The following booking conditions form the basis of your contract with Capital Holidays (International) Sole Proprietorship L.L.C a company registered in Abu Dhabi with commercial license number 2243312 trading as Etihad Holidays, Abu Dhabi National Exhibition Centre, Khaleej Al Arabi Street, P.O. Box 5546, Abu Dhabi. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
In these booking conditions:
• “agent” means someone who sells or offers for sale travel arrangements to be provided by the principal.
• “departure” means the start date of the arrangements which have been contracted.
• “flight only” means a booking made with us for a flight only without additional travel services.
• “holiday”, “booking” or “arrangements” mean such holiday arrangements.
• “package” means a combination of at least two different types of travel service for the purpose of the same trip where those services are combined by one supplier, or purchased from a single point of contact, offered for an inclusive price, advertised or sold using the term “package”, combined by an organiser after the conclusion of a contract in which the organiser allows the traveller to choose among a section of different types of travel service, purchased from separate suppliers through linked online booking processes in which specific details are transferred between suppliers. There is no package where the travel services do not account for a significant proportion of the value of combined services and are not advertised as an essential feature of the combined services or where the travel services are purchased after the travel services have started.
• “Etihad Holidays”, “we”, “us” and “our” means with Capital Holidays (International) Sole Proprietorship L.L.C. trading as Etihad Holidays.
• “principal” means the other party to your contract, where we are the organiser of your package holiday, within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018, we will be the principal, likewise we will be in the principal for single component bookings such as hotel only bookings.
• “you” and “your” means all persons named on the booking (including the lead name and anyone who is added or substituted at a later.
Please note: We act in the following capacities: as a package organiser in the sale of a package holiday, as a principal in the sale of single-component bookings and as principal for the sale of flights under our own ATOL. Our obligations to you may vary depending upon which arrangements you book with us.
In these booking conditions:
• Section A of these booking conditions applies to all holiday arrangements which you book with us in the UK and which we agree to book, make, provide or perform as applicable.
• Section B of these booking conditions only applies to package holiday arrangements which you book with us in the UK and which we agree to provide or perform (as applicable) as part of our contract with you.
• Section C of these booking conditions applies to single component bookings (except flights) where we are the principal to those arrangements.
• Section D of these booking conditions applies to flight only booking where we use our own ATOL.
In the event of any conflict or difference between Sections A and B, the relevant provision(s) of Section B will apply.
In the event of any conflict or difference between Sections A and C, the relevant provision(s) of Section C will apply.
In the event of any conflict or difference between Sections A and D, the relevant provision(s) of Section D will apply.
You will know in what capacity we are acting because we will tell you prior to your booking being completed and your confirmation of reservation will confirm this.
Any reference to an EU regulation in these booking conditions should be taken to mean the UK legislation which replaces (or has replaced) that EU regulation and/or any EU regulation which continues to have effect in the UK as a result of being incorporated into UK law (in all cases referred to as 'retained EU law'). Changes to retained EU law are likely to be made over time. Reference to any EU regulation in these booking conditions is intended to refer to the relevant retained EU law at the applicable time.
Section A – ALL BOOKINGS
1. Making your booking
To make a booking, the first named person on the booking (“lead name”) must complete and submit a booking form, this can be done online via our website, by contacting our call centre or via your travel agent.
The lead name must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By submitting the booking form, the lead name confirms that he or she is so authorised.
It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking. See section A clause 8 on the subject of insurance.
Subject to the availability of your chosen arrangements and receipt of the applicable deposit, we will confirm your arrangements by issuing a confirmation. This confirmation will be sent to the lead name or your travel agent. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. Please note that you must print copies of any e-vouchers sent to you and take them with you on holiday to give to the relevant supplier such as a hotel or transfer provider.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to firstname.lastname@example.org. Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
In order to confirm your chosen arrangements, a deposit per person must be paid at the time of booking. We will notify you of the applicable deposit prior to booking. In some cases, if you book within a certain number of weeks of departure or depending on the type of booking you make. e.g. flight only, you may have to pay the full cost at the time of booking.
