terms and conditions

1. Booking Your Holiday

1.1 When you book your holiday, you guarantee that you have the authority to accept and do accept our terms and conditions on behalf of everyone travelling in your booking party. This agreement is made on the terms of these booking conditions, which are governed by English law and the jurisdiction of the English Courts. We will only deal with you, the lead name, and you must be an adult when you book. Anyone aged under 18 on your holiday must be accompanied by an adult. When we say “you” and “your” we mean you, as the lead name, or you and everyone travelling, depending on the context.

1.2 Breathe Travel always acts as a booking agent or disclosed retail agent on behalf of the suppliers involved with your holiday booking. As a booking agent or disclosed retail agent, the company's role is to ensure that all travel components/services booked correspond with what has been agreed with you at the time of booking. In the case of those components/services deviating from what has been agreed due to the supplier(s) inability to honour the contract, then Breathe Travel will open a communication dialogue between the relevant supplier(s) and the customer and will not be liable for any compensation claims. In this context Breathe Travel cannot be held responsible for any charges imposed by the suppliers nor can it be considered liable for any omissions/mistakes unless the latter occur due to our negligence.

1.3 When making your booking, we will arrange for you to enter a contract with the supplier/s (tour operator/airline or other supplier) named on your booking summary. The supplier's terms and conditions will also apply to your booking, and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.

Ultimately, the customer will enter into a trading relationship with Breathe Travel, which will be solely restricted to the above-mentioned role of the company as a booking agent or disclosed retail agent, as well as with the various suppliers involved who will have the responsibility to provide in full the services/products advertised at the time of booking.

2. Providing Information

2.1 You must ensure all information you give us is correct. We’ll use the personal data you give us in line with our Privacy Notice. You must pass on any information we give you to everyone travelling in your party. You must comply with all passport, visa and other immigration requirements. If you have any mobility requirements (like finding it difficult to walk 500 metres) and require assistance, you must advise us before you book and if this changes at 72 hours before your holiday. It is your responsibility to advise us of any special mobility requirements relating to your flight, transfers, or hotels. Please note these cannot be guaranteed and are at the discretion of the individual suppliers.

3. Payments & Deposits

3.1 You will be required to pay a deposit or make full payment for your holiday at the time of booking. Where you only pay a deposit, you must pay the full balance by the notified due date. If full payment is not received by the balance due date, cancellation fees will be applied to your booking, resulting in a loss of any monies already paid.

4. Changes & Cancellations

4.1 Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking, the supplier may charge the cancellation or amendment charge shown in their Terms and Conditions.

4.2 Bookings made with low-cost carriers are subject to 100% cancellation charges from the moment they are booked. Other amendments or changes to your booking must be received in writing from the lead-named passenger. Charges may be levied by the tour operator or by your chosen suppliers, for which you will be advised at the time of the amendment. All administrative charge quotes are subject to change by either Breathe Travel or our suppliers without notice daily.

4.3 Breathe Travel act as booking agent or disclosed retail agent for the individual elements of your holiday. As such, customers are required to agree to the Terms & Conditions of the relevant supplier at the time of booking. Breathe Travel is therefore not defined as the ‘Principal’ provider of your travel products.

4.4 Any changes or amendments to your flight times which are received less than 24 hours before departure may affect you if you have booked airport transfers as there may not be enough time for the transfer supplier to contact their local agent in resort. Any out-of-pocket travel expenses incurred as a result may need to be claimed through your

Travel Insurance policy.

5. Changes or Cancellations by the Supplier

5.1 We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

6. Passports, UK Citizens, Visas & Health

6.1 It is incumbent upon you to ensure that you meet the passport, visa and health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change). The name in your passport must match the name on your flight ticket/voucher otherwise you may not be permitted to travel, and your insurance could be invalid. If you’re a British citizen, you need a full, ten-year British passport and it must be valid for six months from the date of your return to the UK. All passengers, including babies and children require their own passport. If someone in your group changes their name after you have booked, tell us and we will arrange for the flight ticket/voucher to be reissued. Amendment charges will apply. If you have already received the flight ticket/voucher, return it and we will send one in the correct name.

6.2 Please visit www.fco.gov.uk for up-to-date information regarding travel advice or restrictions that affect your destination.

6.3 Additionally, some countries now charge a local or departure tax. Breathe Travel cannot accept any responsibility should you be denied entry or be deported due to non-fulfilment of the above.

6.4 When booking a trip that involves a flight, all members of your party that are flying are required by law to provide their full passport number, start and expiry date and their nationality. These details can all be provided on the Booking / Authorisation Form that we send you prior to placing your booking. Failure to provide this information may result in you being charged at the airport by the relevant airline. Breathe Travel will not be held responsible should you fail to provide us with your passport information prior to travel. Having provided this information it is very important that you carry the correct documentation with you such as your passport and any visas required. Breathe Travel cannot accept any responsibility should you be denied boarding due to non-fulfilment of the above.

