Air Partner Travel Management Company Limited

Transcription

1 Air Partner Travel Management Company Limited Parties: Travel Consultancy Services term and conditions (Including Booking Conditions) (1) Supplier - Air Partner Travel Management Company Limited 2 City Place Beehive Ring Road Gatwick West Sussex RH6 0PA England (registered in England under number ) (2) Client - [ ] of [ ] being the company, firm or person named for whom the Supplier has agreed to provide travel booking and consultancy services in respect of the Client s individual travel requirements. 1. Background 1.1 The Supplier provides the Client with ad hoc corporate travel agent services for its corporate and individual clients. 1.2 This Agreement sets out the travel arrangements to be made on behalf of the Client for himself/herself and the terms and conditions on which such arrangements and services are to be provided. 2. Travel Arrangements for authorisation 2.1 The Client has requested that the Supplier make the following travel arrangements: as per the confirmation The Price stated is not guaranteed against fuel surcharges or increases in insurance charges, security charges or any other duties, taxes, fees, charges and airline surcharges or otherwise adjusted in accordance with the travel service company s conditions of carriage/booking conditions. The Client will be additionally responsible for any increases to the Price resulting from any of these items, Additional Charges - 4% Diners Credit / Debit card charges 2.5% American Express 2% Visa (personal) and MasterCard 2.6% Corporate Visa card 2.2 The Supplier has also agreed to provide certain ancillary travel management services, as set out in part 1 of the Schedule. 2.3 All travel products and prices referred to above are subject to availability and may be withdrawn or varied by the relevant travel service provider without notice. All prices are subject to final confirmation from the relevant travel service company. Further information on each travel service company s pricing policy can be found in their booking conditions. 2.4 The Client is now required to approve or decline the above travel requirements and the Price and additional charges. Upon the Client approving the travel requirements, the remaining provisions of this Agreement will come into place. The Client authorises the travel requirements by confirmation on an individual trip basis.

2 2.5 Please note that, unless otherwise agreed in writing by the Supplier, in ALL cases each Traveller much be 18 years or over at the date of this Agreement. 3. Booking arrangements 3.1 Once this Agreement has been agreed, which confirms the Client s approval of the Travel Arrangements set out in paragraph 2.1 above, the Supplier will proceed to confirm such travel arrangements and make the necessary bookings with the relevant travel service companies. 3.2 Bookings made are subject to the provisions of this Agreement. 3.3 The Supplier acts as a travel agent only. The Supplier s obligation is to make travel bookings on the Clients behalf and to arrange relevant contracts between the Client and travel service companies. The Supplier has no responsibility for these services nor does the Supplier make or give any warranty or representation regarding their standard. All bookings are made subject to the terms and conditions and limitations of liability imposed by these travel service companies. Copies are available on request. The Client s legal recourse is against the specific travel service company and not the Supplier. If for any reason, any travel service company is unable to provide the services for which the Client has contracted, the remedy lies against such company and not with the Supplier. 3.4 Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. All travel documents are non transferable. All airline tickets must be issued in the name of the passport/photo identity holder, some carriers will deny carriage if the name varies and the booking may be cancelled. 3.5 All flight timings are provisional and subject to change. However the Client will be advised in advance of any major change as per the travel service company s booking conditions. On occasions the travel service company may find it necessary to alter the travel arrangements made. The travel service company s booking conditions will set out guidelines on this. 3.6 The travel arrangements booked may be subject to variation and other costs and charges prior to departure, for which the Client will be additionally responsible. 3.7 E-tickets will be utilised at all times where available. In all other instances, 1st class post will be used to send all documentation. The Client will be responsible for all the charges incurred where any other mode of despatch is used. 4. Client responsibilities 4.1 To ensure that the personal information provided for a booking is complete and accurate and that the Data Protection Act 1998 is complied with as regards the collection and disclosure of such personal data (including sensitive personal data, as defined under the Act). This includes ensuring the correct spelling of names, title, age, passport and visa information as well as any health or dietary information. 4.2 The Client must provide the Supplier with the following minimum information: a) full name, date of birth, nationality, gender and place of birth b) passport number, country which issued passport, passport expiry date

