PDF
Marriott Holidays General Terms and Conditions for Booking
These General Terms and Conditions only apply to bookings made on marriottholidays.poweredbygps.co.uk (the "Website") for air services, car hire, destination services and accommodations booked as a Package Holiday. All accommodation booked separately on www. marriott.co.uk will be governed by Marriott’s Terms and Conditions.
The Services offered by us (as defined below) and Third-Party Providers via the Website can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. Customers undertake to fulfill the obligations contained within these General Terms and Conditions. The agreement between Customers and the applicable Travel Service Provider comes into force as soon as we provide written confirmation of a booking to Customers.
Customers should save and/or print a copy of these General Terms and Conditions for future reference when making a booking.
Article 1. Definitions and scope
1.1 Definitions
The following definitions have the same meaning whether they are singular or plural. 'ATOL Certificate' means the certificate that is sent to the Lead Customer following a Package Booking which sets out various details of the booking and provides proof the booking is protected by the ATOL Scheme.
'Customer' (or "you/your") means a customer who reserves and/or books one or more Services offered on the Website.
‘Destination Service' means the offering of tickets to events, activities or tourist attractions at travel destinations, such as concerts or guided tours.
'EI' means Expedia, Inc, whose registered office is at 333 108th Avenue NE Bellevue, WA 98004, USA and whose contact email address is questions@poweredbygps.com (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email).
'Failure' has the meaning set out in Article 3.5.5.
'Lead Customer' means the Customer who makes a booking for themselves and/or on behalf of others under the same booking.
‘Linked Travel Arrangement’ means the same as the definition of a “linked travel arrangement” in the Package Travel Regulations.
'Package Holiday' means the same as the definition of a "package" in the Package Travel Regulations.
'Package Travel Regulations' means The Package Travel and Linked Travel Arrangements Regulations 2018.
'Rules and Restrictions' means the terms and conditions applicable to the Services provided by the Third Party Providers (including, amongst others, accommodation provider rules and restrictions and airlines’ conditions of carriage).
'Service' means a service offered on the Website, such as air transport services, accommodations services, car hire, services Destination Services booked as a Package Holiday and related payment processing services.
‘TPX’ means Travel Partner Exchange, S.L. whose registered office is Paseo Milicias de Garachico 1, Edificio Hamilton, oficina 79 38002 Santa Cruz de Tenerife, Canary Islands, Spain.
‘Travel Service Provider’ means the provider who makes the Services available – for example an accommodation provider, airline, car hire company, tour operator, Travelscape and/ or activities provider.
‘Third Party Provider’ means a party, other than Expedia who, (a) makes the Services available to the Customer directly, or (b) fulfils the Services where Travelscape makes the Service available to the Customer.
‘Travelscape’ means Travelscape LLC, a company incorporated and resident for all purposes in the USA whose registered office is 10190 Covington Cross Drive, Suite 300, Las Vegas, NV 89144.
'Unavoidable and Extraordinary Circumstances' has the meaning set out in Article 3.5.7.
'we’, ‘us’, or ‘our ' means EI and/or Travelscape.
1.2 Scope and your relationship with us
EI operates the Website which acts as an interface between you and the various Travel Service Providers offering the Services. When you make a booking for a Service using the Website, you will be entering into a contract with the relevant Travel Service Providers for that Service.
These General Terms and Conditions apply to the offering and providing of Services via the Website and shall incorporate any applicable Rules and Restrictions which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is the Customer’s responsibility to familiarise himself/herself with these General Terms and Conditions and applicable Rules and Restrictions. The Rules and Restrictions for air transport services are made available prior to making a booking and the specific terms of the relevant Third Party Provider can be re-viewed here. Specific accommodation, car or activity Third Party Provider Rules and Restrictions are provided prior to making a booking.
The General Terms and Conditions can be changed by EI and the Rules and Restrictions can be changed by the Travel Service Provider at any time without prior notice, although such changes will not apply to bookings that have already been accepted by EI on behalf of the applicable Travel Service Provider concerned. It is therefore essential that the Customer reads, saves and/or prints a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.
Bookings made on the Website will not be eligible for Expedia+ or Nectar points.
Article 2. Booking via the Website
2.1 The Customer's legal authority
The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Travel Service Providers.
The Lead Customer must be at least 18 years old, be legally authorised to enter into contractual obligations at the time of booking, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions and the Terms of Use.
The Lead Customer must also ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these General Terms and Conditions and that the Lead Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all customers in the booking.
The Lead Customer is the person who is responsible for the booking, paying the deposit and the full price, making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.
The Lead Customer agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances including where personal details do not correspond with those shown on the passports of those travelling under the booking.
The Lead Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing Customers access to the Services offered by us and the Travel Service Providers or to the other functionalities of the Website.
2.2 Confirming and cancelling bookings
2.2.1 Confirming. Confirmation of a booking, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Lead Customer by e-mail. If the Lead Customer does not receive a booking confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services at questions@poweredbygps.com or on 0203-027-9566 (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email).
It is expressly agreed that the data stored in the information systems of EI, Travelscape and / or its Travel Service Providersshall constitute proof with respect to the bookings made by the Lead Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
2.2.2 Cancellation. Cancellations can be made for Package Holidays by calling 0203 027 9566.
All such requests will be dealt with on behalf of the Travel Service Providers concerned. Customers do not have an automatic right of cancellation unless such rights are provided by the individual Third Party Providers under their Rules and Restrictions (which are provided to the Customer prior to booking), or if you have booked a Package Holiday (see Article 3.5).
In the event of cancellation or partial cancellation of a booking by the Lead Customer, charges may be imposed by the applicable Third Party Providers – please refer to the Rules and Restrictions notified in the booking process for more details. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect of each person on the booking.
If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the applicable Rules and Restrictions as notified in the booking process.
EI reserves the right to cancel a Customer´s booking if full payment for the booking, or any applicable cancellation fee relating to a booking is not received in a timely fashion.
For additional cancellation rights and restrictions relating to Package Holidays, see Article 3.5.
2.2.3 Change of booking, If after making the booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should call 0203-027-9566. A fee may be imposed by the applicable Third Party Provider in the event of a change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.
