1. Contract
Please read the booking conditions carefully as they will constitute the package holiday contract between If Only… (a trading name of If Only Holidays Limited) – ATOL 4269/ABTA W3086 and all those listed on the booking on whose behalf the party leader is acting. These conditions set out our respective rights and obligations. By asking to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them.
A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by Scottish Law, and the jurisdiction of the Scottish Courts. You may however, choose the law and jurisdiction of England, Northern Ireland or Ireland.
You will be advised of the current prices of the holiday that you wish to book before your contract is confirmed.
In these booking conditions “You” and “Yours” means all persons named on the booking (including anyone who is added or substituted at a later date or any of them), as the context requires and the “lead name” means the person who makes the booking. “We”, “Us” and “Our” means If Only…
1.1. Cruise bookings/third party bookings
Where holiday products or services are booked with If Only… as the Principal provider, your contract will be with us and our full booking conditions apply. Further conditions may also be applied by our suppliers and together these make the ‘Conditions of Contract’ and constitute the entire agreement between you and If Only… We will make it clear to you at the point of booking if we are acting as an agent for another holiday provider. In such instances, your contract will be with them as the Principal provider, although the relevant terms of our own booking conditions will also apply. Customers will be bound by any third-party booking conditions and carriage. By proceeding with a booking, you acknowledge that you have read and understood all of the ‘Conditions of Contract’ and agree to be bound by them. If any dispute arises then the third parties booking conditions will be applicable. All on board/in resort accounts must be settled directly with the supplier.
The provisions of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (“Athens Convention”) as amended by the 2001 Protocol and EC Regulation 392/2009 apply to cruise bookings. This means any liability we or the cruise operator may have to you will be limited in accordance with this convention (as amended) and Regulation.
2. Payment terms
When you make your booking, you must pay a non-refundable deposit of 10% of your total holiday cost or £200 per person, whichever is the greater. Some services require higher deposits (such as cruise, where a deposit of 20% or more applies) interim payment for tickets to be issued or early balance payments, which you will be advised of at time of booking. This may limit rights of cancellation or funds that may be refundable.
Otherwise, the balance of the price of your travel arrangements should be received by us at least ten weeks before your departure date, 15 weeks if your booking includes a cruise. If the deposit and/or balance is not paid on time, we have the right to cancel your travel arrangements. If the balance is not paid on time, we shall retain your deposit. If the booking is made within ten weeks of departure, 15 including a cruise then full payment is required at time of booking. We reserve the right to amend our prices at any time prior to you booking your holiday.
1.2. Cruise bookings and out of date range flights/accommodation
Where you make your cruise booking far in advance of departure, it may not be possible at the time to book flights, accommodation and/or other services you have requested as they are not yet available. Where you ask us to do so, we will confirm any such services subject to availability and the applicable price when they are available to book. If these services cannot subsequently be booked as requested or you are not prepared to pay the applicable price, you may cancel and receive a refund of the amount you have paid in respect of these services. Cancellation or non-availability of these services does not, however, entitle you to cancel your cruise or any other confirmed element of your booking, without paying the applicable cancellation charge.
3. Cancellation (by you)
Should you choose to cancel your booking then intimation by you or your travel agent must be made to us in writing and the cancellation will be effective from the date of receipt. Cancellation charges are as follows:
- More than 70 days before departure notification is received by us, deposit payable
- 43 to 69 days before departure notification is received by us, 50% of full holiday cost payable
- 22 to 42 days before departure notification is received by us, 70% of full holiday cost payable
- 14 to 21 days before departure notification is received by us, 90% of full holiday cost payable
- 0 to 13 days before departure notification is received by us, 100% of full holiday cost payable
The cancellation charges set out above apply to all bookings except where a booking includes items or services where the suppliers’ cancellation charges exceed those shown above. In these cases, we can provide you with a copy of our suppliers’ terms on request, but please note that 100% cancellation charges may apply in some circumstances. Please enquire at the time of booking. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Amendment and cancellation charges for bookings containing a cruising element will be applied in line with the cruise lines own booking conditions. This could be up to 100% of the total cost and will vary by cruise line.
