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1. Our Agreement with You.
The following terms and conditions form the basis of your contract with Magic Holidays, a trading name of Travel Up Ltd. The air holidays and flights on this website are ATOL Protected, since we hold an Air Travel Organiser’s Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL7227. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information, visit the ATOL website at www.atol.org.uk. All travel arrangements on this website are sold subject to the following booking conditions.
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected and where you can get information on what this means for you and who to contact if things go wrong
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit youassign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
When you wish to confirm a booking, you are acknowledging your understanding and acceptance of our terms and conditions on behalf of everyone in your group. The terms and conditions vary depending on whether you purchase a ‘Package’ booking consisting of a flight and accommodation booked at the same time and invoiced as a fully inclusive cost or ‘Other Travel Arrangements’ which is anything else, flights booked separately including accommodation or transport booked together, but quoted separately and subsequently itemised on your invoice.
Please note that where a suppliers services form part of your booking, the suppliers standard terms and conditions will also apply. These are important in the case of ‘Other Travel Arrangements’ Magic Holidays acts only as an agent between you and our suppliers. All travel arrangements that include flights are based on scheduled IATA airlines and are subject to their conditions of carriage. Copies of these conditions may be requested in writing.
3. Deposits & Payment
(a) When making a booking involving flights, we will require a minimum deposit of £50 per person. However some airlines require immediate full payment and you will be advised at the time of booking the amount of deposit required. In addition a deposit of £250 per person will be required in respect of any ground arrangements. We will then send you a confirmation invoice, after which a contract exists, subject to English law unless otherwise agreed. We will require payment of the remaining balance as shown on your confirmation invoice, not less than eight weeks before your departure from the UK. If you book within eight weeks of departure from the UK we will require full payment at the time of booking. Deposits are non-refundable and should you fail to pay the money when it is due we reserve the right to cancel your booking and retain the deposit that has been paid. Travel documents will not be released until we have received full payment.
(b) Airline Ticket Deadlines. For ‘other travel arrangements,’ where we act as agent between you and our suppliers, airlines may on occasion request that payment be brought forward in which case we will notify you of this change of payment date. This usually occurs when an airline withdraws a fare and requests that all tickets in the old fare are issued by a particular date. Regrettably your booking cannot be held after this ticket deadline date and will have to be cancelled if payment is not made.
4. Cancellations by You
(a) - If you need to cancel a confirmed booking you must contact your travel agent. To cover the cost of administration and cancellation charges imposed by suppliers and for the possibility that we will not be able to resell the holiday we have to make a cancellation charge. If you have purchased insurance you may be able to claim for the charges we impose. Should you cancel your confirmed booking or part of your booking, then the following cancellation charges will apply:
More than 56 days prior to departure: Deposit only
29 – 55 days: the higher of 50% of the total cost or loss of deposit
15 – 28 days: the higher of 75% of the total cost or loss of deposit
14 days or less: 100% of total cost
Note: These cancellation charges apply to all bookings, except in circumstances where a booking includes items or services where our suppliers own cancellation charges exceed those shown above. In these circumstances any additional cancellation charges will be advised at the time of booking.
(b) Other Travel Arrangements - If you need to cancel you must us in writing or by email. Cancellation charges vary depending on the services booked and will be clearly stated at the time of booking. In all cases a minimum cancellation fee of £50 will apply regardless of the value of the service cancelled. In some cases it may not be possible to offer any refunds for certain services such as air tickets once a booking has been made. Please ensure you are certain of the fees applicable to your booking by asking your travel agent before proceeding to book your arrangements.
5. Alteration by You
If you wish to make a change to a confirmed booking please contact us.. Any changes made up to 56 days before departure will incur a minimum charge of £50 per change. In some cases airlines require tickets to be issued on booking and where tickets have been issued changes may be treated as a cancellation and will be subject to the charges shown in section 4.
However, after that date any changes will be treated as a cancellation and may be subject to the charges shown in section 4.
