 |
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
flythomascook.com terms and conditionsThe full conditions of your booking are set out below. However, to quickly find what you are looking for, click on the relevant section from this list. Please read these terms and conditions carefully, since they, along with the other relevant information on our website, set out the terms and conditions which will apply to you when you book any flight(s), car hire, resort transfers, car parking and/or insurance through flythomascook.com. They also contain information relating to your airline’s liability to you. Your contract will be with Thomas Cook Tour Operations Limited trading as flythomascook.com, ATOL No. 1368, ABTA no. V346X for any flight(s) you book through flythomascook.com. For any car hire, resort transfers, car parking and/or travel insurance you book through flythomascook.com, you will have a separate contract for each type of service booked with the provider of that service. This will be Avis [Avis UK] for car hire, the applicable transfer provider for resort transfers, BCP [BCP Limited] for car parking and AXA [AXA UK plc] for travel insurance. The conditions of the service provider will apply to your contract with them. These conditions are available in the Changes made by you to a booking of a service (other than a flight ) section further down in the T's and C's. flythomascook.com acts only as agent for these service providers and does not enter into a contract with you for any of these services. Please note, some services may be limited or restricted on certain flights. Bookings made through flythomascook.com do not and cannot constitute a ‘package’ (as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992) and these Regulations do not apply. Definitions In these terms and conditions, the following definitions apply unless the context otherwise requires. "airline(s)" means the airline(s) which provides your flight(s). This may be Thomas Cook Airlines UK Limited or any one or more of a number of other airlines. Note, flights to Canada are operated by Thomas Cook Airlines UK Limited as a scheduled service. Where necessary, a substitute airline may be used. "arrangements" means the flight(s) , car hire, resort transfers, car parking and/or travel insurance and /or any other service you book through us or any of them. “booking” means your booking with flythomascook.com. "conditions" means these terms and conditions. "flight(s)" means the flight(s) you book through flythomascook.com. “flythomascook.com”, "we", "us", "our" and "ourselves" means Thomas Cook Tour Operations Limited trading as flythomascook.com . "SDR" means Special Drawing Rights which is an International Monetary Unit. "service provider(s)" means the provider(s) of any car hire, resort transfer(s), car parking and/or travel insurance and / or any other service you book through us as referred to in the Special Note above and “service(s)” means all or any such service(s). "you" and "your" means all persons (or any of them as applicable) named on your booking (including the person who makes the booking and anyone who is added or substituted at a later stage).Things may change and errors may occur after information is placed on our website. We check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put updated details on our website so you will receive the latest information when you make your booking. If you have already booked, we will do our best to let you know about any significant changes or mistakes which affect you before you travel. The price payable for your arrangements is the one shown on our website which, by making a booking, you have agreed to pay. Whilst every effort is made to ensure the accuracy of all information and prices displayed on this website, regrettably errors may occasionally occur. In the event that an incorrect price has been entered in error, any booking made based on such incorrect price will not be valid so far as the arrangements affected are concerned. You will be advised of the mistake at the earliest opportunity and you will then have the option to either pay the correct price or cancel the affected arrangements and receive a full refund of any money you have already paid for them.
The person who makes the booking must be at least 18 and is responsible for payment of the total cost of the booking, including any insurance premiums, cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by confirming the booking, confirms that all the other members of the party, including any that are added or substituted at a later date, agree to be bound by these conditions and all other information on our website. When you book your flight and any other service you will have to pay the full cost of the flight and any other services you book at the same time.
If you book through a travel agent, your booking confirmation will be emailed to your travel agent. It is then their responsibility to send it on to you. If you book with us direct, either by our website or phone, you will either receive a confirmation itinerary including flight tickets which will be e-mailed to you, or a confirmation e-mail followed by flight tickets (if you have booked a flight) which will be sent to you by post. A binding contract between you and flythomascook.com for any flights booked and you and the relevant service provider for any other service booked will come into existence when your confirmation itinerary is e-mailed. Prior to doing so, we may e-mail you an acknowledgement of your booking. Any such acknowledgement simply confirms that we are dealing with your booking request and is not a confirmation of it. Please check your confirmation itinerary together with all other information and documents we send you as soon as you receive them. Contact us immediately if any information which appears on your confirmation itinerary or elsewhere appears to be incorrect or incomplete as it may not be possible to make changes later. We regret that neither we nor any airline or service provider can accept any responsibility if we are not notified of any inaccuracies in any document within 14 days of our sending it out (5 days in the case of paper tickets where we issue them). We will do our best to rectify any inaccuracies notified outside these time limits. However, you will be responsible for any costs and expenses involved in doing so except where we/the service provider made the mistake and there is good reason why you did not contact us within the time limit. If the price shown on your confirmation itinerary is incorrect, compared to the website price applicable at time of booking, this may be a mistake. We/the service provider will be entitled to re-confirm your booking at the correct website price. If your booking was made more than 56 days before departure, we/the service provider will have the right to rectify any itinerary mistakes up to 50 days before departure. If your booking was made less than 56 days before departure, we/the service provider will have the right to do so up to 14 days before departure.