EI reserves the right to cancel a Customer´s booking if full payment for any applicable change fee relating to a booking is not received in a timely fashion.
For additional rights and restrictions when making changes to Package Holiday bookings, see Article 3.5.
2.2.4 Reimbursements. In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as us, a Third Party Provider, or such other party as may appear on Customer's credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note that refunds of flight bookings may take up to 6 months.
2.2.5 Restricted fares. Unless otherwise stated by the Customer, it is assumed that the Customer requires the least expensive travel Services. Such Services (e.g. "economy class" fares) may be provided without any possibility of modification or cancellation. In such cases, the Services cannot be provided in a different manner or at a different time or place to those contracted.
2.3 Travel documents
The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Lead Customer when making his / her reservation.
In relation to ATOL Certificates, the Lead Customer will receive an email including a secure click-through link to their ATOL Certificate shortly after booking payment has been completed. In the unlikely event that the Lead Customer has not received the ATOL Certificate email within 48 hours of completing their booking payment the Lead Customer should contact us on 0203-027-9566 or email us at questions@poweredbygps.com (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email).
Where a Lead Customer selected post as their delivery method for train tickets or for other Services in the unlikely event that physical travel documents are required, these will be sent to the address given by the Lead Customer when making his / her reservation. Travel documents can only be delivered to addresses in United Kingdom and will not be delivered to addresses in other countries. EI reserves the right to charge a non-refundable fee which will be notified at the time of booking to post or courier travel documents to Customers.
Expedia does not guarantee any delivery times, and will not be responsible for physical travel documents sent by post or courier not reaching the Customer before the departure date (whether due to failure by the delivery service chosen or otherwise). Customers should allow sufficient time for the chosen delivery method to ensure that they receive their physical travel documents in advance of their date of travel. Please bear this in mind when selecting a delivery method for train tickets. It is the Lead Customer’s responsibility to ensure that the address they provide for postal or courier delivery of tickets is correct.
If the delivery of travel documents is impossible because of an error made by the Lead Customer in providing his / her personal details, neither the Travel Service Provider nor EI shall be liable.
Article 3. Specific Services
EI operates the Website, which acts as an interface between the Customer and the Travel Service Provider with respect to offering and making available all Services.
The purpose of this Article 3 is to provide details of the terms and conditions of use of the Services provided by the Travel Service Provider for the Customer's information. These details are not exhaustive and do not replace the applicable Rules and Restrictions. In the event of any conflict or inconsistency between the General Terms and Conditions and the Rules and Restrictions which are incorporated into these General Terms and Conditions, the Rules and Restrictions will prevail. The Rules and Restrictions are made available prior to making a booking.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of EI.
3.1 Air transport services
Air transport services may be offered as part of a Package Holiday and are subject to the applicable Rules and Restrictions (including conditions of carriage, fare rules and restrictions) of the Third Party Provider as well as the provisions of this Article 3.1. The Rules and Restrictions may include restrictions on and/or charges for cancellation and changes. The Rules and Restrictions of Third Party Providers of air transport services are made available prior to making a booking and the specific terms of the relevant Third Party Provider can be re-viewed here.
Any money paid to an authorised agent (for the purpose of the Air Travel Organisers Licensing Regulations 2012) of ours in respect of an EI/Travelscape flight-inclusive Package Holiday is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the Customer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
Prices and fees for some low-cost flights originating outside of the UK may be in another currency (e.g. EUR), which we will provide an estimate for in GBP. The actual amount charged by the low-cost carrier may slightly differ due to varying exchange rates applied by different card issuers. In addition, your statement may include a non-sterling transaction fee charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.
EU Community list
In accordance with EU regulations, details of air carriers that are subject to an operating ban within the European Community is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm.
3.1.1 Air transport terms and conditions. The Customer is responsible for complying with the instructions of the airline and/or tour operator, in particular with respect to flight check-in times. In particular, the Customer acknowledges and agrees that:
- We have no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure.
- We have no control over any indications of the hours spent flying which are provided by the Third Party Provider of the relevant air transport services, which are given for guidance only and which are subject to alteration and confirmation.
- It is the Customer's responsibility to confirm his / her return flight in accordance with the requirements of the Third Party Provider of the relevant air transport service.
- If Customer books a return journey and does not use the outward flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use flight coupons in sequence.
- In the case of special or charter flights, the name of the airline, the flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outward and return flights in the trip. In accordance with the applicable Rules and Restrictions, these flights, aircraft types and flight numbers can be subject to change, and can be moved by up to 24 hours, even after confirmation.
- Additional charges may be imposed by some airlines for meals, luggage, preferred seat selection, etc. We are not responsible for such charges and information on charges shown on the Website are for information only and may be amended by airlines at any time.
- The Customer must comply with all applicable Rules and Restrictions on the carriage of pregnant women.
- The Customer must comply with the applicable Rules and Restrictions on the carriage of children and in particular that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Customers who do not comply with this will not be eligible for a refund of any seat charges incurred during travel. Children under 2 years will not be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 14 will only be carried in accordance with the applicable Rules and Restrictions.
The Rules and Restrictions of Third Party Provider of air transport services are made available prior to making a booking and can be re-viewed here
For further guidance on preparing for a flight please refer to our online Customer Support resources here
3.1.2 Combined one-way tickets. EI may offer Customers the opportunity to book a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines.
Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
3.1.3 Administrative and / or health regulations. International Travel: you are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We have no special knowledge regarding foreign entry requirements or travel documents. We urge Customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
You may find information about these issues here: https://www.gov.uk/foreign-travel-advice
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Online medical advice for travellers can be found at the Department of Health's website currently located at http://www.doh.gov.uk. Otherwise, for medical advice regarding your journey, please contact your doctor.
Disinsection: Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see the UK Civil Aviation Authority website.
For UK citizens a valid 10-year passport is necessary for all holidays offered on the Website. Some overseas countries have an immigration requirement that a Customer's passport is valid for a minimum period after the Customer enters that country, typically 6 months. If a Customer's passport is in its final year of validity, the Customer is advised to confirm the requirements of the destination before making final travel plans. The name on the passport must match the name on the ticket, otherwise the Customer may not be able to travel and insurance may be invalid. If, after booking a holiday/Service but before travelling, any member of the Customer's party changes their name, e.g. as a result of getting married, Customer must notify Customer Services by calling 0203-027-9566.
