member of your party has a direct legal claim against a Supplier/Principal for a refund, compensation or other loss or damage, and we agree to pay such sum to you (whether as a result of a concurrent legal obligation which we have to you or otherwise), you agree that upon such payment being made you shall assign your rights, title, interest, and benefit in and to such legal claims to us upon our request.

You agree that you will not assign or otherwise transfer any of your legal rights or claims against us which arise out of or are in connection with your booking or these Booking Conditions except as otherwise permitted in these Booking Conditions. 

26. Chargebacks and claims against Travel Providers

Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). Rather, your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.

You agree that if you initiate a Chargeback or make a demand for payment from a Supplier/Principal, we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Booking Conditions (or otherwise) until the Chargeback or claim against the Supplier/Principal has been finally determined and the time limit for any challenge or appeal has expired.

SECTION B: MULTI-CONTRACT PACKAGE BOOKINGS

This section only applies to Multi-Contract Packages (please see clause 2 for further information) and should be read in conjunction with Section A of these Booking Conditions.

27. Transferring Your Multi-Contract Package Booking

If any member of your party is prevented from travelling on their Multi-Contract Package, that person(s) may transfer their place to someone else, subject to the following conditions:

• that person is introduced by you and satisfies all the conditions applicable to the Travel Arrangements making up the Multi-Contract Package;

• we are notified not less than 7 days before departure;

• you pay any outstanding balance payment, an amendment fee of £30 or £45 (as applicable - see clause 10) per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

• the transferee agrees to these Booking Conditions, the Supplier/Principal’s terms and conditions and all other requirements applicable to the Travel Arrangements making up the Multi-Contract Package.

• You and the transferee remain jointly and severally liable for payment of all sums.

If you are unable to find a replacement, cancellation charges as set out will apply in accordance with clause 10. Otherwise, no refunds will be given for passengers not travelling or for unused services.

28. If You Cancel your Multi-Contract Package due to Unavoidable & Extraordinary Circumstances

If you have booked a Multi-Contract Package, you have the right to cancel your confirmed Multi-Contract Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affects performance of the Multi-Contract Package or your transportation to the destination. In these circumstances, we shall provide you with a refund of the monies you have paid but we will not be liable to pay you any compensation. 

For the purposes of these Booking Conditions, “unavoidable and extraordinary circumstances” means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.  This might include warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. However, whether these situations amount to “unavoidable and extraordinary circumstances” will depend on the particular situation.

The Foreign, Commonwealth & Development Office (“FCDO”) issues travel advice which is available at the website described in clause 16 above. We take this advice into account when determining whether the cancellation rights described in this clause 28 have arisen, but this is not the only factor we consider. The FCDO advice may not highlight any issues which significantly affect the ability of the Supplier/Principal to perform the Travel Arrangements included in your Multi-Contract Package, or it may be that arrangements can be made to address any issues highlighted by the FCDO. If that is the case, then you will not be entitled to exercise the cancelation right described in this clause 28.

IMPORTANT NOTE: COVID-19 AND FCDO ADVICE

Please note that if the FCDO COVID Advice applies to your chosen destination at the time of your departure, it is likely that your Travel Arrangements will still be operating and available to you. In that case, provided that performance of the Travel Arrangements included in your Multi-Contract Package are not significantly affected by COVID-19, the cancellation rights described in this clause 28 will not apply. 

If you do wish to cancel in these circumstances, the cancellation terms set out in clause 10 shall apply. However, we will refund any money paid towards your hotel and transfer costs and waive our cancellation fee, but your flight will depend on your airline’s cancellation policy. If your airline provides a full or partial cash refund, we will pass this on to you once we receive it. If your flight is non-refundable, you should check whether you can claim this under your travel insurance.

29. Changes and cancellation of your Multi-Contract Package by the Supplier/Principal and us

Where you have booked a Multi-Contract Package and the Supplier/Principal makes a change to or cancels the Travel Arrangements which form your Multi-Contract Package, the provisions of this clause 29 will apply.

Your rights of cancellation will depend on whether the change is an “Insignificant Change” or a “Significant Change”. This is defined clearly in the Package Travel Regulations, and might have a different meaning to what you think it has: we explain the difference below. Insignificant Changes We or your Supplier/Principal may make an insignificant change to your Travel Arrangements at any time before the start of your Multi-Contract Package. If we or the Supplier/Principal makes an insignificant change to your Travel Arrangements, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you and if you choose to cancel your holiday, normal cancellation charges will apply. Insignificant Changes include the following:

• Change to your accommodation (see further below), where the alternative offered is of the same or better standard, has the same main features, and is in the same location (i.e. it’s the same tourist destination);

• Changes to services available at your accommodation, unless this is a major change to one of the main features of your accommodation;

• Alteration of your outward/return flights by less than 12 hours;

• Changes to carriers such as airlines and changes to aircraft or vehicle type;

• Any and all measures similar to those set out in clause 12 (COVID-19).

SPECIAL NOTE ON ACCOMMODATION CHANGES AND CHANGES TO SPECIFIC FACILITIES Due to the COVID-19 crisis, many hotels are closing on short notice and we are arranging alternatives for our customers. Of the hotels that have stayed open, a number have made changes to facilities in order to meet new requirements around COVID risk to keep customers and staff safe. It is important to note that while a change to your hotel or to facilities at your hotel might not feel like an “insignificant change” to you, under the Package Travel Regulations, HOTEL CHANGES AND CHANGES TO SPECIFIC FACILITIES ARE “INSIGNIFICANT CHANGES” provided they meet the criteria above, which most hotel changes and facility changes will be.