If you have booked through us direct, we may communicate with you by e-mail, by post or by telephone. If you booked through a travel agent, all communication will be sent to your travel agent. By making your booking or enquiry via the internet or otherwise providing us with an e-mail address, you authorise us/the service provider to contact you in relation to your booking or enquiry using the e-mail address you have used to contact us or which you have otherwise provided. You must accordingly check your e-mails on a regular basis. Not all communications can go by e-mail. We/the service provider may also contact you by post or by telephone if, for example and for whatever reason, we have difficulty contacting you by e-mail or we/the service provider urgently need a response from you.
We will inform you of any significant changes to your flight as soon as we become aware of them (see section below: 'Changes made by flythomascook.com prior to travel'). If flight times change significantly, we will send a revised confirmation itinerary to the email address or postal address that you gave at the time of booking. If you booked through a travel agent, all communication will be sent to your travel agent. However it is the passengers responsibility to reconfirm all flight details at least 48 hours prior to departure. To find out how to do this click here.
Receiving flight tickets and documentation for other services you have booked
You may print the online confirmation page for your records.
Specific travel needs or requirements Please read the section headed "What if I have specific travel needs or requirements' in our online self help for details.
We will retain the personal information you have given us (directly or via your travel agent) in connection with your booking and also provide this to your airline and service provider, as applicable. You should note that the airline/service provider may be located outside of the UK/EU in a country which does not provide the same level of data protection as in the UK. We will also retain the personal information you give us when you request or agree to updates or further information from our website. In some cases we may need to process sensitive personal information relating to you. For example if you make a special request relating to any special dietary, religious or disability related requirements you may have, we may need to disclose this data to the airline/service provider in order that the flight/service can be provided. By providing us with this information, we are entitled to assume that you are happy for us to disclose your details in this way if required. If you do not provide us with this information or do not wish us to disclose it to the airline/service provider then we regret we cannot arrange for your request to be provided and/or may be unable to sell travel insurance to you, if applicable. We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion including by e-mail). We shall assume that you are happy for us to do so unless you tell us otherwise. Occasionally we contract with other companies to provide services on our behalf, for example mailing information to our customers. We only provide those companies with the personal details relating to our customers which they require in order to deliver the service. They are prohibited from using that information for any other purpose. We will ensure that anyone to whom we pass your details for this reason agrees to treat it with the same level of protection we are obliged to provide.You are entitled to ask for a copy of your personal details which we hold, for your information (for which we may charge a small fee) and to correct any inaccuracies.
It is advisable to take out insurance suitable for your needs before you travel. We cannot be responsible for any costs you incur as a result of failing to do so. For your own peace of mind the insurance should cover you if you have to cancel your flight or other holiday arrangements and for any emergencies which arise while you are away. Please read your policy details carefully when you receive them and take them with you when you travel.
