LEGAL INFORMATION – TERMS AND CONDITIONS OF BOOKING
Your contract is with Global Sports Tours (UK ) Limited. Registered number 05270230, registered office GST Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL. These booking conditions apply to any booking, which you make with us, so you should read them carefully. They contain some exclusions and limitations of liability.
1. Changes in Terms and Conditions
Global Sports Tours reserves the right to revise these general Terms and Conditions at any time, and may add to any contract a prevailing set of Event Specific Terms and Conditions valid and binding for a specific event.
2. Your Contract
When you make a booking you guarantee that you have the authority to accept on behalf of your party the terms and conditions. A contract will exist as soon as we issue our confirmation invoice, for Internet or email bookings a contract will exist as soon as the booking is confirmed over the web, by email or verbally by telephone. If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland, this contract will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this contract will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
3. Your Financial Protection
When you buy an ATOL protected air package or flight from us you will receive a confirmation invoice from us (or via our authorised agent through whom you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 9554. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund the flight costs you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. We, or the suppliers of the services you have bought, will provide you with the services you have bought (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought 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). The price of your holiday includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our quotations and for your repatriation in the event of our insolvency. For package holidays that do not include travel by air we provide this security by way of a bond held by ABTA If you book arrangements other than a package holiday the financial protection referred to above does not apply. We are a Member of ABTA, membership number Y2795. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct
4. Your Booking Price
When you make your booking you must pay a deposit as requested (some bookings may require further deposits prior to the balance deadline, which will be specified at the time of booking), plus any insurance premiums. The deposit requested may equal 100% of the value of the total booking. The balance of the price of your booked arrangements must be paid at least 10 weeks before your departure date. If your booking falls within this ten weeks period, full payment will be required at the time of confirmation. We hold all monies you pay to Global Sports Tours on your behalf until we issue our confirmation invoice. The person completing the booking (including web, telephone or email bookings) accepts responsibility for payment for all of the persons on the booking, and is responsible for informing all party members of the relevant booking details and conditions. On tickets and hospitality there maybe a premium charged above face value, to sold out events, which reflect our costs of obtaining preferred seating. This premium is based on supply and demand along with seat location. We reserve the right to impose surcharges once you have booked but no surcharges will be imposed within thirty days of departure and any downward revision in the price will be refunded to you. Surcharges will only be imposed for variations in: (i) transportation costs, including the costs of fuel. (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates applied to the particular package. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For variations above 2%, they will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £10.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the date of issue printed on the invoice. Air Passenger Duty “APD” is included in the price of your holiday/flight ticket.
5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel/booking arrangements in anyway, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of £30.00 per change, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the airfare. Changes of this nature are subject to availability at the time of rebooking. Changes made within 28 days of your scheduled departure date shall be treated as cancellation.
6. If You Cancel Your Booking
You, or a member of your party, may cancel your travel arrangements at any time and shall be effective from the date written notification from the person who made the booking is received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges: -
70 days or more Deposit Only43 to 69 days 50%29 to 42 days 75%0 to 28 days 100%
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.In some cases Global Sports Tours will apply alternative cancellation terms, of which you will be notified in advance (Example: Scheduled Flights, Sports Hospitality or Ticket Only) at time of booking. For these bookings you will have to pay for 100% of the value of the contract at time of booking. Cancellations on a booking of this nature, which are made after a booking has being confirmed either verbally or by confirmation invoice, will incur a 100% loss. Thomson Sport will endeavour to either re-sell all or parts of your booking on your behalf, to help reduce your liability, under your instruction, but accepts no liability if this cannot be achieved.
7. If We Change Or Cancel Your Holiday or Booking
It is unlikely that we will have to make changes to your travel arrangements, but we do plan most arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minim number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 4 weeks before your departure date; except for reasons of (i) force majeure; (ii) the tour being booked within the 4 week period prior to travel operating under specific cancellation terms notified to you at the time of booking, or, (iii) failure by you to pay the final balance. If the deposit and/or balance are not paid in time, we shall cancel your arrangements. If the balance is not paid in time we shall retain your deposit, we also reserve the right to resell the package without informing you. If we make a major change to your travel arrangements we will inform you as soon as possible if there is time before your departure and you shall have the option of accepting the change or cancelling the holiday with a full refund. If we cancel your holiday before it starts, and it is not your fault, or if you cancel because you decline a major change you have the following options: accepting an offer of alternative travel/accommodation arrangements from us if available (with a refund where the alternative is of lower value), or receiving a full refund on monies paid. Please note that carriers, such as airlines, used on this website may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward/return journey by less than 12 hours, or changes of aircraft type. In all cases, except where the major change or cancellation arises due to reasons of force majeure or because minimum numbers were not obtained, we will as a minimum pay compensation as detailed below subject to the period before scheduled departure:
70 days or more Nil
69 days or less £10
For hospitality or ticket only bookings, should an event for any reason be cancelled or rescheduled, Global Sports Tours will strictly only be liable for the face value of the hospitality or ticket, regardless of any premium charged.FORCE MAJEURE: We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by reason of circumstances amounting to "force majeure". Circumstances amounting to "force majeure" include any event which we or the supplier of the service(s) in question could not even with all due care, foresee or forestall such as (byway of example and not by way of limitation) war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, acts of God, adverse weather conditions, and all similar events.
8. Late payment
Interest at the rate of 5% above the Bank of England base rate per month will be levied on late payments over 30 days unless Thomson Sport has agreed in writing special extended terms with the client. This levy will then be introduced after the extended terms expire.