If you wish to purchase the insurance policy we offer, all applicable premiums must also be paid at the time you purchase this (you must be insured – please see section A clause 8 on the subject of insurance).
The balance of the cost of your arrangements must be received by us not less than 8 weeks prior to departure. This date will be shown on the confirmation. Reminders are not always sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the applicable cancellation charges depending on the date we reasonably treat your booking as cancelled.
Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for any holiday arrangements with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us. For flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday arrangements with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. Payments must only be made to your travel agent in sufficient time for them to be paid to us by balance due date and not earlier even if your travel agent asks you to do so.
3. Your contract
A binding contract between us comes into existence when we issue our confirmation to the lead name or your travel agent.
We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
You may also use the ABTA arbitration scheme, see section A clause 11.
4. The cost of your arrangements
Please note, changes and errors occasionally occur. You must check the price of your chosen arrangements and what is included at the time of booking.
We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your booking is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. The applicable price may be higher during peak travelling periods or where you book over the telephone.
Please note that for most hotel and rental car bookings additional local taxes and charges will be payable to the supplier on arrival. Where we know how much any such charges will be we will endeavour to notify you of them prior to confirming your booking.
5. Special requests and medical conditions / disabilities / reduced mobility / allergies / special dietary requirements
If you have any special request, you should advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. All special requests are subject to availability and we cannot guarantee that your special request will be met.
Some arrangements may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability, significant reduction in mobility or significant allergy which may affect your arrangements (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability, reduced mobility or significant allergy which may affect your holiday develops after your booking has been confirmed.
If you do not give us details at the time of booking about your needs and we cannot accommodate you, we will cancel your booking and cancellation charges will apply. We will advise our suppliers of any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst on holiday. Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this.
6. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such request. Where we can, an amendment fee of £50 per person will be payable together with any costs or charges incurred or imposed by any of our suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50, must be paid before the transfer can be effected.
Many of our suppliers, such as airlines, cruise companies, Disneyland® resorts, ski and safari operators, companies providing special event tickets, such as Formula 1, and some hotels do not allow changes after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. The rebooking will always be subject to availability and to the payment of the full cost of the new booking.
7. Cancellation by you
You may cancel your confirmed booking at any time before departure. Should you need to cancel your booking once it has been confirmed, the lead name must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices (which may be by e-mail providing this is sent to email@example.com. If you do cancel, the applicable cancellation charges will depend on the arrangements booked. Please note – insurance premiums and amendment charges are not refundable in the event of cancellation. For Section B, C and D bookings see clauses 22, 28 and 32.
It is a condition of our acceptance of your booking that you obtain appropriate travel insurance. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.) Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.
Please read your policy details carefully and take them with you on holiday.
9. Unavoidable and Extraordinary Circumstances
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances also include the covid-19 pandemic and its impact on travel. When we refer to the covid-19 pandemic in these booking conditions, we mean the pandemic resulting from the illness or disease caused by the novel coronavirus which is now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutations or variants of the same and/or any other coronavirus (and its mutations and variants) which is treated as part of the same pandemic and/or another pandemic however described.
10. Complaints and claims procedure
In the unlikely event you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately inform our representative (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. If the situation is not resolved to your satisfaction within a reasonable time, you must contact us in the UK as soon as possible. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly.
In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 28 days of your return from the holiday.
If you fail to follow the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
Disputes arising out of, or in connection with, any holiday booking made with us which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA and administered independently. This is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit for claims is £5,000 per person and £25,000 per booking. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to mediation. Further information on the code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
12. Conduct, behaviour and damage
The final decision on the itinerary and conduct of any holiday arrangements will be taken by us in the interests of our clients. At all times our decision will be final on all matters likely to affect the safety and wellbeing of the arrangements being operated.
When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
13. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions or EU regulations. Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.
Airlines in particular have conditions of carriage and depending on the airline there will be special rules about check-in and luggage allowances including the number of carry-on pieces of luggage.