7. Travel Documents

7.1 Prior to travelling, customers must print out and ensure that they travel with the correct documentation required for each element of their holiday, i.e., accommodation voucher, flight voucher, transfer voucher and/or parking voucher. The booking confirmation email is not sufficient, and Vouchers contain important information therefore customers must take these with them on holiday.

8. Insurance

8.1 We recommend that all passengers are adequately insured before travelling abroad. The latter is usually a prerequisite for most tour operators, who reserve the right to deny travel when proof of insurance cannot be provided. Many Principals require you to take out travel insurance as a condition of booking with them. In any event, we strongly

advise that you take out a policy of insurance to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.

9. Flights, Times & Tickets

9.1 Flight times and prices shown are provisional and may be subject to change as per the tour operators’ booking conditions. If after making your booking, we are advised that an aircraft will stop en-route, we will advise you as soon as reasonably possible. However, the Tour Operator states that such a change will not constitute a significant change. Any changes in flight prices from the time of search will be indicated on the booking page before you make payment. You are subject to the airline supplier’s terms and conditions upon booking. For further details about luggage, please contact us or visit the applicable airlines website.

9.2 In the event of cancellation of your flight by the airline or if you choose to cancel, any Flight Admin Charges (as detailed on your receipt and at the time of booking) are non-refundable.

9.3 Online Check-in & Boarding passes – Many flight operators do not issue paper tickets and you will be required to present your Booking Reference at the airport check-in desk. Certain low-cost carriers insist that you check in online and print all boarding passes prior to your flights.

Failure to do this may result in you being charged additional fees during check-in at the airport before they will allow you to board. Breathe Travel will not be liable for any costs you may incur following your failure to present boarding passes/other required documentation to the relevant airline. Additional charges may also apply for checking in at the

airport.

10. Accommodation

10.1 Breathe Travel acts as a disclosed retail agent in the booking of your accommodation. These terms of business set out the basis on which we arrange your accommodation, acting as a disclosed retail agent. Your contract will be with the accommodation provider /owner (referred to from now on as the Principal) and their booking conditions will apply. We advise you to obtain and read these. If you require a copy, please request one. As a disclosed retail agent, we accept no responsibility for the provision of the accommodation by the Principal with whom you have a contract.

Our responsibilities are limited to making the booking in line with your instructions. We also do not accept responsibility for any information about the accommodation that we pass on to you in good faith. However, if we are found liable in any event our maximum liability to you is limited to the total cost of your booking (or the appropriate proportion of this, if not all parties in your booking are affected).

10.2 All accommodation that is sold through us is not an offer by us to sell any accommodation, but an invitation to you to make an offer to the Principals of the accommodation. We are free to accept that offer on behalf of those Principals or to reject it. We reserve the right to alter any of the advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.

10.3 When you have chosen your accommodation and you make a request to us to book it, you must pay the full cost of the booking if you are booking within 75 days of your arrival date, or a deposit if booking more than 75 days prior to departure. Your booking is confirmed and a contract between you and the Principal will exist when you have seen the

confirmation booking and received an email confirming the booking. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as a disclosed retail agent, we have no responsibility for any errors in any

documentation except where an error is made by us. If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Principal who may cancel your booking and charge the cancellation fees set out in the booking conditions.

10.4 When you make a booking, you guarantee that you have the authority to accept and indeed do accept on behalf of your party these terms of business. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.

11. Changes & Cancellations

11.1 Any cancellation or amendment request must be sent to us in writing, by email, and will take effect on the day we receive this during the hours of 9am to 5pm. The Principal may charge the cancellation or amendment charge shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements) and in addition you must pay us the cancellation or amendment charge as stated in section 10.

11.2 Regarding the changes and cancellations made by the Principal, we will inform you as soon as reasonably possible. If the Principal offers alternative accommodation or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the Principal will assume that you have accepted the change. In the extraordinary event of non-availability due to overbooking or any other unforeseen circumstance of your booked hotel, a substitute hotel of the same rating will be offered by the Principal.

11.3 The booking information that you provide to us will be passed on only to the relevant Principal or other persons necessary for the provision of your accommodation. The information may, therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information on as above, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.

11.4 If you are placing a booking with Breathe Travel for Accommodation Only with no other products, it is unlikely that this booking will carry any financial protection. Breathe Travel cannot be held liable for any financial loss incurred by you, should the principal used cease trading prior to, or during your accommodation stay. Please check with us prior to

booking.

