Terms and conditions

Booking conditions – Full Terms

The following Terms and Conditions apply to all holidays booked with Luxury Moments Limited trading as Luxury Moments (“we”, “us” or “our”). Together they form the basis of your contract with us. Please read them carefully as they set out our respective obligations. These terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and the company director. In these Terms and Conditions “you” and “your” means all persons named in the booking including anyone who is added or substituted at a later date. We sell two types of holiday arrangements – package holidays which include Luxury Moments operated products, such as catered cabins or ski hotels (“Operated Holidays”) and tailormade holidays, where we will source and create a holiday for you using a number of different travel suppliers on whose behalf we act as agent (“Tailormade Holidays”). We will act as “package organiser” and your contract will be with us for both types of holidays, but our obligations to you may differ depending on which type of holiday arrangements you’ve booked with us (particularly the cancellation charges and provision of service obligations), and this is outlined in further detail in these Terms and Conditions.

1. Booking, payment and confirmation of your holiday

• To book a holiday, please use our website or email us to request a quotation. When you are happy with the quotation, you can pay the specified deposit so we can process your booking.

No contract shall arise between you and us until we have received the deposit payable and we have sent to you written confirmation (This can be in the form of an email) of our acceptance of your booking.

The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies “Luxury Moments” against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our terms and conditions. By paying the deposit, the lead name accepts these Terms and Conditions on behalf all members of the party and confirms that he/she is so authorised to do so by all other members of the party. The party leader is responsible for all payments due to us and must be at least 18 when the booking is made. It is understood that those booking via email or website agree to, and accept our terms and conditions.

• A deposit as specified on your quotation, or as advised by your travel consultant, must be paid at the time of booking. For certain arrangements, in particular Tailormade Holidays, the suppliers concerned may require a higher deposit or full payment at the time of booking. If this applies to your booking we shall advise you of this prior to booking or may request an additional deposit payment after booking. For the purposes of clause 3 such payments will also be classed as deposits.

The balance of the holiday cost must be received by us according the specified payment calender, which final payment not less than 45 days prior to departure. Bookings made within 45 days of departure require full payment at the time of confirmation. The balance payment date will be shown on the confirmation invoice. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case the cancellation charges set out in clause 3 will apply. In such cases a written notice of cancellation and a cancellation invoice would be sent to you.

• Luxury Moments is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with Luxury Moments are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. Your money is fully protected and is held within an independent Trust Account, managed by Protected Trust Services Ltd of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants – Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.
• Where you book online or otherwise provide us with an e-mail address, we will communicate with you by e-mail. We will e-mail your confirmation invoice and any other documentation which can be sent in this way. You must therefore ensure you check your e-mails on a regular basis. You should check and print off copies of your confirmation invoice and other documentation on receipt. We may contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. References in these Terms and Conditions to “send” and “in writing” include communication by e-mail.
• You may contact us by e-mail for any of the reasons mentioned in these Terms and Conditions (for example, to request an alteration) providing you do so to the e-mail address of your Travel Consultant.

2. Alterations by you and transfer of booking

Should you wish to make any alterations to your confirmed holiday the lead name must notify us as soon as possible in writing. Whilst we will endeavour to assist we cannot guarantee that any request will be met. If we can make the requested change you will be provided with a quote detailing any additional costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers and our amendment fees of £75 per person.

Please note that some accommodation is priced according to the number of people in the booking. If you wish to change the size of your party, the per person cost of the holiday for other members may increase significantly and that some airline tickets (e.g. advance purchase and net fare tickets) cannot be changed once booked, without incurring considerable cost.

Transfer of Booking: If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) as long as the following conditions are met:

(i) the transfer is requested in writing at least 7 days before departure; (ii) all suppliers and third parties accept the transfer of names or are able to re-book. Air tickets are rarely transferable; (iii) you sign an authorisation to transfer the holiday into another name; (iv) the transferee accepts these Terms and Conditions; (vi) the transferee provides us with new travel insurance details;

Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £75 must be paid. Any overdue balance payment must also be received. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 3 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services. Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

3. Cancellation by you

You are entitled to cancel your holidays at any time. All cancellations must be notified to us in writing from the lead name on the booking. Your notice of cancellation will only be effective when we receive it in writing at our offices. As we incur costs from the time you make your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling (unless reducing the party size increases the per person cost for those not cancelling) excluding insurance premiums, late booking and amendment fees. Insurance premiums, late booking and amendment fees are not refundable in the event of cancellation.

Cancellation charges:

Given the high demand on these dates and the strict conditions imposed by the service providers, this trip has special contracting conditions and cancellation fees to be taken into account:

Period before departure we are notified	Cancellation Charge
More than 180 days	Deposit or 30% of total holiday price (whichever is the greater)
Between 179 and 90 days	60% of total holiday price
Between 89 and 45 days	80% of total holiday price
Less than 45 days	100% of total holiday price

However, to the extent that the cancellation terms of the arrangements with the underlying suppliers allow us to recover monies, we will notify you and make arrangements to repay this to you. In all cases your deposit will be non-refundable.

Cancellation by You due to Force Majeure

You have the right to cancel your confirmed arrangements before the departure date without paying the above cancellation charges in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the arrangements or significantly affecting transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please see clause 8 for more information on Force Majeure.

4. Changes and cancellations by us

Occasionally we have to make changes or amend the event or any part of it both before and after bookings have been confirmed. We may also have to cancel confirmed bookings due to factors outside our control, for safety reasons if we or our supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome or if the minimum number of bookings required for a particular holiday have not been received. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. We will notify you of cancellation at the earliest opportunity and, in the case of group arrangements which depend on a minimum number of bookings (which is not achieved), at least 30 days before departure.

Most changes will be minor (in which case the change will not entitle you to a refund or to change your holiday and no compensation will be due) but occasionally we may have to make a significant change. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes include (i) a change in your flight departure time by more than 12 hours (ii) a change of your departure or arrival airport to one that is significantly more inconvenient to you (iii) a change in your destination locality or (iv) a change of accommodation to that of a lower standard.

If we have to make a significant change we will inform you as soon as reasonably possible. If there is time to do so before departure we will offer you the choice of one of the following options:

(i) accepting the changes (for significant changes) or (ii) purchasing an alternative holiday from us, of a similar standard to that originally booked or (iii) cancelling or accepting the cancellation and receiving a full refund of all monies due.

If the alternative holiday is cheaper than the original one, we will refund the price difference, and if it is more expensive you will be charged for the difference.

If we have to make a significant change or cancel we will, where compensation is appropriate, pay you reasonable compensation, with a minimum of £100 but no more than £500 per booking, depending on the circumstances and when the significant change or cancellation is notified to you, subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where:

(a) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (b) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above) or (c) where your booking is cancelled or a significant change made (which you accept) prior to or at the time of confirmation, as set out in clause 1b.

No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Terms and Conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except as specified in clause 15 “Flights”), type of aircraft (if advised) or destination airport will all be treated as minor changes.

Save as above we shall be under no further liability to you for cancellation of the event or any part of it.

Very rarely, we may be forced by “force majeure” (see clause 8) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. Please also see clause 16 “Late Arrivals, Delay and Denied Boarding Regulations”.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will, if possible, make suitable alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

5. Prices

All prices published in our holiday proposals, marketing material and our website are for guidance only and are based on exchange rates in effect on the publication date. Although every effort is taken to ensure prices are accurate at the time of publication we cannot guarantee these prices. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

We reserve the right to alter or correct errors in any quoted or published prices at any time prior to a contract between us coming into existence.

Once the price of your chosen holiday has been confirmed on your confirmation invoice then subject to the correction of errors, we will only increase or decrease the price in the following circumstances.

Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as accommodation, fuel surcharges, landing taxes or embarkation or disembarkation fees at ports or airports which have been used to calculate the cost of your holiday.

Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment or late booking fees) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment or late booking fees), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment or late booking fees) or alternatively purchase another holiday from us as referred to in clause 4 “Changes and Cancellations by us”.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (ii) or (iii) as set out in clause 4. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We promise not to levy a surcharge within 30 days of departure. No refund will be payable during this period either.

In accordance with Air Navigation Orders, an infant must be under 2 years of age on the date of their return flight to qualify for infant status. If it becomes a legal requirement for infants to have separate airline seats, we will have to pass the cost of this onto any guest travelling with an infant.