Please Note: A change to the travel departure date once confirmed, is regarded as a cancellation and rebooking, not an alteration to the booking. Some suppliers, particularly airlines, whose special fares in some cases are non-refundable, may consider a name or other change to an existing booking, as a cancellation and rebooking, with up to 100% cancellation charges.
If the services booked are dependent on a minimum number of people using the service, we will have to recalculate the total cost based on the new number of passengers travelling. The cost may therefore increase but as this is not a cancellation charge, it may not be covered by your insurance.
No refunds will be given for unused services unless an amendment or cancellation has been made in which case the charges shown above will apply.
Name changes. If you are prevented from taking a Package booking we will be happy to arrange a change of name provided you give us at least 28days’ notice prior to departure, provide evidence of your inability to travel and pay the cost of the changes. We will charge £50 per name change in addition to any charges levied by the service providers such as the airlines.
6. Cancellation by Us
(a) Package Bookings - We aim to provide the travel arrangements you have booked without any changes, however, it is possible that cancellations may be necessary due to changes made beyond our control by airlines, hotels or other suppliers. For some tours to operate a minimum number of people may be required. If sufficient bookings are not received we reserve the right to cancel the holiday, but will do so at least eight weeks before departure.
In the unlikely event that your travel arrangements must be cancelled we will advise you as soon as is reasonably possible and you will be offered an alternative or a full refund.
If we have to cancel your package booking as a result of any other circumstances, we may offer you additional compensation where deemed appropriate.
Note: Compensation will not be payable when the cancellation is due to events beyond our control, such as war, threat of war, riots or disturbances, terrorist activities, industrial disputes, fire, nuclear or natural disasters, health risks, problems with transport, severe weather conditions or any other similar events.
(b) Other Travel Arrangements
In the unlikely event that a booking has to be cancelled, for any other reason than non-payment, then a full refund will be made of all monies paid, less any amendment fees or insurance premiums. We do not accept any responsibility for consequential losses arising from services that have not been booked through us
7. Alteration by Us
(a) Package Bookings - Although it is unlikely, we may unfortunately have to make changes to your travel arrangements and we must reserve the right to do so. We will inform you of any major changes at the time of booking, or as soon as possible afterwards if you have already booked. If a major change is necessary, such as an alteration of your outward/return flights by more than 12 hours, change of resort, or reduction in standard of your accommodation, you will be offered the choice of:
(i) accepting the change
(ii) accepting an alternative
(iii) receiving a full refund of all monies paid.
If the alteration results in a reduction in the total cost of your travel arrangements, we will make an appropriate refund. We will offer appropriate compensation for the change imposed providing that it does not arise from circumstances outside our control.
(b) Other Travel Arrangements - Where we only act as a booking agent, particularly in the case of air tickets, we may not be notified of a major change before you travel. However, where we are notified, we will advise you as soon as is reasonably possible. If the changes are not acceptable to you, we will offer you an alternative if available, or a full refund. If your chosen alternative costs more, you must pay the difference.
Europe-wide laws relating to denied boarding, delays and cancellation of flights grant rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of theflight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should
note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your operating airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.
8. Lost tickets or vouchers
If your travel documents have not been received by you, or you have mislaid your travel documents, you must inform us at least 10 days prior to departure. Failure to do so may result in additional charges as special arrangements will have to be made.
9. Changes in Price
The prices shown are correct at the time of publication. You will be notified of any changes to these prices at the time of booking.
We reserve the right to increase the price of package holidays after booking if any increase in price occurs in respect of:
(i) air fares or other transport costs,
(ii) taxes or duties payable, including new taxes introduced by any government
(iii) adverse changes to currency exchange rates
In relation to package holidays, we will absorb and you will not be charged for any increase equivalent to up to 2% of the price of your travel arrangements. If the cost of your holiday increases by more than 10% you may decide to cancel the holiday and have a full refund except for the insurance premiums or amendment fees paid after booking. If you want to cancel you must tell us within 14 days of being advised of the increase. In return we will not change the cost of your holiday within eight weeks of departure. The only exception to this offer is in respect of any government imposed taxes or a charge that may be introduced to provide consumer financial protection which we may be required to collect on behalf of the government. Equally, where our costs fall by more than 2% after the package has been bought, we will pass onto you any benefit and reduced costs to ourselves as a result of changes to the items listed above.
If you pay in full within 14 days of booking we guarantee there will be no change to the price you have paid after full payment is received. If you prefer to wait you may pay the balance of your booking eight weeks before departure, however in such cases the prices may be subject to change and we reserve the right to pass on any increase resulting from surcharges imposed by suppliers or exchange rate fluctuations. At present airlines, airports and government bodies are introducing new taxes and fees to pay for additional security. Again, we reserve the right to pass these charges on in full should they apply to your purchase up to 8 weeks before departure.
10. Our Liability
Magic Holidays is pleased to accept responsibility for any loss, personal injury or death caused by our own proven negligence. However in respect of the travel arrangements themselves and any claims that may arise from them, we are unable to accept responsibility except in relation to package holidays and any claims must be addressed to the supplier or to your own insurance company. In the case of packages only, we are responsible for making sure that each part of the package you book with us is provided to a reasonable standard and as sold by us. If any part of your package is not provided as described, we will pay you compensation, if appropriate
If you suffer injury, illness or death directly as a result of the services provided as part of your package we may make a payment to you. We will not make any payment if your injury, illness or death was caused by an event or circumstances which the person who caused it could not have predicted or avoided even if they had taken all necessary and due care. We will not make any payment if your illness, injury or death was your own fault or the fault of someone unconnected with the package.. If we do make a payment, it will be similar to one you would receive under English law in an English court.
1. You must tell us and the supplier involved about your injury or illness while you are travelling You should also write to us within three months of coming home from your package to allow us to investigate it properly and cooperate with us so as to enable us to carry out such investigation.
2. You must transfer to us any rights you have against the supplier or any other person.
3. You must cooperate fully with us if we or our insurers want to enforce those rights.
4. Any payments we make may be limited in accordance with International Conventions including the Warsaw and Montreal Conventions in relation to air travel and the Athens Convention in relation to international sea travel. You are welcome to ask us to supply copies of these conventions.
We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.
For the avoidance of doubt, excursions bought whilst on the package are subject to the conditions of the excursion provider and do not form part of the package. We therefore cannot accept any liability arising from the purchase of excursions whilst on holiday
We consider adequate travel insurance to be essential. Please read and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for you and your party.
12. Passports and visas
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. A full and valid passport is required for destinations we feature (including children) and Visas may be required for some destinations. Requirements may change and you must check the up to date position in good time before departure. If you or any member of your party is not a British Citizen or holds a non-British passport, you must check passport and visa requirements with the consulate or Embassy in which you are intending to travel, prior to booking. If you are travelling to the United States you must either hold a valid visa or if you are travelling through the Visa Waiver scheme, apply at least 72 hours in advance of travel for an Electronic System for Travel Authorisation (ESTA) at https://esta.cbp.dhs.gov/ If you fail to do so, you will be denied boarding by your airline and will not be entitled to any refund of your holiday costs
13. Complaints Procedure
If you have a problem during the course of your holiday, you must inform the supplier of the service, plus a representative whose details we have provided, or telephone our offices immediately, failure to do so may reduce or extinguish any possible claim. We will endeavour to put things right as soon as possible. We will acknowledge all complaints on their receipt and deal with them promptly and efficiently.
14. Special Requests
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that we do not operate any airline or directly provide the accommodation you book means we are unable to accept any bookings if your contract depends on being met.
15. Data Protection
By making a reservation with us you agree to the use and disclosure of the information you provide for the following purposes: to enable us to process your booking (when it may be transferred abroad), if you purchase insurance we may process your information and pass it to insurers, for market research and analysis, to avoid fraud and to enable us to contact you by letter, telephone or e-mail with details of our products or those of our suppliers
Travel Up Ltd. Company registration number 05121675 Registered Office 511 Oxford Road Reading RG30 1HF