British citizens are advised to consult the Identity and Passport Service for additional information on passport requirements. For information on visa requirements, Customers are advised to contact the embassy of the country they propose to visit. Non-British citizens are advised to consult their embassy or passport office for information and advice on visa and passport requirements required for the countries they propose to visit (and for return to United Kingdom).
Please note: It can often take some time to obtain a visa so Customers are advised to apply in plenty of time. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. EI urges Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found from the following sources:
- Website - https://www.gov.uk/foreign-travel-advice
- Telephone number - Foreign and Commonwealth Office Travel Advice Service on 020 7008 1500
- Email - TravelAdvicePublicEnquiries@fco.gov.uk
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.
USA Visa Waiver Program and ESTA: All Customers wishing to enter or transit through the USA under the Visa Waiver Program (VWP) must apply for authorisation to travel using the Electronic System for Travel Authorisation (ESTA). Please allow sufficient time at least 72 hours before departure when making an ESTA application. For further information please visit the US Department of Homeland Security's website at https://esta.cbp.dhs.gov https://esta.cbp.dhs.gov
A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when a Customer checks in or in some circumstances when the Customer makes his/her booking. Accordingly, the Customer is advised to allow extra time to check in for his/her flight.
3.1.4 Special fares. The flight routes offered may include special fares which offer the best price, but do not necessarily take the most direct route. Some itineraries require a change of aircraft en-route. A flight that is described as direct is one where there is no need to change aircraft during the journey, however, stops may be made en-route for re-fueling or to let passengers on and/or off. Details of any stops will be given during the booking process and are clearly identified both on the Website and on a Customer's email confirmation.
Many, but not all, airlines provide special fares for children under 2 years and for pensioners. These discounts depend on the airline, the flight concerned, the availability of seats and the passenger's age.
Air miles and vouchers from loyalty programs may not be used when booking flights through the Website.
If the Customer has benefited from a discount, the associated special fares will be shown during the booking process before he / she confirms the reservation.
3.1.5 Liability. The Customer is reminded that an airlines' liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by the airline's own Rules and Restrictions, including their conditions of carriage.
3.1.6 Electronic ticket. An electronic ticket is a ticket with no physical form. When using this type of ticket, the Customer must go to the check-in desk of the airline concerned and show a valid travel document (passport, visa, identity card, etc.) in order to obtain his / her boarding card. The Customer must strictly observe the times for checking in.
3.1.7 Replacement passengers. Replacement passengers for flights may not be put forward, although where the Customer may have the right to transfer a Package Holiday to another person, we will seek to do so (see Article 3.5.3.4), but note that, depending on the applicable Rules and Restrictions, this may amount to a flight cancellation and rebooking (with a 100% cancellation charge).
3.1.8 Operating airlines. Customers are advised that in some cases flights booked with one airline may be operated by another airline – details of the operating airline, where different, are indicated on the Website. The operating airline will charge the Customer for the flight and will appear as the merchant on the Customer's credit card or bank statement. Payment may also be charged by other Third Party Providers for the Services booked however the total amount charged will not exceed the total price of the Services.
3.1.9 Compensation for denied boarding and delays. If an airline cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Customer's stop-over or destination point, or causes a Customer to miss a connecting flight on which a Customer holds a reservation, the Customer may be entitled to certain remedies from the airline under Regulation (EC) 261/2004.
3.2 Accommodation services
Accommodation may be offered as part of a Package Holiday. All accommodation is made available by Travelscape under Articles 3.2, 3.5. and the applicable Rules and Restrictions relating to the accommodation which will be made available before booking. The applicable Rules and Restrictions may include restrictions on and/or charges for cancellation and/or changes imposed by the applicable Third Party Provider.
Any pre-paid “pay now” accommodation bookings booked as part of a Package Holiday will require that a Lead Customer's credit card is charged for the full payment upon reservation. Other accommodation bookings will require bank card or credit card details to secure the reservation and final payment will be settled directly with the property during the stay. Please refer to the details shown during the reservation process to confirm how and when payment will be made. Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.
If a Customer does not show for the first night of the reservation and plans to check-in for subsequent nights in the reservation, the Lead Customer must confirm the reservation changes with us no later than the original date of check-in to prevent cancellation of the whole reservation. If the Lead Customer does not confirm the reservation changes with us the whole reservation may be cancelled and refunds will only be due to the Customer in line with the applicable Rules and Restrictions as notified in the booking process.
Any Customer who does not cancel or change their reservation before the cancellation policy period applicable to the property (which can vary by property and is set out in the booking process) prior to the date of arrival will be subject to the charges shown in the Rules and Restrictions for the reservation. Customers should note that some properties do not permit changes to or cancellations of reservations after they are made and these restrictions are shown in the Rules and Restrictions for the property reservation.
You may not book more than 8 rooms online for the same property for the same stay dates. If we determine that you have booked more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit may be forfeited. If you wish to book 9 or more rooms, you must select 9+ from the “Rooms” drop down on the accommodation search box and contact the group sales department by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit.
3.2.1 Use of rooms. The Customer is reminded that, in general, rooms are only available from 14:00 and have to be vacated by 12:00, irrespective of the time of arrival or departure or the means of transport used.
Single rooms generally have one bed and a supplement is often payable for these rooms. Double rooms usually have either two single beds or one double bed.
3.2.2 Classification. The indication of the comfort level given to hotels in the descriptions on the Website corresponds to a classification based on local standards in that country, which can differ from standards in United Kingdom. This classification is provided only as an indication. Customers should be aware that standards can vary between hotels of the same class in different countries, and even in the same country. It is important to read carefully the individual hotel descriptions. Accommodation in all hotels, whatever the rating, is in standard rooms unless otherwise stated.
1 star: These have the lowest prices. The accommodation meets the minimum requirements for facilities and is in general clean and simple. Bathroom facilities are typically shared.
2 stars: Simple accommodation with a little more attention to style and ambiance, yet still for a low price. The facilities and the service are limited. A certain number of public rooms, a shop or, for example, a café could be included.