Please also see " Receiving flight tickets and documentation for other services you have booked “and “ On-screen confirmation page" above. Remember to check if you need a visa for the country you are flying to. The passport, visa and health requirements applicable to British citizens holding a British passport departing from and returning to the UK are shown in the 'Valid documentation for travel' section of our online self help. A full British passport takes approximately 4 weeks to obtain but can take longer. Please ensure you allow plenty of time if you need to apply. Requirements may change and you should check the up to date position in good time before departure. It is the responsibility of passengers to ensure they have valid, acceptable passports and any required visa or any other documentation, for the travel they are to undertake. The passport, visa and health information we provide at any stage only applies to British citizens holding a full British passport issued in the UK departing from and returning to the UK. It does not apply to any other passengers. All passengers, including British citizens, are solely responsible for checking and complying with all relevant passport, visa and other travel/entry requirements. Any information we provide is for guidance only. Some countries have an immigration requirement for a passport to remain valid for a minimum period after the date of entry to that country (typically 6 months). If your passport is in its final year of validity, you are advised to check the requirements of the destination before you make your final travel plans. Passengers without the correct documentation may be refused carriage by the airline or entry into any country. Where entry is refused, fines or other financial penalty will be imposed on or by the airline and the passenger(s) concerned will be required to immediately return to their country of departure. Any passenger who travels without the required passport/visa/other documentation is solely responsible for and must immediately pay all fines, surcharges, other financial penalty, costs (including the cost of their immediate return flight) and any other sums of any description which are incurred or imposed by the airline or incurred by ourselves. This will be the case regardless of whether the lack of correct documentation is spotted at the departure airport. We can accept no liability in this situation and no compensation, expenses, refund or other sum will be paid. Your flight ticket will not be honoured and will lose its validity if the flights are not taken in the sequence provided in the ticket, and we will not be held liable for refunds or compensation in this case. If you have pre-booked car hire or intend to hire a car whilst at your destination you will be asked to present your driving licence and credit card when you go to collect your car. Further identification, such as a passport may also be required . Please check the following link for further details. AVIS terms and conditions
Reduced fares for children/infants Any person aged 2 years and over on the day of the return flight (or last sector) pays the full adult fare. A charge applies to infants under 2 years of age from £15 per sector plus taxes and charges. Infants will not occupy their own seat. If a seat is required, the full adult fare is applicable. Details of charges will be shown as you go through the booking process.
The cost of your flight does not include an in flight meal (excluding Canada). We can provide a 3 course meal to suit your dietary requirements for only £6.00 per adult per flight or £3.50 per child per flight. Infants do not receive meals and we regret that we do not sell baby food on the flight. In flight meals are mandatory for bookings made within 4 days of departure.
Children travelling without a parent or guardian We regret we cannot accept any booking for a child or children under 18 unless accompanied by a parent or guardian.
For details of allowance and permitted items to carry, see "How much luggage can I take?" in our online self help.
Delays sometimes occur. We work closely with all airlines to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate and practically possible.
Changes made by flythomascook.com prior to travel From time to time we may have to change details of or cancel the flight you have booked. We will communicate any significant change or cancellation to the contact details supplied to us as soon as reasonably possible. Changes communicated will include:
The percentages set out above are percentages of the basic price of the flight that has been changed or cancelled.. The basic price of the flight does not include any extras such as, for example, insurance premiums or flight supplements. Compensation, where we are liable to pay it, will be calculated solely with reference to the basic price of the flight. We are not always in a position at the time of booking to confirm the aircraft type and flight timings which will be used in connection with your flight. The flight timings and types of aircraft shown on this website and detailed on your confirmation itinerary are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. In accordance with EU Regulations we are required to advise you of the operating carrier(s) (or, if the operating 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 inform you of the identity of the operating 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. Any change in the identity of the airline, flight timings and/or aircraft type will not entitle you to cancel or change to other flight arrangements without paying our normal charges except where specified in these conditions.
Changes made by a service provider prior to travel Your contract is with the service provider. Their conditions apply. Please see Changes made by you to a booking of a service (other than a flight) to obtain further information.
Changes made by you to your flight booking (excluding name changes)
Charges will apply if you need to make any changes to your flight. We will charge for any additional services, facilities or other items changed. In addition we will also charge an administration fee from £20 per person, per sector, per change (See table below). If the changed arrangements are more expensive than those originally booked, you must also pay the price difference. If the change reduces the total cost of the original booking we will not refund any of the difference. flythomascook does not allow part amendments/cancellations to passengers, dates, times or routes of any flight. Charges for changes made by you to a flight booking prior to travel (not affecting any scheduled service flight (Canada)) Please note, name changes are not permitted by the airline for scheduled service flights.
Charges for changes made by you to a flight booking prior to travel (scheduled service flights (Canada)) Please note, name changes are not permitted by the airline for scheduled service flights.