Rental car companies often have rules about the minimum age of drivers, this is usually 21. Drivers under the age of 25 are often charged at a higher premium. You must ensure that you hold the appropriate driving documentation including a full licence and you are likely to be required to give a credit card number to the company in order to protect against damage to the vehicle. Additional charges, such as, but not limited to, local taxes, optional additional insurance, collision damage waiver and airport charges are usually payable to the rental company directly.
14. Excursions, activities and general area information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and any acceptance of liability contained in these booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
15. Passports, visas and health requirements
It is your responsibility to meet all applicable entry and other requirements of your destination country (ies) as well as those applicable on your return home. You must ensure that all your travel documents (physical and electronic), including your passport, visas / visa waivers, evidence of covid-19 vaccination and/or negative test, evidence of any other health related requirement and currency are in order, meet all applicable requirements and are valid for travel. All costs incurred in meeting all requirements applicable to your holiday arrangements must be paid by you. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport or entry into your destination country. We cannot accept any liability and cancellation charges will apply if you are refused entry onto any transport or into any country, or decide not to travel, due to failure (or inability) on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements.
The passport and visa requirements applicable to the holidays we offer are shown on the FCDO website. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking, and in good time before, and close to departure. Requirements may change and travel restrictions may be imposed (which could be at no or very short notice prior to departure). You must also keep up to date with this information while you are away.
A British passport would usually take approximately 3 to 6 weeks to obtain but may take longer. If any member of your party (who is a British citizen) is 16 or over and hasn't got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country (ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity. Details of any compulsory health requirements applicable to your holiday appear on the weblink below for the National Travel Health Network and Centre. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related in good time before departure. You must also keep up to date with the latest information. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information.
Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of the required number of covid-19 vaccinations (which may include any recommended booster(s)) and/or a negative covid-19 test result prior to being allowed to board your flight or other transport or enter the country. It is your responsibility to ensure that your covid-19 vaccination status and documentation meets the applicable local requirements of your destination country(ies) including, without limitation, in respect of the number of vaccination doses you have received, the time interval between and since the last of these and the means by which this is to be proved. Vaccination requirements vary in different parts of the world including in respect of children. Where required, covid-19 tests must be taken within a short time (which may be within 24 hours) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes. If you are unable to travel due to a positive covid-19 test pre-departure, we will endeavour to assist in postponing or re-arranging your trip but the usual cancellation or amendment charges will be applicable.
In the event that you have not received any compulsory vaccination, you may be unable to enter your destination country(ies) or to access certain services and may encounter other difficulties. You will not be entitled to cancel (without payment of cancellation charges) or receive any refund and we will not have any responsibility for any costs or expenses you suffer as a result in any such situation.
In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival. There may also be other entry requirements such as completion of an on-line form pre-departure, proof of travel insurance including covid-19 cover and downloading a local contact tracing app. Your previous travel history outside your home country may also impact on your ability to gain entry to your destination country.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
16. Foreign Office Advice
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information which is relevant to your holiday on its website and here, which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date UK border control measures are available here.
In accordance with EU regulation (EC) No 2111/2005 as incorporated into UK law and amended, we are required to bring to your attention the existence of a UK Air Safety List which contains details of air carriers who are subject to an operating ban in the UK. The UK Air Safety List (which is updated from time to time) can be found on the UK CAA’s website.
We will advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we will advise you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to a UK operating ban and we/ the carrier are unable to offer you a suitable alternative, if you have booked a package holiday the provisions of Section B clause 23 will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must check your documents very carefully immediately on receipt to ensure you have the correct flight times and other up to date travel information. It is possible that flight times may be changed even after documents have been despatched. We will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
18. Delay and Denied Boarding Regulations
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc. We cannot accept liability for any delay which is due to any of the acts and/or omissions of the persons affected, or due to the acts and/or omissions of a third party not connected with the provision of your booking and which were unforeseeable or unavoidable or which are due to unavoidable and extraordinary circumstances (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances (including the airport of departure and/or return of the flight and whether you are flying with a UK or EU airline), the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under Regulation EC 261/2004 (as amended by The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment)(EU Exit) Regulations 2019 (‘UK Denied Boarding Regulations’). You must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation and/or any other payment due to you where applicable. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the UK Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the UK Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the UK Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with its obligations under the UK Denied Boarding Regulations, where applicable, you may use the CAA Passenger Advice and Complaints Service. See here for further details.