6. Insurance

It is a condition of booking that you have or arrange adequate insurance cover for personal liability, medical and holiday cancellation to be valid from the date when the contract between us comes into existence until the holiday is completed. When obtaining travel insurance you must ensure that the insurer is aware of the type and destination of travel and any activities which you plan to undertake that may be considered high risk such as skiing, snowmobiling, husky safaris, snow activities, travel by light aircraft, safaris, mountain trekking and so on. Please ensure that you are fully covered, in particular with regard to the maximum cancellation amount, and that you provide details of your insurer and policy number for our records. We may need to refer to this if you are involved in an accident. If you do not arrange the aforementioned cover, Luxury Moments may, if it chooses, refuse your booking or cancel your holiday, In any event, Luxury Moments will not be held responsible for any expenses, loss or damage you incur as a result of your failure to comply with this clause or the requirements of your travel insurance policy. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

7. Visas, passports & health requirements

It is the lead name’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. You must pay all costs incurred in obtaining such documentation. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or otherwise comply with any passport, visa, immigration requirements or health formalities. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

8. Force majeure

Except where otherwise expressly stated in these Terms and Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Terms and Conditions “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include political disputes, acts of war, threat of war, riots, terrorist activity (actual or threatened), border closures, industrial action (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural disasters, fire or explosion, inclement weather and acts of God and all similar events outside our or our suppliers’ control. Advice from the UK Government Foreign & Commonwealth Office to avoid or leave a particular country may constitute force majeure.

9. Supplier´s conditions

Independent suppliers provide most accommodation, services and transport. All bookings are subject to the third party conditions and regulations of these carriers/ transport proprietors/accommodation providers and service suppliers. These conditions may limit or exclude liability to you and may be subject to provisions of international conventions – copies are available from us on request. Many third party suppliers require a waiver of responsibility to be signed, which may limit some of your rights vis a vis those suppliers.

10. Our Liability

• (a) For Tailormade Holidays, our obligations are to source your holiday arrangements and put together an itinerary which is suitable as per your indications. We will then forward your payments on to the relevant suppliers to confirm your booking. The actual provision of your holiday arrangements shall at all times and for all elements be performed by third party suppliers, on whose behalf we act as agent. For Operated Holidays, we shall be responsible for the provision of those elements of your holiday which are operated by Luxury Moments (i.e. our properties). The other elements of your Operated Holiday, such as transport, excursions etc, will be performed by third party suppliers.

(b) Notwithstanding (a) above, for both Operated Holidays and Tailormade Holidays, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below. Subject to these Terms & Conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

• We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (i) the act(s) and/or omission(s) of the person(s)affected or any member(s) of their party or (ii) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or (iii) unavoidable and extraordinary circumstances or force majeure as defined in clause 8 above.
• Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
• As set out in these Terms and Conditions, we limit the maximum amount we may have to pay you for any claims you may make against us:

(i) loss of and/or damage to any luggage or personal possessions (including money): the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind. (ii) Claims not falling under (i) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking (iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

• The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
• In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
• When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
• Where applicable, 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 airline/transport provider or other supplier in relation to the claim that gives rise to that compensation payment.

• Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (i) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (ii) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
• You must provide our insurers and ourselves with all assistance we may reasonably require. You must also tell us and the supplier concerned, about your claim or complaint, as set out in clause 18 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us, if our insurers or us want to enforce any rights that are transferred.

11. Holiday proposal accuracy

All reasonable care has been taken to ensure that the descriptions, facts or opinions in our holiday proposal and itineraries are accurate at the time of designing. Opinions expressed are personal to the authors and photographs only relate to a specific destination when specifically captioned. The layout and furnishing of rooms shown in photographs may change. During the lifespan of our travel proposals, advertised facilities, services, schedules, and laws and suppliers’ programmes may also change. Errors may also occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. We cannot accept responsibility for any descriptions, facts or opinions published in any third party or suppliers’ brochures or promotional material.

12. Behaviour & damage

• When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

• The type of travel, which we offer, requires flexibility and must allow for alternatives. The outline itinerary as given for each holiday must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on the part of Luxury Moments. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events which may include sickness, mechanical breakdown, flight cancellations, strikes, events emanating from political disputes entry or border difficulties, climate and other unpredictable or unforeseeable circumstances.

13. Acceptance of risk (by you)

You acknowledge that the nature of travel is adventurous and that as such some holidays may involve a significant amount of inherent personal risk. These include injury, disease, loss or damage to property, inconvenience and discomfort. Some activities incidental to the holiday may carry inherent risks and if you wish to participate you may be requested to sign an additional waiver form by the local supplier. It is your responsibility to ensure that you are physically fit enough to participate, that you have adequate protective clothing and safety equipment and take sensible precautions for your own safety and for the safety of any children for whom you are responsible.