3 stars: For the traveller who wants a little more and appreciates service, quality, style and comfort. Also recommended for families. There typically is a restaurant serving breakfast at least and sometimes lunch and/or dinner too. Conference rooms and sometimes other facilities, such as a swimming pool or services for business travellers may be available.
4 stars: First-class accommodation for the more demanding guest. Attention has been paid to luxury, hospitality and service. A top-quality restaurant and a wealth of facilities can be expected at these reliable hotels. First-class accommodation for business travellers.
5 stars: Top-class accommodation that meets the highest requirements. These hotels offer impeccable personal service, tasteful and elegant facilities and all possible comfort. The best hotels in the world.
It is possible that, from time to time, for various reasons (for example a property is overbooked due to connectivity issues with the property or a property is closed due to a hurricane) a booking is cancelled or amended by the Third Party Provider of the accommodation or us. Should such events occur, we will make all reasonable efforts to notify the Customer of this as soon as possible and where possible will offer alternative accommodation in a property in at least the same star classification with similar services. If this offer is not taken by the Customer, we will ensure that all monies paid in respect of the booking are refunded. If appropriate, for example where a technical issue on the part of us has caused a booking to be cancelled or amended and such cancellation or amendment directly causes loss to the Customer, we will also pay reasonable compensation to the Customer. If your accommodation booking is a part of a Package Holiday, you may also have other rights (see Article 3.5).
3.2.3 Activities. It is possible that, from time to time particular activities offered by the Third Party Providers that are shown in the description of the accommodation on the Website are cancelled, for example as a result of weather conditions or other reasons beyond the Third Party Provider’s reasonable control, during out-of-season stays, or if the required number of participants for the activity is not achieved.
Where sightseeing is concerned, the sequence of the various tourist attractions is shown only as an indication. This can be changed by the Third Party Providers.
3.2.4 Meals. If meals are part of an accommodation package, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the accommodation package. Accommodation which includes main meals generally commences with dinner on the day of arrival at the property and terminates with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refunds will be made.
The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself / herself.
Parents are advised to bring special food for their baby with them, as this is not always available locally.
3.2.5 Taxes. The local authorities in certain countries may impose additional taxes (tourist tax, etc), which generally have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.
3.3 Car hire.
Car hire services are offered as part of a Package Holiday by Travelscape. These Services are subject to the Rules and Restrictions of the respective Third Party Provider and the provisions under this Article 3.3.
3.3.1 Method of payment. The Customer making the booking and the nominated driver must present a valid credit card in her/his name upon pick up when collecting the vehicle. Debit cards are not accepted, and the Customer must check which credit cards are accepted by the Third Party Provider.
The Third Party Provider may submit an authorisation request to the credit card company during the period of car hire by way of a deposit held by the Third Party Provider. The Customer and the nominated driver must therefore contact his / her credit card company to ensure the payment card limit is suitable for this purpose. Some larger car types require two credit cards.
If the Customer does not comply with the terms set out above, the Third Party Provider may not make the vehicle available and the full price of car hire will be charged.
3.3.2 Supplements. Additional charges may be payable locally such as refuelling, additional driver charges, young driver surcharge and delivery and collection fees. The Customer acknowledges that in no event shall EI and/or the Third Party Providers be liable for such additional charges as detailed or otherwise.
An excess amount may be applicable in the event of theft or damage to the hire car. This will vary depending on the Third Party Provider and country of rental. Purchase of an optional additional insurance coverage locally (called super CDW or super TP) will remove/reduce the excess applicable. The Customer acknowledges that in no event shall EI. and/or Travelscape or the Third Party Provider be liable for such excess or provision of additional insurance coverage as detailed or otherwise.
Petrol is not usually included in the hire tariff. For the hire of vehicles in certain countries, certain Third Party Providers automatically add charges for filling the fuel tank when the vehicle is returned. In addition, certain Third Party Providers charge a supplement if snow tyres are used. Please see the applicable Rules and Restrictions when booking.
Unless agreed otherwise, the Customer must return the vehicle to the branch of the Third Party Provider from which it was collected. If the Customer does not comply with this, the Third Party Provider may charge an additional surcharge.
Special equipment, such as child seats, can be requested, and will be payable directly to the Third Party Provider upon pick up (if available).
3.3.3 Collection / use of the vehicle. Drivers must usually be aged between 21 and 75 although this can vary between Third Party Providers and from country to country. It is the Customer's responsibility to check this with the Third Party Provider. Additional charges may also apply if any driver is aged below 25 or over 70.
All drivers must present a full valid driving licence in their name for the category of vehicle rented when taking delivery of the hire car. International rentals may have different driving licence requirements. An international driving licence is required if the drivers' licence is not in the Roman alphabet. Additional documentation such as a passport or up to two forms of proof of name and address may also be required. Customers should check the applicable Rules and Restrictions offering the car-hire for details of all applicable criteria for booking car-hire.
The Customer is reminded that some Third Party Provider do not permit the rented vehicle to be used outside the country in which it has been rented.
3.3.4 Cancellation of bookings / unused rental days. No refunds will be offered on bookings cancelled within 6 hours to pick up time or any unused rental days.
3.4 Destination Services
Destination Services may be offered as part of a Package Holiday through Travelscape or separately by the relevant Travel Service Provider. These Services are subject to these General Terms and Conditions and the Rules and Restrictions of the Third Party Provider offering the Destination Services. Destination Services are not usually transferable, nor eligible for refunds or changes unless cancelled by the Third Party Provider or unless booked as part of a Package Holiday and such rights arise under Article 3.5.
3.4.1. Refund and cancellation of Destination Services
It is possible that, occasionally, Destination Services offered by the Third Party Providers on the Website are cancelled for reasons such as weather conditions, reasons beyond the reasonable control of the Third Party Provider, out-of-season stays, or if the required number of participants for the activity is not achieved. In these circumstances, Customers should refer to the applicable Rules and Restrictions in relation to refunds.
3.5 Package Holidays
A Package Holiday is as defined in the Package Travel Regulations. In general terms, a Package Holiday exists when you make a single booking which includes a combination of at least two of the following travel services: (a) air transport; (b) accommodation; (c) car hire; and (d) certain destination services. Your booking confirmation and ATOL Certificate (if you have booked a flight-inclusive Package Holiday) will confirm what is included in your Package Holiday.