19. Website / advertising material accuracy
The information contained on our website and in our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. Whilst every effort is made to ensure the accuracy of the website, quotations and prices at the time of publication/printing or when they are given to you, regrettably errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday arrangements (including the price) with us or your travel agent at the time of booking.
20. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Section B – OUR PACAKGE HOLIDAYS
If you have booked a package holiday and we are the principal we will tell you this at the point of booking, we will provide you with our ATOL number and your booking confirmation will make this clear.
The Package Travel and Linked Travel Arrangements Regulations 2018 will apply to your contract where you book a package holiday with us. For more information on your rights under these regulations please see the link.
The terms set out in both Section A and Section B apply to all package bookings where we are the principal except where otherwise expressly stated.
21. The cost of your package booking
In addition to section A clause 4, the following provisions will apply.
Once the price of your chosen package has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the package.
You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your tour.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your package holiday arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 8% of the total package holiday cost, section B clause 23 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.
Arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
22. Package holiday changes and cancellation by you
Should you wish to make any changes to your confirmed package holiday you may do so as referred to in Section A clause 6.
Should you wish to cancel your confirmed package holiday you may do so as referred to in Section A clause 7.
We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings, including the refund of airline passenger duty, and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
Package Holiday Cancellation Terms:
Period before departure within which written Cancellation charge
notification of cancellation is received by us
56 days or more Loss of deposit
55 – 43 days 50% of the total holiday cost
42 – 29 days 70% of the total holiday cost
28 – 15 days 90% of the total holiday cost
14 days or less 100% of the total holiday cost
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
We will not make any refunds in respect of any unused element of your package holiday, including but not restricted to, accommodation, flights or transfers.
23. Changes and cancellation to your package holiday by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 23. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in Section A clause 5. Where we have to do so, clauses 23(4) and 23(5) will apply.
(2) All alterations which are not significant in accordance with clause 23(1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London (Gatwick, Heathrow, Luton, Stansted or London City) or regional airports, type of aircraft (if advised), destination airport, itinerary or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes. In booking one of our package holidays, you are taken to have agreed that the itinerary is not contractually binding and that while we will endeavour to provide this, changes may be made.
(3) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 20 days before departure.
(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(5) If you choose to cancel your booking in accordance with clause 23(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we or the travel agent through whom you made your booking send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see section A clause 9).
(6) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see section A clause 9) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 23(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us for your booking within 14 days of the effective date of cancellation (see clause 23(5)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result, including without limitation any payments in relation to travel insurance premiums. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case section B clause 22 will apply.
(7) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 23(6) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.
(8) In the event that unavoidable and extraordinary circumstances (see section A clause 9) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us for your booking (except for any previously incurred cancellation or amendment charges and travel insurance premiums). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 23(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation. Please note, certain situations arising from or in connection with the covid-19 pandemic may constitute unavoidable and extraordinary circumstances. However, this does not mean they will entitle you to cancel and receive a full refund as set out in this clause or in regulation 12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018.
24. Our liability for your package booking
(1) We promise to make sure that the package holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as defined in section A clause 9 above.
(3) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. Please also see section A clause 14 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 24(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care. (5) Except as set out in clause 24(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 24(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 24(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the applicable international convention(s) or EU regulation(s). Such conventions and regulations include the Warsaw Convention as amended or unamended, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and for airlines with an operating licence granted by an EU country, the Regulation (EC) No 889/2002 on air carrier liability in the event of accidents, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol), and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self employed earnings).
25. Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
26. Financial security, ATOL and ABTA Membership
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 11125). All flights and flight inclusive holidays we offer are financially protected by the ATOL scheme. When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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 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.
The Civil Aviation Authority can be contacted at Aviation House, Beehive Ringroad, Crawley, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350, www.caa.co.uk
We are a member of ABTA (ABTA number Y6333). If your holiday does not include flights, ABTA will financially protect it by ensuring you receive a refund of the monies you have paid to us or, where you are already on holiday and your arrangements include return travel to the UK (other than flights), you are returned to the UK, in the event that your holiday cannot be provided as a result of our insolvency. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is available here and ABTA’s Privacy Notice is available here.
You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will applicable) for a refund of the monies you have paid.
For further information about ABTA, financial protection, the code of conduct and the arbitration scheme (see section A clause 11), contact ABTA at 30 Park Street, London, SE1 9EQ tel 020 7637 2444 or see www.abta.com
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018.
Section C – PRINCIPAL BOOKINGS
If you have booked a single component, for example, accommodation only, and your contract is with Etihad Holidays we will be the principal to the booking. You will know that your contract is with us, we will tell you this when you book and it will be specified on your booking confirmation.
Section A and Section C apply to all principal bookings except where otherwise expressly stated.
Please note, the single component holiday arrangements we offer and make for you do not constitute a “package” and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them.
27. The cost of your booking
Section A clause 4 applies to single component bookings where Etihad Holidays is the principal. We also reserve the right to pass on any additional charges from our suppliers relating to your booking.
28. Changes and cancellation by you
Most single component bookings are non-refundable in the event of cancellation. Any specific conditions that apply to your booking will be notified to you at the time of booking.
29. Changes and cancellations to your booking by us
We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
In the event that your arrangements cannot proceed because your single component booking is not available for any reason and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport.
Please note, a refund will only be provided where we are unable to provide your contracted arrangements in the circumstances referred to above. Without limitation, you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason.
Very rarely, we may be forced by unavoidable and extraordinary circumstances to change or terminate your arrangements after they have commenced but before their scheduled end. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
30. Our liability for your single component booking
(1) We do not own, operate or control most of the services included in the single component booking arrangements which we arrange for you. These services are usually contracted by us with independent suppliers who are themselves responsible for the performance of their own services. We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. For all services which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers, we will be responsible for booking the service, paying for it and passing on any essential information. Providing we have done this we are not responsible for their acts and omissions or for the actual performance of those services.
(2) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
- 'unavoidable and extraordinary circumstances’ as defined in section A clause 9 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your holiday. Regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.
Section D – FLIGHT ONLY BOOKINGS
If you have booked a flight only and we have provided you with our ATOL Etihad Holidays will be the principal to the booking. You will know that your contract is with us, we will tell you this when you book and it will be specified on your booking confirmation.
Flights are provided by various airlines/service providers. These airlines/service providers have their own conditions and you will be bound by these. Copies of these conditions are available on request by contacting us or the airline.
The airline’s conditions also apply to and form part of your contract with us. In the event of any conflict or difference between the airline's conditions and our conditions, the airline’s conditions will apply in respect of the conflict or difference. This means we are entitled to rely on any provision(s) in the airline's conditions as if they were written down as part of these conditions. Airline liabilities to their passengers are limited in accordance with international convention. See Section D clause 34.
To qualify for a maximum discount, special offers from airlines and with limited seats available in the cheapest class in any cabin, regardless dates of travel, for almost all flight only bookings full payment is required at the time of booking. You will be advised if this is not the case.
When you make your booking, we will tell you of all the taxes and optional fee and charges (if any), which will apply to your fare at the time of booking. Taxes change constantly and may be imposed or changed after the date on which we have issued a booking confirmation to you. You will have to pay us any increases in such taxes, and similarly, if any taxes you have paid to us are reduced or abolished, you will be entitled to claim a refund. Such right shall not apply in respect of any surcharge paid in respect of aviation fuel costs. Certain departure taxes or airport levies, may not be shown on your booking confirmation, and may be levied at certain international airports. You should ensure you have adequate funds for these taxes which are payable locally.