4. Amendments (by you)
If after a confirmation number has been issued you choose to amend your booking at any time, we will endeavour to be of assistance but amendments will not always be possible. A request to amend must be made in writing by the person who made the booking or by your travel agent. If we are able to accept the change, an amendment fee of £50 per person, per change plus any further cost we incur in making this alteration will be charged and payable at time of change. You should be aware that these costs could increase closer to the departure date, or once travel has commenced, therefore you should contact us as soon as possible.
Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Major amendments such as changing the dates of travel or number of passengers travelling may be treated as a cancellation and re-booking or may involve a recalculation of the holiday cost.
5. Price pledge/surcharges
We can change your holiday price after you’ve booked, only in certain circumstances: the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb, and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you.
However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. Some governments are known to unilaterally increase the rate of Goods, Service, Tourism, Resort Fees, Municipality Bed, Green or Airport Tax with very little notice. In the event that this should occur after your booking has been made, but prior to 30 days before departure, we reserve the right to levy any eligible surcharge against you and will inform you of the reasons for any such increase.
If we become aware of a planned surcharge that may affect your holiday price after you have booked, we may contact you to request earlier/interim payment. In some circumstances this request would avoid the necessity of passing these increases onto you.
6. Cancellation (by us)
We reserve the right in any circumstances to cancel your travel arrangements. However, we will not cancel your travel arrangements less than 10 weeks before your departure date, except for unavoidable and extraordinary circumstances, (see below) or failure by you to pay the final balance.
Should a duplicate reservation be made on the same airline that is not booked by If Only... but is made by you or your agent, then the booking with If Only... may be subject to cancellation or additional charges if we cannot secure your ticket at the same fare. In such circumstances any funds paid to If Only... will not be refundable.
If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us. If it is necessary to cancel your travel arrangements, compensation will be payable in accordance with the table contained in clause 7 below, except where the cancellation is caused by unusual or unforeseen circumstances (see Section 15).
7. Amendments (by us)
As arrangements are made many months in advance, we have to reserve the right to make changes to brochure and holiday details both before and after you have booked your holiday. Any such changes are likely to be minor and we will advise you or your travel agent at the earliest possible opportunity. A change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a major change. If the change may be deemed to be a major one, e.g. a change to a lower official classification of accommodation than that booked or a departure time alteration of more than 12 hours, we will tell you as soon as possible and you will have three options:
- (a) accept the changes as notified
- (b) purchase an alternative If Only… holiday
- (c) cancel your holiday and receive a full refund of monies paid
In the event of (a), (b), or (c) above, except where change arises due to reason of unusual or unforeseen circumstances, we will pay compensation per paying passenger as follows:
- More than 70 days before departure (more than 91 days if booking includes a cruise) that notification is given, no compensation per paying passenger to your travel agent
- 43 to 69 days before departure (90-43 days if booking includes a cruise) that notification is given, £10 per paying passenger to your travel agent
- 29 to 42 days before departure that notification is given, £20 per paying passenger to your travel agent
- 15 to 28 days before departure that notification is given, £30 per paying passenger to your travel agent
- 0 to 14 days before departure that notification is given, £35 per paying passenger to your travel agent
8. Insurance
It is a condition of booking your holiday that you take out suitable insurance cover at the time of making your reservation with If Only. Your insurance must include cover for your total holiday price in the event of cancellation or curtailment as well as the cost of repatriation in the event of accident or illness. It is your responsibility to arrange suitable and adequate travel insurance that also covers any pre-existing medical conditions relevant to any passengers on your booking.
9. Our responsibilities and liability to you
9.1. Subject to these booking conditions, your holiday arrangements will be made using reasonable skill and care. If any part of your travel arrangements is not provided as promised, and we have not been able to provide an alternative of a comparable standard, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. As long as they were acting within the course of their employment or carrying out work we had asked them to do, we will be responsible if our employees or agents fail to make your holiday arrangements using reasonable skill and care. It is your responsibility to show that reasonable skill and care has not been used, in the event of making a claim against us. If we, or our employees or agents fail to make your holiday arrangements using reasonable skill and care, taking into account all relevant factors, e.g. following the complaints procedure as described in these conditions and the extent to which our acts or omissions (or those of our employees or agents) affected the overall enjoyment of your holiday, we will pay you reasonable compensation. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements.
9.2. We will not be responsible or pay you any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description which results from: a) the act(s) and/or omission(s) of the person(s) affected; b) the act(s) and/or omission(s) of any third party not connected with the provision of the services contracted for and which were unforeseeable or unavoidable; or c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or d) an event which either ourselves, our employees, agents, suppliers or subcontractors could not, even with all due care, have foreseen or forestalled.
9.3. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that that the services or facilities in question have not been provided with reasonable skill and care.
9.4. Our liability will also be limited in accordance with and/or in an identical manner to:
- The contractual terms of the companies that provides the transportation for your travel arrangements. These terms are incorporated into this contract.
- Any relevant international convention e.g. The Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can obtain copies of the conventions and the transport conditions of carriage from us.
- Loss of and/or damage to any luggage or personal possessions and money. For those that don’t fall within these conventions, compensation would be limited to £25.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible, of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
This liability clause does not apply to any separate contracts that you may enter into for excursions or activities in resort. Excursions, activities and hazardous pursuits that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book with If Only..., your contract will be with the operator of the excursion or tour and not with If Only…. We are not responsible for the provision of the excursion or tour nor for anything that happens during the course of its provision by the operator.
10. Financial security
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked and for your repatriation in the event of our insolvency. We provide full financial protection for our package holidays. Holidays that include flights are protected by way of our Air Travel Organiser’s License (ATOL) number 4269. When you buy an ATOL protected fight or flight inclusive 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able 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 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 are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL Scheme.
If you book travel arrangements other than a flight or flight package with If Only then as a company committed to customer satisfaction and consumer financial protection. At no extra cost to you or your customer, and in accordance with ''The Package Travel, Package Tours Regulations 1992'' all passengers booking with If Only are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of If Only. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
** Claims **
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk. Please ensure you retain the booking confirmation form as evidence of cover and value.
** Policy exclusions: ** This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
11. ABTA
We are a member of ABTA, Membership Number W3086. We are obliged to maintain a high standard of service to you by ABTA’s ‘Code of Conduct’. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at www.abta.com
12. Complaints and arbitration
At If Only… we will do everything possible to ensure that you have an enjoyable and trouble-free holiday. However, as you will appreciate, there are certain aspects of your holiday which are not within our direct control. In the unlikely event that you have a problem or complaint during your holiday, then please bring it to the immediate attention of the relevant person e.g. airline, representative or hotelier, in order that it may be remedied and resolved at the time to your satisfaction.
Should you not receive satisfaction then please contact our office which is open Mondays to Saturdays from 9.00am – 5.00pm. Should the problem not be resolved, then please bring it to our attention upon your return. Any such complaint must be received by us in writing within 28 days of your return home. If you fail to follow these procedures, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were at the destination and this may affect your rights under this contract. If your complaint relates to a non-brochured hotel/property or supplier, then If Only cannot be held responsible or provide any assurances or warranties in respect of the standard of facilities or levels of service offered.