9. If You Have A Complaint
If you have a problem with your flight, holiday or booking, please inform Global Sports Tours immediately, who will endeavour to put things right. You can either telephone the tour representative in resort (whose’ contact details will be provided prior to departure), call us on 0845 121 2018. It is unreasonable to take no action whilst on holiday, but then write a letter of complaint on return. If you do not raise your concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Global Sports Tours, 4th Floor Tuition House, 27-37 St George's Road, Wimbledon, SW19 4EU giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. We will respond to written complaints within 28 days. We can usually sort out any complaints you may have, but if we cannot agree you can take the matter to arbitration administered by IDRS, part of the Chartered Institute of Arbitrators. Details and application forms are available from ABTA Ltd, 30 Park Street, London, SE1 9EQ, www.abta.com . The arbitrator will only deal with your complaint if it relates to a tour and:
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you are claiming up to £5,000 for each person or £25,000 for each booking;
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you contact them within 9 months of the end of your tour; and
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your complaint does not involve major physical injury or illness in excess of £1,000.
This is a cheap and simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. If you would like more details please ask our customer service staff. If you prefer, you can take your complaint to the County Court or another suitable court. Information regarding complaints may be shared with other tour operators.
10. Special Requests
We will consider special requests, such as high or low floor preferences in a hotel, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests charged for, or confirmed in writing.
11. Our Liability to You
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We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in the sales Invoice confirmation and will perform our obligations with reasonable skill and care. If any parts of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel/booking arrangements. Except where your claim is in respect of personal injury our liability in all cases shall be limited to a maximum of three times the cost of your travel arrangements excluding any amendment charges or insurance premiums.2. Subject to the limitations mentioned below we accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.3. In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention.4. We cannot accept liability where the failure to perform the contract or improper performance of the contract is due to: -a) Acts and/or omissions of yourself or any member of your party.b) The fault of someone else, not connected with the provision services contracted for and is unforeseen or unavoidable.c) Any circumstances, unusual or unforeseeable, beyond our control, which could not have been avoided even if all due care had been excised.d) Any event, which we, or the supplier of any part of the contract, even with all due care, could not foresee or forestall.
12. Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity, which does not form part of your travel arrangements, or an excursion arranged through us, we should at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to us. We limit the cost of our assistance to you or any member of your party to a maximum of £5,000.00.
13. Conditions of Carriage
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight.
14. Brochure & Sales Information Accuracy
We will provide facilities and services as advertised in any sales information sheet or website and the prices, offers and information printed therein are valid at the time of publication until superseded by publication of new pricing.
15. Travel Documentation
Please ensure that your passport and any necessary visas are valid for your complete trip and that the name on your passport matches the name on your ticket. Most countries require passengers to have at least six months validity remaining on a full 10-year passport. Visas may be required for British Citizens for entry to non EU countries Visas may also be required for longer stays over three months in certain EU countries. You should check details of passport and visa requirements for your chosen destination with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your date of travel. Information on the UK Passport Agency can be found at www.ips.gov.uk/passport/index.asp. It is your responsibility to ensure that you have the correct passport and visas to gain access to any country/region included in the travel arrangements which you purchase from us. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling. The Foreign & Commonwealth Office (www.fco.gov.uk/knowbeforeyougo) provides up-to-date travel advice to help British travelers make informed decisions about travelling abroad. We will look to recover from you any fines imposed upon your carrier or Thomson Sport Ltd as a result of your holding incorrect or improper documentation.
16. Checking Inbound Flights
On flights it is your liability to confirm your flight details prior to departure, not more than 48 hours and not less than 12 hour prior to the previously notified flight time. Documentation included with your tickets will advise if this requirement is necessary and we cannot accept liability for any losses or expenses to passengers who fail to comply with this condition. The times quoted on your flight tickets are local times. It is essential for you to check in at least 2 hours before the flight departure time. If the outbound journey is not used with the inbound flight then the reservation is automatically cancelled.
17. Insurance
Adequate travel insurance cover must be taken. Should you wish to pre-book the specially negotiated Thomson Sport cover, please call for more details on 0845 121 2018
18. Health & Safety
For medical advice regarding your journey, including vaccinations, please contact your GP. The Department of Health leaflet “Health Advice for Travellers” is available from the Health Literature Line on free phone 0800 555 777. The Foreign and Commonwealth Office (FCO) issues up to date information on safety issues for many countries worldwide. For details, contact the FCO Travel Advice Line on 020 7238 4503/4504 or BBC Ceefax or www.fco.gov.co.uk
19. Montreal Notice and EU Blacklist
Air Carrier liability for passengers and their baggage: This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this 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 approximately £80,000, 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 of 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 of the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than approximately £13,000. Passenger delays: In case of passenger 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 passenger delay is limited to approximately £3,300. 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 approximately £800. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to approximately £800. 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 benefi t 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 complete a Property Irregularity Form at the airport and 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 to 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. 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 the Member States. 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
within the EU Community. The Community list available for insepctiona t http://air-ban.europa.eu/ In accordance with
EU regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting
flight/transfer. For 2008 this includes, but is not limited to: FCA First Choice Airways, Jet2, TOM ThomsonFly; British
Airways; Flybe; Eastern Airways; Monarch; and, Excel. Under EU law (Regulation 261/2004) you have the rights in some
circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be 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 the clause headed ‘if we change or cancel your holiday’. If any
payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your
airline does not comply with these rules you should complain to the Air Transport Users’ Council www.auc.org.uk.
20. Data Protection Policy
To ensure that your holiday runs smoothly, we (and your travel agent, if you use one) need to use information such as
your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to
protect this data. However, we must pass it to suppliers of your travel arrangements including airlines, hotels,
transport companies and match ticket suppliers in the case of packages including access to match tickets with UEFA,.
We may also supply it to security or credit checking companies, and to public authorities such as customs and
immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your
destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding