APT Leisure Limited Terms and Conditions
We are APT Leisure Ltd. References to "you" and "your" in these booking terms means all persons on the booking (including anyone added or substituted at a later date). "We", "us" and "our" means APT Leisure Ltd.
You must be 18 years old at the time of booking and possess the legal capacity and authority to act and travel as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence.
Special Note: We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed.
In these terms, a ‘package’ means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
- Our agreement
A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation form. Please check all details on the confirmation form (or any other document issued) immediately on receipt; and sign and return a copy of it to us. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t. Please note that a failure to return a signed copy of the confirmation form will not prevent a contract from coming into existence between us as outlined above.
The suppliers whose services make up your arrangements make those supplies in accordance with their own terms and conditions which will also form part of your agreement with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
All prices are inclusive of VAT. The total of your arrangements will be detailed in your Booking Form. Any deposits paid are non-refundable and non-transferable. After you have paid your deposit, the balance must be paid 4-6 weeks before the date of your event. Your deadline date for payment is stipulated on your booking form. If you book arrangements where the date is less than 6 weeks away, the full cost of the event is immediately payable.
You must make payment for your arrangements in accordance with the instructions we give you. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable. Any money paid to an authorised agent of ours is held by that agent on our behalf following confirmation of your arrangements until it is paid to us or refunded to you.
Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form. Payment made by Debit or Credit Card via Secure Trading attract a 2% surcharge. By placing an order, you consent to payment being charged to your prepay/debit/credit/American Express card account or electronic payment account as provided on the order form. Payment will be debited and cleared from your account before the provision of the arrangements to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By accepting these conditions you:
- Undertake that all the details you provide to us are correct and that the payment card you are using is your own or you have authority to use someone else's, and that there are sufficient funds to cover the cost of the arrangements booked.
- Undertake that any and all arrangements booked by you are for your own private or domestic use only and not for resale.
- Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
- We shall contact you should any problems occur with the authorisation of your payment card.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our website.
It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available by contacting the Post Office. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.
- Special requests
Special requests relating to your arrangements must be advised to us at the time of booking and confirmed to us in writing. Whilst we will try meet or arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. Special requests that have been noted on your confirmation form or any other documentation do not amount to a promise to meet that request. A failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
- Disabilities and medical problems
If you or any member of your party has any medical problem or disability which may affect your chosen arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to their suitability for you. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details.
- The price you pay
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements.
The price of your confirmed arrangements is subject at all times to variations in:
(i) Transportation costs, including the cost of fuel; or
(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 used to calculate your arrangements;
Prices may go up and down but there will be no changes made within 30 days of your departure.
If your arrangements are a package, if prices go up, we will only charge you any amount that exceeds 2% of the price of your arrangements, (excluding insurance premiums, amendment charges and/or additional services), plus an administration charge of £1.00 per person and an amount to cover any agents’ commission. If that means that you have to pay an increase of more than 10% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services), we will offer you the options in clause 8. If prices go down as a result of the above factors, and that decrease exceeds 2% of the price of your arrangements, (excluding insurance premiums, amendment charges and/or additional services), we will make a reflective refund, but we will also charge you an administration fee of £1.00 per person and an amount to cover any agents’ commission and this may extinguish the value of the refund due. Also, note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on price due to contractual protections in place.
We will consider a proportionate refund of insurance premiums you have paid if you can show that you are unable to transfer or reuse your policy.
If your Group numbers drop below the number needed to gain any special offers such as to qualify for a free place, then this package may be cancelled by us and re-priced. We will not cancel a booking if it’s within 30 days of the departure date. Instead the additional costs will remain as an outstanding balance on the account, which must be cleared by you within 7 days.
Please note. The free place value is determined as the lowest price of a single person taking the full package. If you have different packages within your group then the lowest value is determined as the free place.
- Changes and cancellations by you
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. As soon as we receive your cancellation we will confirm the cancellation in writing and confirm any outstanding balance if any. Only once you have received this acknowledgement is your party deemed cancelled. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified not less than 28 days before departure and you pay an amendment fee as detailed below and meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Charges in the event of a cancellation
In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):-
If written notice is received 60 days or longer before the event, you will forfeit the deposit paid to us but any additional payments paid within the monthly plan will be refunded to you minus 10% bank/admin charges. Any cancellations received with less than 60 days and more than 35 days before the event, then 50% of the monthly payments paid will be refunded. Any cancellations received with less than 35 days left before the event will not qualify for any refund.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
Charges in the event of a change
In the event we can meet your requested change, we will not make a charge if we are notified more than 35 days prior to departure. But note that amends to the group size may affect other factors such as single room supplements at hotels etc. Otherwise, we will apply any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a charge of up to 100% of that part of the arrangements in addition to the charges above.