Please note for changes made by you to a booking of a service, flythomascook.com will charge an administration fee from £20 for each changed or cancelled service. *You may only change your date of travel to an alternative within the same season as your original booking i.e. Winter season = 01 Nov - 30 Apr, Summer season =01 May - 31 Oct. ** In addition, if there has been an increase between the original fare paid and the current fare available at the time the change is made, you will be required to pay this. No refund will be given if the current fare is lower. For name changes 14 days or less before departure, the cost will be up to the total cost of your booking. Bookings that are originally made through the sales centre can only be amended or cancelled through the sales centre, click here for more information.
Changes made by you to a booking of a service (other than a flight) Your contract is with the service provider concerned. Their conditions apply. Charges (which may include cancellation charges) will be payable if you wish to change your booking. Please see the service providers conditions for full information be clicking on the appropriate link below. Please note, flythomascook.com will charge an administration fee from £20 for each changed or cancelled service. You will be asked to present your driving licence and credit card when you collect your car. Further identification, such as a passport, may also be required. DRIVING LICENCE
Please click the following link for full Terms and Conditions. Travel Insurance - If you cancel any Travel Insurance booked through us, your premium will not be refunded, as cover under the policy will have already been obtained. Please click the following link for full Terms and Conditions. Car Parking – Please click on the following link for full Terms and Conditions.
If you need to cancel your booking we will charge 100% of the booking cost plus a £20 administration charge if documentation for insurance purposes is required. Flythomascook.com does not allow part cancellations to passengers, dates, times or routes of any flight.
Cancelling a booking of a service (other than a flight) Your contract is with the service provider concerned. Their conditions apply. Cancellation charges will be payable in the event of you cancelling. Please see Changes made by you to a booking of a service (other than a flight) for links to service providers Terms and Conditions.
Conditions of airlines and service providers IMPORTANT INFORMATION The arrangements we offer 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 alternatively ask your travel agent, airline or service provider concerned . 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, our 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 unless these conditions say something different on the same point. In this case what it says in these conditions will apply. Airlines liabilities to their passengers are limited in accordance with international convention. See further below under 'Airline Liability'. For all other services, your contract is with the service provider concerned. Their conditions form the basis of your contract with them. Copies of these conditions are available as above.
Situations outside flythomascook's control Except where we expressly say differently elsewhere in these conditions, we cannot pay any compensation, damages, expenses, costs, losses or any other amount of any description or otherwise accept responsibility if we or your airline have to change or cancel your flight or your flight cannot be provided as or when agreed, or your flight arrangements prove deficient or you suffer any loss or damage of any description (including death or personal injury) as a result of circumstances or an event beyond our control, which we could not foresee or avoid even after taking all reasonable care. Such circumstances will usually include war, terrorist activity, civil unrest, industrial dispute, fire, natural or nuclear disaster, bad weather and all similar circumstances and in all such cases whether, actual or threatened. References in these conditions to 'exceptional circumstances' mean such circumstances.
Airlines under an EU operating ban In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of “What if you make a change to or cancel my flight before I travel?” above will apply.
We want all our customers to have an enjoyable and carefree trip. However you must remember that you are responsible for your actions and the effect they may have on others. Airlines have a wide right to refuse carriage of passengers and/or their luggage (which includes removing passengers and/or their luggage at any stage after boarding/loading including at any intermediate stop (whether scheduled or not) or airport at which the aircraft lands or to which the aircraft is diverted. For details of the circumstances in which carriage may be refused when travelling on Thomas Cook Airlines flights please see the Airlines Conditions of Carriage as referred to above. For conditions of carrage of other airlines click here. In the event that you and/or your luggage is refused carriage by the airline, neither we nor the airline will pay you or anyone travelling with you any damages, compensation, refund(s) or any other sum(s) of any description whatsoever or meet any expenses or costs incurred as a result. Neither we nor the airline will have any further responsibility for you. If you are refused carriage on your outward flight, the airline is entitled to refuse carriage on your return flight or any other sector(s).
