Business Terms

Brilliant Travel Service Ltd.
Booking Conditions and Your Key Rights. Update 17 Sep 2020

These Booking Conditions, together with our privacy policy ( http://www.brillianttravel.co.uk/privacy- policy, and website terms of use (see www.barrheadtravel.co.uk , www.cruisedirect.co.uk, www.the- cruise-specialists.co.uk, www.flightsdirect.com, www.canadatravelspecialist.com
and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Barrhead Travel Service Ltd, a company registered in Scotland under company number 57208, whose registered office address is at 190 - 194 Main Street, Brilliant, Glasgow G78 1SL (“we”, “us” or “our”). Please read this material carefully as it sets out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

We act in the following capacities: (a) as a package organiser in our own right and (b) as an agent on behalf of the supplier of your holiday or linked travel arrangements. Our obligations to you may vary depending upon which arrangements you book with us, and whether we act as package organiser or as an agent. These booking conditions include section A which contain the conditions which will apply to our package bookings, section B which applies to agency bookings and linked travel sales and section C which applies to all bookings.

For all bookings, by making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. (i)  they have read these Booking Conditions, our website terms of use (for online bookings) and any other written information we have brought to their attention before the booking was confirmed, and have the authority to and does agree to be bound by them;

2. (ii)  they have read our privacy policy and consent to our use of information (including personal

data)in accordance with it; and

(iii) they are over 18 years of age, resident in the United Kingdom and, where placing an order for services with age restrictions, declare that they and all members of the party are of the appropriate age to purchase those services.

SECTION A – ‘OUR’ PACKAGE HOLIDAYS

Definition of Package: A package exists if you book a 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.

Where you have booked a Package with us, we will accept responsibility for it in accordance with these Booking Conditions as an “organiser”.

1 Booking and Paying For Your Arrangements

A booking is made with us when: (a) you tell us that you would like to accept our written or verbal quotation; (b) you pay us the deposit we ask for at the time of booking; and (c) we issue you with a booking confirmation following receipt of your deposit. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you

and us as soon as we have issued you with a booking confirmation, which confirms the details of your booking and which will be sent to you or your travel agent.

If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets).

The balance of the cost of your arrangements (including any applicable surcharges) is due on the date specified on your confirmation invoice prior to scheduled departure. If we do not receive this balance 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 5 below will become payable.

2 Pricing

We reserve the right to amend the price of holidays at any time before a booking is made with us and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is also subject to variations in:

1. (i)  transportation costs, including the cost of fuel;

2. (ii)  dues, taxes or fees chargeable for services such as tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

3. (iii)  the exchange rates used to calculate your arrangements.

Such variations could include but are not limited to cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers and would be calculated on the basis of the revised costs charged under our contract with such parties. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your Package, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 8% of the price of your Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another Package if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Other than to correct errors in late bookings, there will be no change made to the price of your confirmed Package within [20] days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less administrative costs incurred by us. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

3 Financial protection

We provide full financial protection for our package holidays.

1. For flight-based holidays this is through our Air Travel Organiser’s Licence number 5346 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone

0333103 6350, email This email address is being protected from spambots. You need JavaScript enabled to view it.. When you buy an ATOL protected flight or flight inclusive holiday 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. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 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.

When you buy a package holiday that doesn’t include a flight, protection is provided by way of Supplier Failure Insurance.

4 Changes by You

If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person (£35.00 per person for our Barrhead Travel Holiday Programme) per change as well as 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. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

This includes our own Barrhead Holidays programme where special conditions apply:

(i)  Changes are permitted more than 4 weeks before departure

(ii) The destination cannot be changed within 4 weeks of departure

(iii) Name changes are permitted up to 72 hours before departure

Please note the administration fee applies to all these changes.

5 If you cancel

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of 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. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges shown below (The cancellation charge detailed is calculated on the basis of the total booking price payable by the person(s) cancelling, excluding insurance premiums and amendment charges as these are not refundable in the event of a cancellation):-

*Bookings that include budget/Low Cost or Schedule Flights and some Cruise Companies and/or Apex train tickets may incur different cancellation charges as a result of the cancellation charges imposed by these suppliers. In that event, our cancellation charges will be increased, if needed, to cover our liability for the additional cancellation charges imposed by these suppliers. Some accommodation providers may also require additional non-refundable deposits, which will not be returned to you upon cancellation and which may make our cancellation charges higher than that shown above in order to cover our liability for the additional cancellation charges imposed by these suppliers. Please enquire at the time of booking.