Package Holidays shown on the Website are made available by Travelscape (which shall be referred to as “Travelscape” or “We” in this Article). The Package Holidays provided by Travelscape are subject to the terms and conditions in this Article and the applicable Rules and Restrictions of the Third Party Providers of the travel services which make up the Package Holiday (eg. the airline or accommodation supplier). Customers must read the terms and conditions of this Article and the applicable Rules and Restrictions before booking. If there is any inconsistency between the terms of this Article and the applicable Rules and Restrictions, the applicable Rules and Restrictions shall prevail.
3.5.1 Reservations and bookings. All bookings for Package Holidays are subject to availability at the time of booking. Acceptance by Travelscape of reservations made by the Customer will depend on availability of the Package Holidays. Travelscape do not have to give reasons for refusing to accept a reservation.
We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any of the Package Holidays we advertise will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Package Holiday you have sought to book is not available.
A contract will only come into existence between you and Travelscape when you have paid the price payable on booking and we have issued a booking confirmation to you. Acceptance by Travelscape is formalised by sending a confirmation of reservation by e-mail to the Lead Customer within 24 hours of a booking being placed by the Lead Customer. No amount will be charged to the Customer until the time of confirmation of the availability of the Service.
3.5.2 Prices. We advertise a large number of Package Holidays and we try hard to ensure that the advertised price is always accurate. Despite our best efforts, some of the Services listed on the Website may be incorrectly priced. WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE.
We will normally verify prices at the time of booking. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.
Travelscape are under no obligation to supply you with a Package Holiday which is incorrectly priced, even after we have issued the booking confirmation, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.
Travelscape may in some cases levy a booking fee in relation to some flight transactions made on the Customer's behalf. The Customer will be notified of all applicable charges at the time of booking.
Travelscape may change the price of your Package Holiday after we have issued the booking confirmation in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources; (ii) the level of taxes or fees on the travel services included in your booking imposed by third parties (other than the Travelscape/ Third Party Providers), including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to the Package Holiday. The Suppliers shall only be able to change the price in this way if it notifies you of any price increase at least 20 days before the start of your Package Holiday, together with a calculation and an explanation for this change.
If the price of your Package Holiday is increased by more than 8% of its total price, then you may:
(a) accept and pay for the price increase;
(b) reject the price increase and terminate your Package Holiday with a full refund; or
(c) reject the price increase, terminate your Package Holiday and take an alternative one if we decide to offer this. If you decide to take an alternative Package Holiday, we will inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.5.9 below.
We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the price increase. If you do not confirm within this timeframe, then we shall send a reminder to you, following which we shall be entitled to terminate the Package Holiday and provide you with a refund.
If you decide to reject the price increase and terminate your Package Holiday with a full refund, you may also be entitled to compensation in accordance with Article 3.5.9 below.
You will be entitled to a price reduction corresponding to any decrease in the costs described above which occur after you have booked but before the start of your Package Holiday, although Travelscape will be entitled to deduct its administrative expenses of this process.
The trip descriptions on the Website specify the Services included in the price for each trip. Prices are shown in GBP.
The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the confirmation of reservation.
If EI and/or the Third Party Provider becomes aware of or is notified of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, without prejudice to any action that might be taken against him / her.
3.5.3 Cancellation and changes by the Customer
3.5.3.1 Cancellation. Requests by the Customer for cancelling or changing a trip must be submitted by telephone by calling 0203-027-9566 (Calls to this number cost the same as calls to local rate numbers) or online by accessing Itineraries section of the Website. Such requests will be dealt with on behalf of Travelscape and the Third Party Providers concerned.
In the event of cancellation of the Package Holiday booking by the Customer, EI and the Third Party Provider can require compensation to cover the costs of the travel arrangements already made. In addition to this, a standard cancellation charge may be made by the Third Party Providers of each element of the Package Holiday in respect of each cancellation. Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking.
In addition to the cancellation right set out above, you shall have the right to cancel your booking before the start of the Package Holiday without paying any cancellation charge in the event of Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity, if we have confirmed to you that the event will significantly affect the performance of the Package Holiday, or will significantly affect the carriage of passengers to the destination. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to your booking but you will not be entitled to compensation or any of the rights set out in Article 3.5.9 below.
If the Customer does not present himself / herself at the departure of the trip and/or fails to use some or all of the Services booked, refunds will only be awarded to the Customer in line with the applicable Rules and Restrictions as notified in the booking process. The applicable Rules and Restrictions of air transport services are made available prior to making a booking and can be re-viewed here. Specific accommodation Rules and Restrictions are provided prior to making a booking.
3.5.3.2 Effects of cancellation. Please note that Package Holidays are subject to the applicable Rules and Restrictions and separate cancellation charges imposed by the Third Party Provider may apply.
3.5.3.3 Change of booking by the Customer. If after making the booking a Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Lead Customer should call 0203-027-9566.
Neither Travelscape, nor any Third Party Provider have a legal obligation to make such changes but they may, at their sole discretion, try to accommodate your request. Please understand that it is often not possible to do so as changes may depend on availability and the applicable Rules and Restrictions. Also, a fee may be imposed by the applicable Third Party Provider in the event of a change to a booking – please refer to the applicable Rules and Restrictions notified in the booking process for more details.
If we agree to make a change, you agree to pay any costs which are imposed by the Third Party Provider for making the change. This could be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Package Holiday (e.g. a flight) may incur a 100% cancellation charge.
3.5.3.4 Replacement of participant. You may transfer your Package Holiday to another person who satisfies all the conditions applicable to the Package Holiday, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. You will need to give us reasonable notice of this change so that we can make the necessary arrangements, but 7 days or more before departure shall be considered to be reasonable. Travelscape will seek to help with the name transfer, but note that where the Package Holiday includes a flight, depending on the airline’s Rules and Restrictions, this may amount to a flight cancellation and rebooking (with a 100% cancellation charge).