11.5 The hotel ratings shown on our website are from our suppliers own rating system and may not be the official rating of the accommodation. Star ratings and standards can differ from country to country and a 4-star accommodation in one country may not be the same standard of a 4-star in another. Breathe Travel cannot be held responsible for any

misunderstandings relating to official or our suppliers own rating.

12. Special Requests

12.1 In some instances, specific special requests should be communicated with us prior to booking, if those request/needs will have a bearing on the customer’s decision to actually stay in a specific hotel. If you have any special requests (for example dietary requirements, cots, or room location), please let us know at the time of booking. We will pass on all such requests to the Principal, but we cannot guarantee that they will be met, and we will have no liability to you if they are not.

13. Package Holidays and Other Holiday Related Products

13.1 Where the supplier of the Holiday Product allows you to cancel or modify a Holiday Product or service you must contact Breathe Travel in writing of such a request. Unless we receive such a written request Breathe Travel will be unable to affect that request. Please note that because the contract for the Holiday Product is between you and the supplier, Breathe Travel has no discretion in deciding whether the Holiday Product can be cancelled or modified.

13.2 Any visa, passport and inoculation requirements are your responsibility and failure to obtain the relevant documentation is not the responsibility of Breathe Travel or its suppliers.

13.3 Please note some of our Holiday Products are sold “subject to availability” what this means is that we do not confirm your order immediately (your first confirmation e-mail will just be an acknowledgment of order) but we will pass your details onto our suppliers who will check to see if the Holiday Product is available, if it is they will book it for you, if it is not, they will revert to you directly.

13.4 If it is not possible to get tickets for Holiday Products to you (e.g., because your travel date is imminent) we may insist that you have an “e-ticket” generated. This means that you will have to pick up your ticket at your point of departure. There may be an additional fee for this service.

14. Check-In/ Out & Room Allocation

14.1 Check-in and check-out times are set by your accommodation provider. Late check-outs are at the discretion of the accommodation provider and may be chargeable. Depending on the flight arrival and departure you have selected, if you have booked All Inclusive, Full Board or Half Board you may miss a meal.

14.2 No room specifics such as balcony or view type can be guaranteed unless otherwise specifically stated in the room type description.

14.3 Please note that no refund can be claimed if guests stay at the accommodation for a shorter period than that for which they have booked.

14.4 Payment for incidental extras (e.g., Mini bar, telephone etc.) must be made directly to the hotel before you check out.

14.5 Please note that some passport holders must be legally married before they can share a room in certain countries. Please check with the relevant consulate for information on your destination before booking.

15. Behavior

Please be aware that the booking conditions of the Principal will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Principals will also often require you to pay for any damage you cause to the accommodation. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the Principal or any third party as a result.

16. Customer Service & Complaints Procedure

16.1 If you do not receive a booking confirmation email from us within 48 hours you must let us know as failure to do so may lead to missed emails about your booking which we cannot be held responsible for. It is your responsibility to ensure that your email address remains active. If your email address changes, you must advise us immediately and similarly let us know if you do not receive our acknowledgement of your email address change within 48 hours.

16.2 We hope your travel arrangements run as smoothly as possible and that you will enjoy your holiday. However, if you have a complaint whilst you are in the resort you must firstly report it immediately to the accommodation management and the local representative of the supplier. If the problem cannot be resolved at the time you must telephone the emergency number provided on your accommodation voucher. The matter must be put in writing to Breathe Travel within 28 days of returning to the UK. Please note that you should allow 28 days for a response so

that all issues raised can be concluded and resolved.

16.3 If you incur any out-of-pocket expenses when in resort, you must obtain and keep any receipts detailing each cost. Failure to send in receipts as part of a complaint could waiver your right to claim back any monies owed.

17. Financial Protection

17.1 Breathe Travel are members of the Protected Travel Trust (PTS). When booking a holiday or single aspect with Breathe Travel, as PTS members you can be assured that your funds are protected. In the unlikely event that Breathe Travel ceases trading all funds are held in an independent Trust Account managed by PTS for your peace of mind. Many of the travel arrangements that we sell are also protected in the case of the financial failure of the travel provider. Please ask us about the protection that applies to your booking.

17.2 As PTS members, Breathe Travel are fully Package Travel Regulation compliant.

18 Force Majeure

18.1 We will not make compensation payments for any cancellation/changes caused asa result ‘force majeure’. Force Majeure means any inability by us to perform our contractual obligations resulting from any cause or reason whatsoever beyond our reasonable control. This includes but is not limited to: acts of war (whether war is declared or not); the threat of war; riots; civil disturbances; industrial disputes; terrorist activity; natural disasters; fire; inclement weather; technical problems to transport; airline failure; closure or disruption to airspace or airport.