It is unlikely that you will have a complaint that cannot be settled amicably between us, however as a Member of ABTA (Membership Number W3086), we are obliged to maintain a high standard of service to you as indicated by ABTA’s Code of Conduct. We can offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA, administered independently and is approved by the Chartered Trading Standards Institute. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. 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 abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
13. Your responsibilities
Any passports, visas, health certificates, International Driving Permits, valid credit card, entry requirements and other travel documents required for your holiday must be obtained by you, whose responsibility it remains to ensure that these are all in order and to meet any additional costs incurred (whether by you or by us on your behalf). Failure to comply with such requirements may result in the cancellation of your booking. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
You are responsible to arrive at stated departure times and places and any loss or damage which you suffer through failure to do so lies with you. We have no liability whatsoever to you through your failure to do so. In the UK, the Foreign & Commonwealth Advice Unit may have issued information about your holiday destination. You are advised to check this information at www.gov.uk/browse/abroad.
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our opinion, or that of any accommodation owner or manager, airline pilot, or other person in authority, to cause distress, danger, damage or annoyance to other customers, employees, property or to any third party.
If any person or persons are prevented from travelling because in the opinion of any person in authority, they appear unfit to travel, or are likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the holiday will cease. In all cases full cancellation charges apply and we will be under no obligation whatsoever for any costs incurred. We cannot be held responsible for the actions or behaviour of any other guests or individuals who have no connection with your booking arrangements with us.
It is essential that a mobile phone contact number for the lead passenger is provided to your agent or If Only... at time of booking. Without this information, assistance with weather related cancellations, delays or re-booking cannot be effectively provided by If Only... in accordance with the Package Travel Directive, and no reimbursement shall therefore be made.
14. Scheduled airlines
Air transportation is by scheduled services. We reserve the right to substitute alternative airlines or aircraft types. Such alterations do not constitute a significant change to your holiday arrangements and you will not therefore be entitled to cancel or change to another holiday, as a result. In the event of a delay to your flight, your airline is obliged, under the EU Regulation 261/2004 on Denied Boarding, Cancellation and Delay, to offer you appropriate compensation. Further information can be found at abta.com. Further assistance may be available from your insurance policy. Compensation is not due from us in the event of delay caused by circumstances beyond anyone’s control such as strikes, weather and unavoidable breakdown. Please note where a sector of a flight itinerary is not utilised in the correct order, we reserve the right to cancel any other arrangements booked and your return flight ticket will be invalid. No refund can be made for any unused flight arrangements.
This brochure is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under two years of age on the date of their return flight.
15. Unusual or unforeseeable circumstances
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, advice from the government to avoid or leave a particular country. We will follow the advice given by the Foreign Office in the UK.
16. Data protection statement
We have measures in place to protect any personal booking information that you have given us. This information will be passed on to the Principal provider and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. Please note that if you travel outside of the European Economic Area (EEA), controls on data protection may not be as strong as the legal requirements in the UK. Sensitive information such as details of any disabilities/dietary/religious requirements will only be passed on to persons or companies responsible for your travel arrangements. If we are unable to pass this information to relevant suppliers, whether in the EEA or not, we will not be able to implement your booking request. In making this booking, you consent to this information being passed on to the relevant persons. Full details of the data protection policy are available on request.
17. Group bookings
Different booking conditions and prices may apply for group reservations. Please contact us for relevant details.
18. Brochure and website accuracy
Every effort has been made to ensure that the information contained in our brochures and on our website is accurate. However, as you will appreciate, we have to contend with:
- conditions outside our control
- the fact that the brochure has been compiled many months before the departure date
- the possibility of human error
- hotel images – for the most part, images featured in our brochure and this website are provided by the hotels and tourist boards. Please note that they may not necessarily truly reflect the current appearance of the hotel or the room type confirmed and its surroundings as further developments may have taken place since the images were produced.
19. Travel agents
All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
20. Credit cards
Customers will have to provide a security deposit using a valid credit card to the majority of properties at check-in, guaranteeing any extras for each room direct to the hotelier, apartment/villa company or direct with any car hire or motorhome provider to allow vehicle to be obtained.
21. UAE visitors
All visitors to the UAE are required to possess a Biometric Passport, valid for a minimum period of 6 months from the date of entry into the UAE. If you’re transiting the UAE (and will not be passing through Immigration) your passport needs to have a minimum of 3 months validity from the date of transit.