32. Changes and cancellation by you
For most flight only bookings cancellation and changes are subject to 100% cancellation charges. The airline’s policies in this regard will apply.
If you wish you cancel or change your flight you must pay any charges applied by the airline.
In the event that you cancel or do not use a return flight, the airline will not ordinarily give any refund.
Neither we nor the airline is responsible for any additional costs incurred should you decide to return earlier or later than planned.
33. Changes and cancellation by the airline
From time to time airlines change flight details of or cancel flights. We will communicate any significant change or cancellation to the contact details supplied to us as soon as reasonably possible after we are notified of them. If a change is significant and you do not wish to accept it or if the flight has been cancelled, you will ordinarily be entitled to cancel with a full refund. Please check the airline’s conditions of carriage for full details of their policy in this regard.
If flight times change, the airline will ordinarily send a revised confirmation itinerary to us which we will pass on to you as soon as we receive it. It is your responsibility to reconfirm all flight details at least 48 hours prior to departure.
Etihad Holidays is not responsible or liable for the operation of your flight. Our only obligation is to make the flight booking with reasonable skill and care and to provide financial protection as outlined in clause 34 of this section D.
All UK and European Community air carriers (“Air Carriers”) are required by European Community legislation (which is incorporated into UK legislation) to provide the following notice in its prescribed form to their passengers. This notice is intended to summarise the principle liability provisions of the Montreal Convention 1999 and EC Regulation No. 889/2002 on air carrier liability in the event of accidents. However, it is not entirely accurate or complete. EC Regulation No 889/2002 specifically provides that this notice or summary cannot be used as a basis for a claim for compensation nor to interpret the provisions of Regulation 889/2002 or the Montreal Convention. An Air Carrier is an air carrier with a valid operating licence granted by the UK or an EU member state in accordance with the provisions of EC Regulation 2407/92 (as incorporated into UK legislation).
Air Carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Air Carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £82,000) the Air Carrier cannot contest claims for compensation. Above that amount, the Air Carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
If a passenger is killed or injured, the Air Carrier must make an advance payment to cover immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000).
In case of passenger delays, the Air Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately £3,500).
In case of baggage delay, the Air Carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £850).
Destruction, loss or damage to baggage
The Air Carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £850). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the Air Carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the Air Carrier actually performing the flight is not the same as the contracting Air Carrier, the passenger has the right to address a complaint or make a claim for damages against either. If the name or code of an Air Carrier is indicated on the ticket, that Air Carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of Member States".
35. Your conduct
Most airlines will reserve the right to refuse carriage of you and/or your baggage at any stage of the journey if they, or another person in authority, believe your behaviour, howsoever caused, is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or their crew, staff, or agents in any risk of danger.
If the Captain of your flight or any crew, staff or agents believes that you are disruptive, they may report the matter to any relevant police or other enforcement authority and take such measures as we consider necessary to prevent the continuation or repetition of such conduct including, but not limited to, physical restraint and/or removal of you from the aircraft and/or refusal to carry you on our flights in the future.
If you are disruptive and prevented from boarding your outbound flight in the UK, your booking will ordinarily be treated as cancelled by you from that moment, and you will have to pay full cancellation charges. If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. If you are refused carriage on your outward flight, most airlines will reserve the right to refuse carriage on your return flight.
If you are refused carriage because of your behaviour or you are under the influence of alcohol or drugs, most airlines will consider passing on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets.
If any of these circumstances in this section occur, most airlines will exclude liability for any refund or compensation or any costs or expenses you incur and will have no further responsibility for your further travel arrangements. They may also make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour including but not limited to (i) repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft for the purpose of removing you from the aircraft. Criminal proceedings may also be instigated.
36. Financial Protection
Section B clause 26 applies where Etihad Holidays makes a flight only booking under their own ATOL, save that the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to such bookings.