If your complaint is regarding an issue relating to your Thomas Cook flight / check-in please contact the address below: E-mail: customerrelationsadmin.tcxairlines@thomascook.com For all other complaints, please contact the address below: We should point out that failure to follow the above procedures (which includes failure to complain as set out above within 28 days of your return home) may reduce or extinguish any rights you have to claim compensation from us, or from the airline. Any such rights will be reduced or extinguished if, had you done so, you or we or the airline could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if the complaints procedure is not followed. Your right to compensation may be reduced or extinguished, should any delay in your complaint being notified prevent us or the airline from carrying out a proper investigation. We aim to sort out all complaints relating to the service we provide ourselves, but if this is not possible you may ask for your complaint to be considered under a special scheme devised by the Association of British Travel Agents (ABTA) and administered independently by the Chartered Institute of Arbitrators. Please bear in mind that this special scheme is only available for claims against Thomas Cook Tour Operations Limited and not the airline as the airline is not a member of ABTA. Please also carefully consider the extent of our responsibility for your booking (see under "Our Responsibility') before you make a claim against us. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. In addition, it does not generally apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of your return flight. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement.
We are unable to accept Thomas Cook credit card, spend Thomas Cook Travel Pounds or Thomas Cook Worldwide vouchers as a form of payment At present we cannot accept Thomas Cook Travel Pounds, Worldwide vouchers or allow free of charge transactions for Thomas Cook credit cards (charge applicable is £2.50 per passenger per flight). We are looking to accept these in the near future bringing us in line with the other areas of the Thomas Cook businesses.
Complaints – concerning any other service If you are not satisfied with any service (other than your flight), please complain as soon as possible to the relevant person (for example the BCP car parking office, or Car rental representative). If they cannot help you must contact us on the telephone number supplied to you on your booking confirmation and we will do everything reasonably possible to resolve the problem. If you are not satisfied, write to our offices in the UK and we will act as a liaison between you and the service provider, to try to assist in resolving the problem. If we cannot help and you wish to take matters further, you must contact the service provider directly.
Flight bookings We 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 (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see above) or 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 any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose at the outset of any proceedings, English law will apply). Bookings of any other service Please see the relevant service providers conditions.
flythomascook's responsibilities Flight bookings We enter into a direct contract with you to ensure that you are protected by CAA ATOL Regulations. Our only obligations under that contract (other than those which are expressly set out in these conditions) are to reserve a seat for you with your confirmed airline (or such other airline as may be substituted) and provide you with a ticket for travel or other equivalent means of accessing your booked flight where no paper ticket is issued. We have no responsibility or liability for the provision of the actual flight or for the acts or omissions of the airline or any of its employees, agents, suppliers or subcontractors. The airline's conditions of carriage will apply to your contract. (see " Thomas Cook Airlines conditions"). We are not an airline or air carrier and do not enter into a contract for carriage with you. Our maximum liability if we are found to be at fault in connection with our contractual obligations to you is limited to twice the cost of the flight(s) in question. However, in the event that we are found liable in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount we will have to pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable International Convention(s) or Regulation(s) (for example, the Warsaw Convention 1929 as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability in the event of accidents for national and international travel by air). In such circumstances we are also entitled to rely on all defences from, exceptions to and other provisions relating to liability as are available to the airline in accordance with such applicable International Convention(s) or Regulation(s). Please note, the airline is also entitled to limit its liability to you in accordance with such applicable International Convention(s) or Regulation(s). When making any payment to you, we are entitled to deduct any money which you have received or are due to receive from the airline for the complaint or claim in question. Where a flight ticket is downgraded or a flight is cancelled, delayed or boarding is denied by any airline in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those regulations from the airline. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.' Bookings of any other service Your contract is with the service provider(s) concerned whose conditions apply. All service providers are entirely independent of flythomascook.com. We act only as agent. Our responsibilities are limited to making your booking with the service provider(s) in accordance with the information you provide to us at the time of booking. We have no responsibility or liability for the provision of the actual service or for the acts or omissions of the service provider(s) or any of its/their employees, agents, suppliers or sub-contractors. Our maximum liability if we are found to be at fault in relation to our responsibilities as agent is limited to twice the commission we receive in relation to the service booking in question.
SPECIAL NOTE All European Community air carriers are required by European Community 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. A 'Community Air Carrier' is an air carrier with a valid operating licence granted by an EU member state in accordance with the provisions of EC Regulation 2407/92. Thomas Cook Airlines is a Community Air Carrier.Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Community 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.Advance payments 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). Passenger delays 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). Baggage delays 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".
Financial protection of flights Flythomascook.com is a member of ABTA with membership number V346X. 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. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 68-71 Newman Street London W1T 3AH Tel: 020 7637 2444 or look at our website: www.abta.com.