Where your flight is still operating, those flights are non-refundable, which is why in order to protect package organisers and customers, the Package Travel Regulations allow the package organiser to provide suitable alternative accommodation and customers only have the right to cancel without incurring cancellation charges where we have not been able to provide an alternative which is of the same or better standard, with the same main features, and in the same location/destination.

Significant Changes

Occasionally the Supplier/Principal may have to make a significant change to your confirmed Travel Arrangements. Examples of “significant changes” include the following, when made before departure:

• A change of accommodation area for the whole or a significant part of your time away.

• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away

• A change of outward departure time or overall length of your Travel Arrangements by more than 12 hours.

• A change of UK departure airport except between:

  • The London airports: Gatwick, Heathrow, Luton, Stansted, London City and Southend

  • The South Coast airports: Southampton, Bournemouth and Exeter

  • The South Western airports: Cardiff and Bristol

  • The Midlands airports: Birmingham, East Midlands and Doncaster Sheffield

  • The Northern airports: Liverpool, Manchester and Leeds Bradford

  • The North Eastern airports: Newcastle and Teesside

  • The Scottish airports: Edinburgh, Glasgow, Prestwick and Aberdeen.

• A significant change to your itinerary, missing out one or more destination entirely.

If we have to make a significant change to your Multi-Contract Package (for instance, because the Supplier/Principal makes a significant change to your Travel Arrangements), we will tell you as soon as possible (unless your package includes a Ryanair flight in which case Ryanair will send you an email notification and you must contact us through ‘My Sunshine’ before you take any further steps to change or cancel your flights) and if there is time to do so before departure, we will offer you the choice of:

1. accepting the changed Travel Arrangements. If this results in a Multi-Contract Package of lower quality or cost, you may be entitled to a price reduction; or

2. reject the proposed change, terminate your Multi-Contract Package booking and receive a full refund of all monies paid; or

3. reject the proposed change, terminate your Multi-Contract Package booking and take an alternative one if we decide to offer this. If you decide to take an alternative Multi-Contract Package, we will inform you of its impact on the price of your booking and any additional sums to be paid. If the alternative Multi-Contract Package is of a lower quality or cost, you may be entitled to a price reduction.

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

On rare occasions, we may have to cancel your Multi-Contract Package, for instance where the Supplier/Principal has cancelled a Travel Arrangement included in a Multi-Contract Package, and we reserve the right to do so. If we do so, we will notify you as soon as possible. We may also decide to offer you an alternative Multi-Contract Package if we are able to do, and inform you of its impact on the price of your booking and any additional sums to be paid. If the alternative Multi-Contract Package is of a lower quality or cost, you may be entitled to a price reduction. If we do not offer you an alternative Multi-Contract Package, or even if you just prefer, we will provide you with a full refund of any payments made for the Multi-Contract Package.

You may be entitled to compensation as a result of our cancellation of your Multi-Contract Package, except where we are prevented from providing the Multi-Contract Package because of Unavoidable and Extraordinary Circumstances (as defined in clause 28) and we notify you of the cancellation without undue delay before the start of your Multi-Contract Package.

30. Our Responsibilities in Respect of Multi-Contract Packages

1. We have a liability to you for the performance of the Travel Arrangements included in your Multi-Contract under the PTRs, irrespective of the fact that such Travel Arrangements are to be performed by the Supplier/Principals. However, you must tell us immediately of any failure to perform or improper performance of your Travel Arrangements (“Failure”). This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with paragraph 3 of this clause 30.

2. Please note that the measures set out in clause 13 (COVID-19) are those required to manage the risks of COVID-19 as part of a normal safety management system. By making a booking with us, you agree that their existence shall not be considered as any form of Failure.

3. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange those Travel Arrangements and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Multi-Contract Package you may be entitled to an appropriate price reduction or compensation or both. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or the Supplier/Principal’s negligence affected the overall enjoyment of your Multi-Contract Package. Please note that it is your responsibility to show that we or the Supplier/Principals have been negligent if you wish to make a claim against us.

4. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

   1. the act(s) and/or omission(s) of the person(s) affected; or

   2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services forming part of your Multi-Contract Package and which were unavoidable and extraordinary; or

   3. Force Majeure (as defined in clause 15); or

   4. is connected with the matters described in clause 12 (COVID-19).

5. We limit the amount of compensation we may have to pay you if we are found liable under this clause

   1. loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

   2. Claims not falling under (A) above and which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

   3. Claims in respect of international travel by air, sea and rail, or any stay in a hotel. 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 Travel 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 Multi-Contract Package booking 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 Multi-Contract Package booking. In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you arising out of your Multi-Contract Package booking, 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. 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.

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

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

8. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

   1. 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; or

   2. relate to any business.

9. We will not accept responsibility for services or facilities which were not included on your booking confirmation or where they are not advertised in our brochure / on our website. 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.

10. Where it is impossible for you to return to your departure point as per the agreed return date of your Multi-Contract Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Multi-Contract Package. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

31. Insolvency Protection for Multi-Contract Package Payments

We provide financial protection Multi-Contract Packages which include flights, by way of the ATOL scheme, operated by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email [email protected]. On the Beach Limited is an Accredited Body Member of On the Beach Travel Limited (ATOL number 11549). When you buy a flight inclusive Multi-Contract 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. For further information, visit the CAA website at https://www.caa.co.uk/atol-protection/. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices.

ATOL protection does not apply to all holidays and travel services listed on our website. Our website will provide you with information on the protection that applies in the case of each holiday and travel service offered before you make your booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL certificate but all of the parts of your trip are not listed on it, those parts will not be ATOL protected.

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 Travel Arrangements that don’t form part of a Multi-Contract Package your monies may not be financially protected. Please ask us for further details.

32. Prompt Assistance for Multi-Contract Packages

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