3 c) for all non-usa residents travelling on international flights into or out or the USA, an emergency contact name and telephone number and destination address in the USA d) Alien Registration Number (Green Card) details for those who have US residency and e) address and mobile telephone number. 4.2 To arrange or to ensure that travel insurance is in place in respect of his/her travel arrangements the subject of this Agreement. Clients should travel with adequate insurance cover. Such insurance will ensure that they are covered against unforeseen cancellation charges, medical costs incurred whilst away from home, personal liability claims, loss of money etc. Please make the Supplier aware of any pre-existing medical conditions as soon as possible. Existing medical conditions and fitness to travel must be declared prior to the bookings being made in respect of the travel arrangements otherwise insurance could be rendered null and void. 4.3 To check the relevant entry requirements for the country or countries the Client is visiting and to ensure that the Client holds a valid passports, visas, re-entry permits and other required documentation which meet the requirements of relevant immigration and other government authorities. Please ensure that the Client will have enough time to obtain the necessary visas. Neither the Supplier nor the relevant travel service companies accept any responsibility if a Client is unable to travel because of failure to comply with any passport, visa or immigration requirements. The Supplier, can on request from the Client, put the Client in touch with an organisation to assist with visa or immigration requirements. 4.4 To ensure that the Client is aware of any health requirements for their travel destinations, to arrange for required vaccinations and to ensure that such persons carry all necessary vaccination documentation. 4.5 To pay the Price and charges in accordance with the Payment Plan set out in paragraph 2.1 above. The Supplier is not responsible for any loss or liability suffered by the Client as a result of late payment being made, which may result in reserved seats or travel arrangements becoming unavailable. 5. Variation of Booking, name changes and cancellation 5.1 Should the Client find it necessary to cancel or amend all or part of a Booking, please contact your Air Partner travel consultant immediately. The Supplier will require written confirmation of the cancellation/amendment by the lead name on the booking by return. 5.2 Cancellation/amendment charges will apply, these charges will increase the nearer to departure the cancellation/amendment is made and can be as high as 100%. The scale of cancellation/amendment charges to be applied will be outlined in the travel service company s booking conditions. The charges will be confirmed on receipt of the Client s written instruction to cancel or amend the Booking. 5.3 Set out in Part 2 of the Schedule to this Agreement are the terms of cancellation and variation that apply to the travel arrangements the subject of this Agreement. Such terms form part of this Agreement.

4 5.4 Refunds are subject to the Supplier s receipt of funds from the relevant travel service provider. In no event are credit card charges refunded. 6. Charges 6.1 Subject to any special terms agreed, the Client shall pay the charges set out in this Agreement and any additional sums which are agreed between the Supplier and the Client for the provision of travel management services or which, in the Supplier s sole discretion, are required as a result of the Client s instructions or lack of instructions, the inaccuracy of any information or material provided by the Client to the Supplier (or relevant travel service company) or any other cause attributable to the Client. Special terms (if any) are set out in Part 3 of the Schedule and form part of this Agreement and shall take precedence in the event of a conflict with the other provisions of this Agreement. 6.2 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 3% above the base rate from time to time of The Bank of England from the due date until the outstanding amount is paid in full. 7. Warranties and Liability 7.1 Except in respect of death or personal injury caused by the Supplier s negligence, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the travel management services by the Supplier and bookings made on behalf of the Client or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the charges set out in this Agreement. 7.2 The Supplier does not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom it has no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. 7.3 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from: incorrect information in either paragraph 2.1 or as provided to the Supplier by the Client any information or instruction of the Supplier which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client. 7.4 The Supplier does not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise of any travel service company or their products or services. 7.5 The Supplier shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform the

5 Suppliers obligations under this Agreement, if the delay or failure was due to any cause beyond the Supplier s reasonable control. 7.6 The Client agrees to indemnify the Supplier and its officers, employees and agents against all losses, costs, damages, claims and expenses arising from: any breach of this Agreement by the Client any act or omission by the Client or the Clients officer s, employees or agents or any claim, action, demand or proceeding by a third party against the Supplier caused or contributed to by the Client or the Clients officer s, employees or agents. 8. Data Protection and Privacy 8.1 The provisions of the Supplier s Privacy Policy (a copy of which is available on request) forms part of this Agreement. 9. General 9.1 This Agreement constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing (excluding ) between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. 9.2 A notice required or permitted to be given by either party to the other under this Agreement shall be in writing (excluding ) addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 9.3 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. 9.4 If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected. 9.5 English law shall apply to this Agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts.

6 Part 1 Ancillary Travel Management Services Part 2 Terms of Cancellation and Variation for travel arrangements made Part 3 Special Terms

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