3.5.4 Cancellation and changes by Travelscape before travel
3.5.4.1 Changes by Travelscape before travel. As the arrangements which make up your Package Holiday are planned many months in advance, from time to time Travelscape may need to make a change to your Package Holiday. Travelscape reserves the right to do so at any time. Most changes are minor changes, however, occasionally Travelscape will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Package Holiday, or where it cannot fulfil any of your special requirements which it has accepted.
In the unlikely event that Travelscape has to make a significant change to your Package Holiday, we will tell you as soon as reasonably possible. You will then have the option to:
(a) accept the proposed change. If this results in a Package Holiday of lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.5.9 below;
(b) reject the proposed change and terminate your Package Holiday with a full refund; or
(c) reject the proposed change, terminate your Package Holiday and take an alternative one if we decide to offer this. If you decide to take an alternative Package Holiday, we will inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.5.9 below.
Travelscape will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the change. If you do not confirm within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package Holiday and provide you with a refund.
If you decide to reject the proposed change and terminate your Package Holiday with a full refund, you may also be entitled to compensation in accordance with Article 3.5.9. This will usually be as outlined in the table below, unless the change is as a result of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.
Please note: In the event of more than one significant change to the Customer's Package Holiday Travelscape will only pay compensation in respect of a single change per full fare paying adult.
Travelscape will pay compensation dependent on the time before their departure that Travelscape notifies the Customer about the change.
Compensation Table | |
|---|---|
Time before departure date (days) | Compensation (£) |
60+ | 0 |
60-42 | 10 |
41-28 | 20 |
27-15 | 30 |
14-0 | 50 |
We may not give you any of the above options in the event that a change to the purchased Package Holiday is a minor change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.
3.5.4.2 Cancellations by Travelscape before travel. On rare occasions, Travelscape may have to cancel your Package Holiday and it reserves the right to do so. If it has to do so, it will notify you as soon as possible. Travelscape may (at its discretion) also offer you an alternative Package Holiday if it is able to do so, and inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction in accordance with Article 3.5.9 below. If Travelscape cannot offer you an alternative, or even if you just prefer, it will provide you with a full refund of any payments made for the Package Holiday.
You may be entitled to compensation as a result of our cancellation of your Package Holiday in accordance with Article 3.5.9 below, except where Travelscape is prevented from providing the Package Holiday because of Unavoidable and Extraordinary Circumstances in which case no compensation will be payable.
3.5.5 Travelscape's responsibility for the performance of the Package Holiday
Travelscape does not itself own or provide any of the Services, facilities or travel arrangements which make up your Package Holiday. These are provided by Third Party Providers which Travelscape arranges to provide the facilities or travel arrangements which make up your Package Holiday. Travelscape has a legal duty to exercise reasonable skill and care in making the arrangements for the Third Party Providers to provide the facilities and travel arrangements to you.
You must tell us immediately of any failure to perform or improper performance of your Package Holiday (“Failure”). This will give Travelscape the opportunity to resolve the Failure whilst you are on your holiday. 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 Article 3.5.9.
If a significant proportion of the Services included in your Package Holiday cannot be provided as agreed in the booking, Travelscape shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Package Holiday. If the alternative arrangements available are of lower quality you will be entitled to a price reduction as described in Article 3.5.9 below. You may only reject the alternative arrangements offered to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if Travelscape is not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Article 3.5.9.
If a Failure substantially affects the performance of the Package Holiday, and Travelscape has failed to remedy it within a reasonable period of time, you may decide to continue with your Package Holiday or terminate your booking without paying a termination fee. If you decide to terminate, then if your Package Holiday included transport to the destination, Travelscape shall also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Article 3.5.9.
If Travelscape is unable to ensure your return to your place of departure as agreed in your Package Holiday because of Unavoidable and Extraordinary Circumstances, it shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package Holiday.
If a longer period of accommodation than that referred to above is provided for in Union passenger rights legislation (as described in the Package Travel Regulations) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.
3.5.6 Third Party Provider Rules and Restrictions. In making a Package Holiday available, Travelscape works with Third Party Providers of travel products such as airlines and accommodation but does not control these Third Party Providers. The Services are subject to the applicable Rules and Restrictions of the Third Party Providers. The applicable Rules and Restrictions of air transport services and accommodation services are made available prior to making a booking.
3.5.7 Unforeseen and Extraordinary Circumstances. In these General Terms and Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it 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 may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a 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 destination as agreed in the package travel contract. Expedia shall rely on the advice of the Foreign and Commonwealth Office as to whether a situation would or would not fall within the category of Unavoidable and Extraordinary Circumstances.
3.5.8 Assistance in resort
3.5.8.1 Assistance when Customer is in difficulty. Travelscape shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, Travelscape does not charge for this assistance, although it does reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.
3.5.8.2 Resolving disputes at the resort. If there is a problem with your Package Holiday during your trip, please immediately inform both us (via the details set out in your booking confirmation or immediately below) and the relevant Third Party Provider (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the Third Party Provider so we can both help to put things right without delay.
If your booking confirmation does not refer to a local representative, please contact Travelscape directly to report any problems. Quote in any case the trip number, the destination and the dates of travel.
Customer Service tel: 0203-027-9566 and email: questions@poweredbygps.com (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email).
Lines open: 24 hours daily
Travelscape, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.
3.5.8.3 Resolving disputes after your holiday. However, if your complaint is not resolved locally, please follow this up within 30 days of your return home by emailing us at the details set out above, giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the Third Party Provider of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
3.5.9 Travelscape's obligation to provide a price reduction and/or compensation for damages.
You will be entitled to an appropriate price reduction from Travelscape for any period during which there is a Failure, unless the Failure is attributable to you.
You shall be entitled to receive appropriate compensation from Travelscape for any damage you sustain as a result of a Failure except where the Failure is:
(a) attributable to you;
(b) attributable to a third party unconnected with the provision of the Services included in the Package Holiday and is unforeseeable or unavoidable; or
(c) due to Unavoidable and Extraordinary Circumstances.
Travelscape shall not be liable to pay compensation to you in connection with your Package Holiday where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of its Third Party Providers. These same limitations will apply to Travelscape and in an identical manner as if such limitations applied directly to Travelscape. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. Travelscape shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package Holiday. Please ask us for copies of these international conventions if you would like to see them.