Airline Conditions of Contract NOTICE CONDITIONS OF CONTRACT
Regulation (EC) No. 889/2002 Notice - Limits of liability
Other services terms and conditions
AVIS Terms and Conditions b) We confirm bookings made by phone or through one of our third party booking agents by the person taking your booking giving you a booking reference. c) We confirm bookings made by post by sending written confirmation with your booking reference. d) In each case we or our third party booking agent endeavour to e-mail, fax or post a booking confirmation but we cannot guarantee that this will reach you prior to your use of the service you have booked. 2. Cancelling a booking b) If these conditions and the operator's conditions are not available to you within seven working days before the booking period you may (as long as you do not park your vehicle in the car park) cancel no later than seven working days after these conditions and the operator's conditions become available to or are received by you and you will receive a full refund. c) If you cancel after the time in a or b or do not turn up, you will be charged in full for the whole booking period. d) Please inform BCP of the cancellation prior to the date of travel by telephoning 0870 013 4600, by fax 0870 013 4653 or by e-mail to communications@bcponline.co.uk or by post toAstral Towers, 4th Floor, Betts Way, London Road, Crawley, West Sussex, RH10 9XA, Cancellations sent by first-class prepaid post, will be deemed received by 10 am on the second working day after posting. Cancellation sent by second-class prepaid post will be deemed received on the third working day after posting. e) For the purposes of conditions 2 and 3, the booking period begins at one minute past midnight on the first day of the booking period. 3. Prices and Payments b) Any daily charges quoted are for a calendar day (with part of a day calculated as one day) unless indicated otherwise. c) You can pay for your booking using an approved payment card when you make the booking. If you are making a postal booking you must send us a cheque. d) If there are any extra charges due, you must pay these in full before you leave the operator's premises. e) Prices quoted in our promotional material: are usually discounted from the price you would pay if you turned up without a booking; 4. Our Responsibilities 5. Exclusion and limits of our responsibility a) loss or damage covered by your own insurance; b) any indirect loss as a result of damage or loss (such as loss of earnings); c) any loss or damage caused by any act omission or negligence of the operator. 6. Operators 7. Exclusion and Limits of Operator's Responsibility 7a) on airport car parks and car parks where you keep the keys during the parking period are open to the public and your vehicle will be parked at your risk; in other car parks the operator accepts no liability for loss or damage unless and to the extent it is proved to be caused by the negligence of the operator and accordingly you must report any loss or damage to the operator prior to driving away on your return. 7b) in the case of airport hotels or airport lounges, you must report any loss or damage prior to leaving the operator's premises. 7c) the operator accepts no responsibility or liability for: 7c1) loss or damage covered by your own insurance; 7c2) personal property left in your vehicle, the operator's coach, the operator's premises or left unattended at any time; 7c3) transport delays between the car park or hotel and the airport caused by traffic congestion, the operator's coach breaking down or any other cause beyond the operator's control; 7c4) loss arising from a stolen or mislaid booking confirmation, receipt or ticket for your vehicle; 7c5) loss of or damage to your vehicle arising from mechanical or electrical failure, self-locking, pollution, terrorism, natural disaster, damage by vandals and other matters outside the operator's control; 7c6) any indirect loss as a result of damage or loss to your vehicle (such as loss of earnings); 7c7) delay in making your vehicle available for collection if this is before the end of the parking period. 7d) The operator will not pay more than GBP25,000 for loss of or damage to your vehicle. 8. Check-in Time 9. Complaints procedure 9b) Any queries and claims relating to the processing of your booking should be made to us and conditions 9c to 9h will apply. 9c) This procedure does not affect your right to take legal action. 9d) We will write and acknowledge a written complaint within two working days of receiving it. 9e) One of our Customer Support team will deal with your complaint in the first instance. 9f) As long as you can send us any extra information we may ask for, we will try to give you a written decision within 28 days. 9g) You can send us complaints by e-mail to communications@bcponline.co.uk or by writing to the Administration Address at BCP, Astral Towers, 4th Floor, Betts Way, London Road, Crawley, RH10 9XA 9h) Telephone calls to BCP are charged at the national rate and may be monitored for training purposes. 10. Changing the Conditions Our VAT number is GB 708 2244 52.
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