Changes and cancellations by us
Pre-departure changes and cancellations
Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them. However, we will not cancel your travel arrangements less than 60 days before you are due to depart, except for reasons of force majeure or if you fail to make payment in accordance with these terms.
Most changes will be minor, and while we will do our best to notify them to you or your travel agent as soon as reasonably possible before your departure, we will have no other liability to you in respect of them.
Examples of “minor changes” made before departure include a change of accommodation to another of the same standard or classification; a change in the timings of your event or the closure of a nightclub or restaurant where we have not been given prior warning of that closure.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” made before departure include the following:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A significant change to your itinerary, missing out one or more event entirely.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for major changes) accepting the changed arrangements,
ii having a refund of all monies paid; or
iii accepting an offer of alternative arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements.
If your arrangements are a package and we make a major change or cancel less than 60 days before departure, we will also pay you reasonable compensation. We will not pay you compensation where:-
i) your arrangements are not a package;
ii) we make a major change or cancel more than 60 days before departure;
iii) we make a major 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;
iv) we cancel your arrangements because the minimum number of participants to run them has not been reached. (We will tell you if we have to cancel for this reason not less than 30 days before departure).
We will not pay you compensation and the above options will not be available where:-
i) we make a minor change;
ii) we cancel as a result of your failure to make payment in accordance with these terms;
iii) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Changes and cancellations after departure
If we become unable to provide a significant proportion of your arrangements after you have departed, we will make alternative arrangement and if your arrangements are a package, and if appropriate in all the circumstances, we will also pay you reasonable compensation but if any such changes or cancellations are caused by "force majeure" (see below), we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any other expenses or losses you may incur as a result of any change or cancellation.
- Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concern’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
If you experience a problem during your holiday, please immediately inform the relevant supplier (e.g. your hotelier) so that they can take steps to put things right. You should also contact us by email@example.com If your complaint remains unresolved and you wish to complain further, please send formal written notice of your complaint to us within 28 days of the end of your arrangements, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement.
- Your behaviour
If in our opinion or in the opinion of any person in authority, your behaviour is causing or is likely to cause distress, danger, damage or annoyance to any third party or property, or to cause a delay or diversion to transportation, we reserve the right to terminate your arrangements immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave your accommodation or other service immediately. We will have no further obligations to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused by your actions directly to the applicable supplier prior to departure from the service. If you fail to do so, you will be responsible for meeting any claims and costs subsequently made against us as a result.
You must adhere to any on-site conditions of use and instructions given – a breach may result in cancellation of all or part of the reservation. In the case of overnight stays and certain events, you may be asked to leave a deposit with the hotels/venues management a valid credit card authority to cover extra costs or breakages attributable to the group, and you may be refused entry to the accommodation/venue if you do not provide this to the authority.
- Our Responsibilities
Our responsibilities differ according to what you have booked:
i) In relation to bookings of ‘packages’
We accept responsibility as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you as set out on your confirmation form, we will pay you reasonable compensation. 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.
ii) In relation to all other bookings
We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers with reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
iii) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(We may however provide you with assistance in the event you experience difficulty arising out of these circumstances if your arrangements amount to a package.)
iv) We will not be responsible or pay you compensation:-
a) for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b) for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
v) Any compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a) whether or not you have followed the complaints procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b) the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c) when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.)
- We limit our responsibility to you in the following situations:-
(a) Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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.
(b) Claims covered by an International Convention
When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions. 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 us for copies of these Conventions.
(c) Claims not falling under (a) or (b) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of all claims not falling under (a) or (b) above and which don’t involve injury, illness or death these claims is twice 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 arrangements.
- Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
- Financial security for packages
The Package Travel, Package Holidays and Package Tours Regulations 1992 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them. We provide this protection for all our ‘packages’ (pre-arranged combinations of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:—(a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package). Financial protection takes the form of a trust account controlled and administered by Travel Trust Services Ltd trading as Serenity Travel Trusts. You agree that all money that you pay to us for a ‘package’ will be paid into a separate and designated trust account and will be held there on trust in accordance with a trust deed dated 2nd March 2016 between Travel Trust Services Ltd and APT Leisure Ltd. This means that in respect of all ‘packages’, in the event of our insolvency, funds will be available to ensure that the suppliers of the elements making up your ‘package’ will be paid so that your package can continue as planned; or alternatively you will receive a refund of the money you have paid to us. If you book arrangements other than a package from us, your monies will not be financially protected. Please ask us for further details.
- Fancy Dress & Party Items
Our venues do and can change their fancy dress policies at any time. We recommend that all our clients contact the venues they are visiting prior to purchasing fancy dress items to gain approval and to avoid disappointment. We cannot be held liable or responsible for venues asking groups to remove their items or not being allowed into a venue for reasons of fancy dress / party items.