**Where a low deposit has been paid at the time of cancellation you will be required to pay the remainder of the full deposit.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

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.

If you or any member of your party wishes to do so, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 7 days before departure, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

6 If We change or cancel

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it and may do so up to 48 hours before departure where your trip is for less than 2 days; up to 7 days before departure where your trip is between 2 and 6 days; and up to 20 days before departure where your trip is for more than 6 days. However, [where no minimum number of clients is required under your booking] we will not cancel your travel arrangements less than 60 days before your departure date, except for reasons of force majeure and/or Covid-19 (see Sections C(9) and C(10)).

Most alterations will be minor and while we will do our best to notify you or your travel agent of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:

(i)  Any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type.

(ii)  A change of outward departure time or overall length of your holiday of twelve hours or less.

(iii)  A change of accommodation to another of the same standard or classification.

Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:

(i) A change of hotel accommodation area for the whole or a significant part of your time away.

(ii) A change of hotel accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

(iii) A change of outward departure time or overall length of your arrangements of twelve or more hours.

(iv) A change of UK departure airport, as long as that change is not from one London airport to another London airport ( London airports are Heathrow, Gatwick, Stansted, Luton and London City’), or as long as that change is not from Glasgow to Edinburgh ( including Glasgow Prestwick).

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 travel arrangements of lower, equivalent or superior quality 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 booking arrangements.
If we make a major change or cancel, we will (subject to the exclusions noted below) also pay compensation as detailed below:

Period before departure when a major Compensation payable per full fare paying passenger (for

*A child invoiced at a reduced rate will be paid credit/compensation on a pro rata basis of the adult rate. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

We will not pay you compensation:
(i) in the event 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. When we refer to circumstances beyond our control we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), epidemic, pandemic , other significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, bad weather (actual or threatened), Foreign Office advising against travel to a particular destination and significant building work taking place outside of your accommodation (such as resort development) or the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace;
(ii) if we make a minor change;
(iii) if we cancel as a result of your failure to make full payment on time;
(iv) where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you; or
(v) if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason within the time periods set out in the first paragraph of this section 6.

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable.

Very rarely, we may be forced by "force majeure" (see Section C(9)) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

If you or any of your party have difficulties on your trip, we shall (at no charge to you unless the difficulty has arisen due to you or the other traveller or through your or their negligence) provide appropriate assistance including providing appropriate information on health services, local authorities and consular assistance and assist you with making distance communications and making alternative travel arrangements. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make suitable alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will compensate you for the difference between the services to be supplied under the contract and those supplied. If it is impossible to make these arrangements, or you do not accept them for good reasons, we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place to which you agree and will, if appropriate, compensate you. If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

7 Complaints

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavor to put things right

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our Customer Services department at 85 Oswald Street, Glasgow G1 4PA. We recommend that you send this notice within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.

If you experience illness in resort you should report this to the hotel or the local representative or use the 24-hour telephone number printed on your documentation. You should also consult a local doctor. If, on return to the UK, your symptoms are ongoing, you should make arrangements to visit your local GP. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint. It may also affect your rights under this contract.

Warning: the potential consequences of making fraudulent complaints and claims, include being reported to the Police and facing legal proceedings.

8 Your Behaviour

All guests travelling with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other travellers. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

9 Our Responsibilities:

(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser”. Subject to these booking conditions, if the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to the extent to which our or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.

(2) We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description to the extent 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 our or our supplier(s) control, the consequences of

which could not have been avoided even if all due care had been exercised;

(d) an event which either ourselves or our suppliers could not, even with all due care, have foreseen or forestalled; or

(e) matters arising from or connected with Covid 19 (see Section C 10).

(3) The amount of compensation we may have to pay you if we are found liable under this clause is limited as follows:

(a) Loss of and/or damage to any luggage or personal possessions and 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 required to have adequate insurance in place to cover any losses of this kind.

(b) Claims which do not 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.

(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel

i) 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 by writing to Customer Services, 190-194 Main Street, Barrhead, Glasgow, G78 1SL. 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.

ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 261/2004, 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.

iii) 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.

(4) 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.

(5) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.

(6) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

10 Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

11 Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. 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.