14. Overseas standards, expectations & safety

Please note it is the requirements and standards of the country in which any services, that make up your holiday are provided, which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. The infrastructure standards in certain overseas countries are often quite different from those accepted as the “norm” in the UK. This can include levels of service and the reliability of transport, food, accommodation, communications, power and water supplies to name but a few. In addition you must take reasonable precautions for your own safety whilst on holiday. For example, you are advised not to walk alone at night in unlit areas and not to display jewellery or valuables.

15. Flights

• It is a requirement of some airlines that all onward and return flights are reconfirmed at least 72 hours before departure. Therefore it is essential that you contact the appropriate airline or our representatives on arrival to reconfirm your flights. Remember to check current timings as they are subject to change and we recommend that, where possible, guests check in on-line 24 hours prior to departure.
• Many airlines, airports and governments levy a variety of taxes and surcharges including but not limited to departure, arrival, noise, environmental, fuel and security taxes or surcharges, which are often payable locally unless specifically shown on your tickets as being prepaid.
• If you fail to utilise the inbound portion of your flight ticket the outbound portion will automatically be cancelled.
• 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 who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm

In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of confirmation. Where we are only able to inform you of the likely carrier(s) at the time of confirmation, we shall inform you of the identity of the actual 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.

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 clause 4 “Changes and cancellation by us” will apply.

• We are not always in a position at the time of booking to confirm the flight timings that will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.

Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. 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 dispatched – we will contact you as soon as possible if this occurs. Please note also your responsibility under 15(a) above.

Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.

16. Late arrivals, delay & denied boarding

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be published at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa. co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).

17. Accommodation

If your booking includes accommodation, the named accommodation will remain confidential to Luxury Moments and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier. The accommodation provided is only for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited.

18. Claims & complaints

In the event that you have cause for complaint whilst on holiday you must immediately bring it to the attention of the management of the accommodation or relevant supplier, obtaining written confirmation from them of the complaint so that we will have the opportunity to correct the matter during the holiday. If your complaint is not resolved locally then please contact Luxury Moments head office.

If you fail to follow the complaints procedure in this clause you deprive us and our suppliers of the chance to investigate your complaint and to do our best to rectify it.

If we/the supplier is unable to resolve matters whilst you are on holiday and you remain dissatisfied you must write to us within 28 days of your return with full details. Please quote your booking reference on all correspondence. If you fail to follow this simple complaints procedure, your right to claim any compensation may be affected or even lost as a result.

If you remain unhappy, you can choose to use the European Commission Online Dispute (ODR) Resolution platform, which can be accessed at http://ec.europa.eu/consumers/odr/, as a means of alternative dispute resolution.

19. Consumer protection

We provide financial security for flight-inclusive packages holidays by way of Air Travel Organiser’s Licence (ATOL) issued by the Civil Aviation Authority (CAA) under ATOL number ###. The air inclusive holidays and flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK.

When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements 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. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme.

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 (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 you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

For holidays that are not ATOL protected, for example if no flights have been provided by us or the holiday is not sold within the UK, then financial protection is offered through the Association of Bonded Travel Organisers Trust Limited (ABTOT). Luxury Moments has provided a bond to ABTOT to meet the requirements of the Package Travel and Linked Travel Arrangements Regulations 2018. ABTOT provides financial protection under the Package Travel and Linked Travel Arrangements Regulations 2018 for Luxury Moments, and in the event of their insolvency, protection is provided for the following:

• non-flight packages commencing in and returning to the UK;
• non-flight packages commencing and returning to a country other than the UK; and
• flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK and Republic of Ireland.

1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK and Republic of Ireland are only protected by ABTOT when purchased directly with Luxury Moments.

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ ukdsi/2018/9780111168479/contents

20. Law & jurisdiction

This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.

21. Personal information & privacy

Your personal information and that of your party is important to us. We process all personal information in accordance with the General Data Protection Regulation (GDPR). Should you have any questions about how we handle your personal information and that of your party, please refer to our privacy policy which can be found on our website. Should you wish to stop hearing from us, by email or by any other means, please email us at info@theluxurymoments.com detailing how you wish us to use and store your personal information.

We are now required to collect Advance Passenger Information (API) for passengers prior to travel to many destinations. This information is required for immigration control and to aid aviation safety and security, and as such we require full passport details, passenger names, dates of birth and nationalities to pass onto the relevant airlines. In addition please note that we are required to pass on your mobile and email details to many airlines in case they need to contact you prior to travel. This information will not be retained by the airlines after your travel has been completed and will be used solely in the course of conducting your travel arrangements. We will not be held responsible if you fail to provide or comply with relevant API requirements.

CHANGES TO THESE TERMS AND CONDITIONS

T We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.