Travelscape's liability will also be limited in accordance with the applicable Rules and Restrictions of relating to the transportation element of your Package Holiday and in an identical manner as if such limitations applied directly to Travelscape.
Travelscape's liability to you in connection with your Package Holiday shall be limited to a maximum of three times the cost of your Package Holiday, except in cases involving death, injury or illness where we or the Third Party Providers have caused such damage intentionally or with negligence.
If you are granted compensation or a price reduction by another party in relation to the same Failure for which you claim compensation or a price reduction from Travelscape, then it may deduct the compensation or price reduction you receive from the other party from that which is payable by Travelscape.
Except as set out above, Travelscape accepts no liability for any claims, losses, expenses, damages or liability for your Package Holiday, except in cases involving death, injury or illness where Travelscape has caused such damage with negligence.
3.5.10 Lapsing of liability and limitation complaints period. Claims based on implementation of the trip not being in accordance with the contract should be submitted within 30 days of the contractually-scheduled end of the trip. In that case, contact questions@poweredbygps.com or call our service number 0203-027-9566 (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email). Claims should be made in writing, in Customer's own interest. The limitation period begins on the day on which the trip should end, based on the contract.
3.5.11 Accessibility and reduced mobility. Not all Package Holidays are suitable for customers with reduced mobility. We recommend you call our call centre agents to discuss whether a travel product would be suitable for your particular needs so we can provide support before you complete your Package Holiday booking.
Article 4. General
4.1 Travel destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. EI advises Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Travel Advice Unit and displayed on their website. Please see Article 3.1.3 for more information.
By offering travel to particular international destinations, EI does not represent or warrant that travel to such destinations is advisable or without risk and is not liable for damages or losses that may occur from travel to such destinations.
4.2 Prices
The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated in Article 3.5.2 above. We may in some cases levy a booking fee in relation to some transactions made on the Customer's behalf. The Customer will be notified of all applicable charges at the time of booking. Despite our best efforts, some of the Services listed on the Website may be incorrectly priced. EI EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. EI is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.
4.3 How our sort order is determined
Customers have many options to help them find the perfect accommodation, flight, car rental or activity. The “sort” settings allow travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow Customers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below:
- Accommodation: Our default sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. In addition, the compensation we earn when you book a property (and such booking is completed and not subsequently cancelled within any cancellation window) is one of the factors taken into consideration when determining the relative order of properties with similar offers in our search results listings. The compensation we earn recognises the part we play in listing the property on our site, facilitating the booking and facilitating your stay at the property. Where we are displaying properties with a similar offer, then a booking from which we earn more compensation will feature higher in our search results listing compared to other properties with similar offers where we are paid less compensation on the booking. On our non-default sorts (e.g., by price or by star rating), properties with similar results will be ordered based on the factors above.
- Air transport: Our default sort order is based on lowest price. In cases where two flights have the same price, the shorter flight is listed first.
- Car hire: Our default sort order is primarily driven by price, but we may consider other relevant factors such as popularity, customer reviews, convenience of pickup location, and car type or category.
- Destination Services and activities: Our default sort order is manually curated by Expedia’s destination managers familiar with each market, taking into account such factors as price, popularity, distance from property options, and Customer feedback.
- Package Holidays: When combining several different travel products into a Package Holiday, we use the criteria outlined above to determine the sort order for each product.
Additionally, we continually optimize our Website service to provide the best experience to Customers. Accordingly, we may test different default sort order algorithms from time to time.
4.4 Photographs and illustrations
EI does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.
4.5 Insurance
The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and that also provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer's responsibility to ensure any insurance policy taken out is adequate to cover their requirements.
The risks covered by these policies, as well as the cost and the amount of cover, are shown on the Website only for the purpose of illustration. In the event that a policy is bought, the insurer will send the policy to the Customer. Claims must be submitted directly to the insurance company in accordance with the terms and conditions of the policy.
For the sale of travel insurance EI is an Appointed Representative of AWP Assistance (UK) Limited trading as Allianz Global Assistance which is authorised and regulated by the Financial Conduct Authority (FCA). AWP Assistance (UK) Limited's FCA registration number is 311909. FCA authorisation can be checked on the Financial Services register at www.fsa.gov.uk/register/.
The insurance contract is subject to terms and conditions, which are accessible during the booking process. Customers can contact AWP Assistance at 0871 200 0194 or email at internet.queries@allianz.com
Non-UK residents may not be eligible to take out insurance cover offered on the Website. Please check AWP’s terms and conditions for details of eligibility.
4.6 Your Financial Protection
We provide full financial protection under the UK ATOL scheme for our flight-inclusive Package Holidays by way of our Air Travel Organiser's Licence number 5788 issued by the Civil Aviation Authority.
When you buy an ATOL protected flight-inclusive Package Holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the Third Party Providers 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 Third Party Providers 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 your credit card issuer where applicable).
If we, or the Third Party Providers 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 reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you buy a Package Holiday that does not include a flight or a Linked Travel Arrangement on the Website, all monies paid over in the case of non flight-inclusive Package Holidays, or any monies paid directly to EI in the case of Linked Travel Arrangements, are fully protected by insurance in the event of EI’s insolvency. This insurance protection has been arranged by International Passenger Protection Limited (IPP) and underwritten by certain underwriters at Lloyd’s, One Lime Street, London, EC3M 7HA, United Kingdom. You will acquire the benefit of this insurance policy in the event that we become insolvent.
Article 5. Financial conditions and payment procedures
5.1 Local taxes and payments
Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in GBP, excluding local taxes imposed by the authorities in some countries.
The reservation of any pre-paid "pay now" accommodation bookings, Expedia Special Fare products and Package Holidays for destinations within the European Union is covered by the regulations for travel agents and tour operators, as set down in Articles 306-310 of the EU Principal VAT Directive [2006/112/EC]. Travelscape is located in the United States of America, as a result of which no VAT will be charged on services provided by Travelscape.