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check www.usembassy.org.uk. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit

www.fco.gov.uk

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

12 Delays, Missed Transport Arrangements and other Travel Information

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 us and the airline or other transport supplier concerned immediately.

In the event that you experience difficulty on the occurrence of circumstances described in clauses 9 (2) (b) (c) or (d) of Section A of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this

prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements.

We cannot accept liability for any delay which is due to any of the reasons set out in Section C(9) 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).

The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.

Please note the existence of a “Community list” (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.

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 publicised 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. If, for any reason, you do not claim against the airline and make a claim for compensation from us, 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 in relation to the claim that gives rise to that compensation payment. 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.

This website / brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.

SECTION B: AGENCY TERMS & CONDITIONS

Where specified, we act only as an agent of the supplier(s) of the travel arrangement(s) in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (the ‘supplier(s)’). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking will be subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier’s terms and conditions may limit and/or exclude the supplier's liability to you. Copies of applicable conditions are available on request from us.

1 Booking and payment

A booking is made with a supplier when: (a) you tell us that you would like to accept our written or verbal quotation; (b) you pay the deposit as required by the supplier of the arrangements in question (or full payment if booking within 12 weeks of departure); (c) you pay all applicable insurance premiums and booking fees; and (d) we send you a booking confirmation on behalf of the supplier. If your confirmed arrangements include a flight, we (or the supplier) will also issue you with an ATOL Certificate.

Please check your confirmation and ATOL Certificate carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.

Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned, with the exception of payment taken for bookings covered by an ATOL (see Section C(2)).

2 Prices

Please note that changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking. We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised prices and prices for confirmed bookings.

3 Changes and cancellations by you

Any cancellation or amendment request must be sent to us in writing, by email, fax or post. Proof of posting is not proof of receipt, therefore you are advised to also confirm all changes to our Customer Services Department by telephone. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements. The supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure).

Most scheduled airlines do not allow changes, and therefore full cancellation charges will usually apply. Most 'no frills' airlines have cancellation charges of 100% from time of booking. Flights on our own European air charter programme allow for changes to be made outside 4 weeks before departure, and name changes up to 72 hours before departure.

4 Changes and cancellations by the Supplier

We will inform you as soon as reasonably possible if the supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier but we will have no further liability to you.

5 Our Service Charges

In certain circumstances we apply a service charge for the services we provide, in addition to any charge levied by the supplier:

Late Booking Fee Supplier’s charge + £10 per booking

Cancellation Supplier’s charge + £35 per booking 6 Our responsibility for your booking

Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

7 Visa, passport and health requirements

Unless you tell us otherwise, we are entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is given on this basis, unless stated otherwise. Requirements may change and you are therefore strongly recommended to check the up to date position with the supplier of the arrangements, Passport Office, appropriate embassy, consulate or your doctor (as applicable) in good time before departure.

8 Complaints

Because the contract for your arrangements is between you and the supplier, any queries or concerns should be addressed to them. If you have a problem whilst on holiday, we recommend that you should report this to the supplier or their agent immediately. If you fail to follow this procedure there will be less opportunity for the supplier to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the supplier. You will see their name and contact details in any confirmation documents we send you. If the matter cannot be resolved and it involves us or another ABTA member then you have the option to use ABTA's ADR Scheme, approved by the Chartered Trading Standards Institute, see www.abta.com. You can also access the European Commission Online Dispute Resolution (ODR) at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.

9 Financial Protection

All the Package holidays we sell come with protection for your money. If you buy a single travel service then this might not apply. Package holidays are protected by the package organiser and we will provide you with their confirmation.

When you buy an ATOL protected flight or flight inclusive holiday 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.

If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday with us, you will NOT benefit from rights applying to packages under the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore, we will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.

However, if you book any additional travel services during the same visit to or contact with us, the travel services will become part of a linked travel arrangement. In that case we have, as required by the Package Travel and Linked Travel Arrangements Regulations 2018, protection in place to refund your payments to us for services not performed because of our insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.

We are a Member of ABTA and we provide protection for your flight based travel services through our Air Travel Operators Licence number 5346.

We have taken out insolvency protection with ABTA. You can contact ABTA – The Travel Association at 30 Park Street, London, SE1 9EQ; This email address is being protected from spambots. You need JavaScript enabled to view it.; 02031170599 and through their website https://abta.com/holiday-help-and-complaints/abta-customer-support ) if services are denied because of our insolvency.

Note: This insolvency protection does not cover contracts with parties other than with us, which can be performed despite our insolvency.

A copy of the Package Travel and Linked Travel Arrangements Regulations 2018 can be found at http://www.legislation.gov.uk/uksi/2018/634/contents/made

10 Documentation & Information

All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier(s) in question are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability.

SECTION C: ALL BOOKINGS

1 Financial Protection

We have described in the terms above how we provide financial security for flight inclusive Packages, and ATOL protected flights we sell under our ATOL (number 5346). As part of these arrangements, we operate a trust account controlled and administered by Professional Trustees to Travel Ltd. You agree that all money that you pay to us for travel arrangements requiring financial protection will be paid into that separate and designated trust account and will be held there on trust for the trustees of the Air Travel Trust (or in some cases for you) in accordance with a trust deed dated 30 March 2014 between us, Professional Trustees to Travel Ltd and the Air Travel Trustees. Money in that account will only be released in accordance with the terms of that deed. This means that in respect of all arrangements requiring

protection, in the event of our insolvency, funds will be available to ensure that you are not left stranded abroad or will receive a refund of the money you have paid for an advance booking.

If you book arrangements other than an ATOL protected flight or Package from this brochure/website, your monies will not be financially protected. Please ask us for further details.

2 Payment generally and for ATOL Bookings

Where any payment is made to us by way of a business credit card we reserve the right to charge an administration fee at a rate which will be notified to you before payment is processed and taken by us.

When you buy a flight-based holiday, all monies you pay to an authorised agent of ours is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a holiday not including a flight, all monies you pay to the agent is held by it on our behalf at all times.

3 ABTA

We are a Member of ABTA, membership number 13759. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved

4 Insurance

Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (eg. pre- existing medical conditions). Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

5 Special requests

If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.

6 Jurisdiction and applicable law

These Booking Conditions and any agreement to which they apply are governed in all respects by Scottish 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 Scotland. You may, however, choose the law and jurisdiction of England and Wales, or Northern Ireland, if you live in one of those countries.

7 Accuracy

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

8 Accommodation Ratings and Standards

All ratings are as provided by the relevant supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.

9 Force Majeure or Circumstances Beyond our Control

Except where we say differently elsewhere in these booking conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your Holiday or Single Component after booking, or we, or our suppliers, cannot supply your Holiday / Single Component, as we, or they, had agreed. When we refer to circumstances beyond our control we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, threat of war, airport closures, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights), epidemic, pandemic , other significant risks to human health such as the outbreak of a serious disease at the travel destination, natural or nuclear disaster, serious security problems such as terrorist activity, civil unrest or events arising out of political instability, industrial dispute or strikes, bad weather (actual or threatened), Foreign Office advising against travel to a particular destination and significant building work taking place outside of your accommodation (such as resort development).

10 Covid-19: Limitation of Liability

We both acknowledge the ongoing Covid-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.

Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

1. if you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time prior to or after your departure, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-

19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time prior to or after your departure; or

2. you fail any tests, checks or other measures imposed by us, a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:

o postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);

o if not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause A4 and B3;

o cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.

If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face- mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

11 Disabilities and Medical Problems

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking

or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

12 Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with them. 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 us or the supplier concerned.

13 Data Protection and Privacy

Please read our data protection and privacy policy (see http://www.brillianttravel.co.uk/privacy-policy for full information regarding the way in which we use and store your personal data).

Information under the Package Travel and Linked Travel Arrangements Regulations 2018 for those to whom we provide package travel services under Section A

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018.

Therefore you will benefit from all EU rights applying to the packages. Brilliant Travel Services Limited will be fully responsible for the proper performance of the package as a whole.

Additionally, as required by law, Brilliant Travel Services Limited has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 for those to whom we provide package travel services under Section A

• Travellers will receive all essential information about the package before concluding the package travel contract.

• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

• Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

• The organiser has to provide assistance if the traveller is in difficulty.

• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. We have taken out insolvency protection with ABTA. You can contact ABTA – The Travel Association at 30 Park Street, London, SE1 9EQ; This email address is being protected from spambots. You need JavaScript enabled to view it.; 02031170599 and through their website https://abta.com/holiday- help-and-complaints/abta-customer-support ) if services are denied because of our insolvency.