5.2 Tax recovery charge
Except as provided below with respect to tax obligations on the amounts we retain for our services, neither EI nor Travelscape collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid "pay now" hotel transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Travelscape pays to the hotel for taxes due on the rental of the room for those transactions where Travelscape makes the Service directly available to the Customer. The hotel invoices Travelscape for tax amounts. The hotels are responsible for remitting applicable taxes to the applicable taxing jurisdictions. EI does not act as co-vendor with the hotel with whom our customers book or reserve their travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Travelscape to the hotels may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our Customers. In addition to the above, in certain jurisdictions, sales, use and/or local hotel occupancy taxes may be imposed on the amounts that Travelscape charges for its services. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel stay.
For prepaid "pay now" bookings, Travelscape’s New York State and New York City tax registration certificates and numbers are provided below.
New York State Tax Registration:
New York sales taxes and New York City occupancy taxes, where applicable, are due on your hotel room stay. For pre-paid "pay now" hotel bookings, the Supplier's New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960. Please
Please click here for additional information:
5.3 Payments
The price of Services booked on the Website must be paid either to (i) EI or TPX, and/or (iii) directly to the Third Party Providers. Payment may be charged by more than one party (as will be shown on the Customer's bank or credit card statement) however the total amount charged will not exceed the total price of the Services.
The Customer shall provide the details of his/her payment card and the Third Party Provider or EI will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Third Party Provider) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer's credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a UK-issued card with a non-UK merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
5.4 Third party payment methods
Further to the standard payment options made available for any booking made via the Website, EI may list, amongst others, "payment by instalments" options or other credit or finance for a booking. Such options are generally offered by Third Party Providers on their terms and conditions, which are not set by EI (or any of EI’s affiliates). Any agreement you enter into with a payment option is between you and that Third Party Provider, and prices for travel services shown on the Website do not take account of any such separate agreement. The applicable Rules and Restrictions of the Third Party Provider of such payment options are made available prior to making a booking. Any query or complaint in relation to such third party payment options must be submitted directly to the relevant Third Party Provider.
Article 6. Customer service and the handling of complaints
A Customer can call 0203-027-9566 or email questions@poweredbygps.com (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email) for any Queries or requests for information or complaints during a trip. For post travel complaints call 0203-027-9566 or email questions@poweredbygps.com (when contacting EI by email Customer must insert “Marriott Holidays UK Packages” in the subject line of the email), which will receive complaints on behalf of the Third Party Providers. For ease of resolution Customers are encouraged to bring their complaints within 30 days of the end of a trip.
Customers are encouraged to raise any issues they experience during their trip via the number above (or as soon as reasonably practicable), or to the carrier if the dispute arose during the outward or return journey, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the Customer.
Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Customer's control during the stay should be addressed to the airline or relevant Third Party Provider.
The European Commission’s Online Dispute Resolution Platform is available at http://ec.europa.eu/odr
Article 7. Our liability
The Customer accepts that where EI acts as an interface between the Customer and the Travel Service Providers, EI will under no circumstances be held liable with respect to Services the Customer has booked with one or more Travel Service Providers. EI is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or holiday cancellation insurance.
The information displayed on this Website has been provided by the respective Third Party Providers, and we do not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.
Customers should note that all hotel ratings shown are intended as guidance only and may not be an official rating or be in line with UK classification. We do not accept any liability in relation to the ratings shown.
Article 8. Disclaimer
Except as expressly set out in these General Terms and Conditions, all the information contained on this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that we will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website. The exclusions and limitations contained in this Article apply only to the extent permitted by law.
Article 9. Applicable law
These General Terms and Conditions are governed by the laws of England and Wales. The Customer agrees that the English Courts shall have jurisdiction to hear and determine any dispute (including non-contractual disputes or claims) arising from the interpretation of these terms. However the Customer may choose the law and jurisdiction of Scotland or Northern Ireland if that is where the Customer resides.
Article 10. Final Provisions
If EI does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions come into force on 13 August 2019.
ANNEX1 – PACKAGES STANDARD INFORMATION FORM
Important information regarding your Package Holiday rights
In certain circumstances, a Package Holiday may be formed as a result of Services you decide to book, where Travelscape is the organizer of the Package Holiday. Where this possibility arises, you will be directed to read the important information below.
The combination of travel services offered to you is a Package Holiday within the meaning of Directive (EU) 2015/23/02.
Therefore, you will benefit from all EU rights applying to Package Holidays. Travelscape will be fully responsible for the proper performance of the Package Holiday as a whole.
Additionally, as required by law, Travelscape has protection in place to refund your payments and, where transport is included in the Package Holiday, to ensure your repatriation in the event that it becomes insolvent.
Key rights under Directive (EU) 2015/2302
- Travellers will receive all essential information about the Package Holiday before concluding the package travel contract.
- There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
- Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
- Travellers may transfer the Package Holiday to another person, on reasonable notice and possibly subject to additional costs.
- The price of the Package Holiday may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the Package Holiday. If the price increase exceeds 8 % of the price of the Package Holiday, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
- Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the Package Holiday, other than the price, are changed significantly. If before the start of the Package Holiday the trader responsible for the Package Holiday cancels the package, travellers are entitled to a refund and compensation where appropriate.
- Travellers may terminate the contract without paying any termination fee before the start of the Package Holiday in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the Package Holiday.
- Additionally, travellers may at any time before the start of the Package Holiday terminate the contract in return for an appropriate and justifiable termination fee.
- If, after the start of the Package Holiday, significant elements of the Package Holiday cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the Package Holiday and the organiser fails to remedy the problem.
- Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
- The organiser has to provide assistance if the traveller is in difficulty.If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the Package Holiday and if transport is included in the Package Holiday, repatriation of the travellers is secured. Travelscape has taken out insolvency protection with the Civil Aviation Authority for flight-inclusive Package Holidays and with International Passenger Protection Limited for Package Holidays that do not include a flight. Travellers may contact the Civil Aviation Authority (45-59 Kingsway, London, WC2B 6TE, Tel. 0330 022 1500, Email: infoservices@caa.co.uk) or International Passenger Protection Limited (Claims Office, IPP House, 22-26 Station Road, West Wickham, Kent, BR4 0PR, Tel 0345 2661872, Email: Insolvency-claims@ipplondon.co.uk respectively if services are denied because of Travelscape's insolvency.
- Directive (EU) 2015/2302 as transposed into national law can be found here.