Terms and Conditions
These terms and conditions are applied to everyone using this
web site.
Guardsnow Limited is a limited company registered under company number 01800306
in England and Wales and whose registered office is situated at 7 Fidlas Road,
Llanishen, Cardiff, South Glamorgan, Wales CF14 0LW and in these terms and
conditions here in after called The Company, We, Us, Ours.
The Company operates under two trading names being Web Travel
Services and Three Arches Travel.
The Company is an ABTA (Association of British Travel Agents)
bonded company under membership number 16850.
The Company runs, operates and manages several web sites. The
web site on which these terms and conditions are displayed is
one of those web sites. The web site which You are browsing and
on which these terms and conditions are displayed is herein after
called The Web Site. That term ‘The Web Site’ will
include any pages and other web sites operated, managed or run
by The Company and linked to The Web Site.
You are a visitor user customer or browser of the web site either
in person of when some other party is acting as your agent and
here in after in these terms and conditions called You, Your,
Customer or Consumer. These words shall also include the wider
meaning of Consumer under The Package Travel, Package Holidays
and Package Tours regulations 1992 to include any other party
who may be a beneficiary of the service.
Any action involving using, visiting or browsing or accessing
any information on The Web Site will be taken as Your consent
to be subject to these terms and conditions and all visiting,
usage, browsing of The Web site or accessing information from
The Web Site shall be conditional upon Your acceptance of these
terms and conditions.
How you may contact us.
If you wish to contact Us then You will find contact details on the ‘contact
us page’. If those are not sufficient for Your needs then please note
the following.
Our business and head office address is Guardsnow Limited, 7
Fidlas Road, Llanishen, Cardiff, South Glamorgan, Wales CF14
0LW.
Our enquiries e-mail address is sales@webtravelservices.co.uk.
Our telephone number is 0845 3440342.
Our usual hours of business are Monday to Friday 9.15am to 5.15pm
Saturdays 9.15am to 4.15pm.
We are members of ABTA.
We are subject to the ABTA code of conduct. You can visit ABTA’s web
site on www.abta.com. Being a member of ABTA means that You have the added
protection offered under the ABTA scheme which deals with code of conduct,
financial protection and independent arbitration.
Guardsnow Limited is a Member of ABTA with membership number
16850. ABTA and ABTA Members help holidaymakers to get the most
from their travel and assist them when things do not go according
to plan. We are obliged to maintain a high standard of service
to You by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and
the arbitration scheme available to You if You have a complaint,
contact ABTA, 68-71 Newman Street London W1T 3AH Tel: 020 7637
2444 or www.abta.com
Not every one is a member of ABTA.
The above applies only to services supplied by Guardsnow Limited and does not
apply to services featured on The Web Site that are provided by any other
company who may or may not be an ABTA member. Where We link to another web
site operated by a third party We are not responsible for the content of
those linked web sites and You are also warned that the owner or operator
of that web site may not be an ABTA member. You should read the terms and
conditions of that web site carefully.
The Package Travel, Package Holidays and Package Tours Regulations
1992.
Generally the package travel, package holidays and package tours regulations
1992 apply to packages holidays sold in the UK. In this agreement We call them
the Regulations.
Under the Regulations a ‘Package is defined as, 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,
Under the Regulations the ‘Organiser’ is defined
as the person who, otherwise than occasionally, Organises Packages
and sells or offers them for sale, whether directly or through
a retailer.
We are not an Organisers of Packages and nor do We intend to
act as Organisers of Packages as defined under the Packaged Travel,
Package Holidays and Package Tours Regulations 1992.
We do however display details regarding ‘Packages’ put
together by Organisers on The Web Site. In some cases We act
as agent for selected operators and Organisers.
Under the Regulations the ‘Consumer’ is defined
as the person who takes or agrees to take the package ("the
principal contractor") and elsewhere in the Regulations "Consumer" means,
as the context requires, the principal contractor, any person
on whose behalf the principal contractor agrees to purchase the
package ("the other beneficiaries") or any person to
whom the principal contractor or any of the other beneficiaries
transfers the package ("the transferee"). If You ask
us to purchase a Package on Your behalf then You will become
a Consumer under the regulations.
Under the Regulations the Contract refers to the agreement linking
the Consumer to the Organiser or as the case may be and agreement
with the retailer.
Our terms and conditions.
Some legal entities do act as organisers under the regulations and put together
several components into packages. We are not one of those legal entities.
Some legal entities provide only single service components which
may include examples such as accommodation, transport or some
other ancillary tourist service. We are not one of those legal
entities.
When You book a package or a component through Us then We act
as agent only and You will be purchasing that package or component
based on the booking conditions imposed by the principal offering
that package or component.
We act as agent in arranging any bookings on Your behalf. We
do not act as principal to any booking contract. Your booking
contract is directly with the principal providing the service
and will be subject to the terms and conditions imposed by that
principal.
By signing a Booking Authorisation Form You agree that We act
only as agent and that You are familiar with the terms and conditions
imposed by the tour operator, organiser, packager or ATOL holder
and You duly accept those terms or authorise Us to accept those
terms on Your behalf.
Warnings.
We try to keep the Web Site informative, relevant and up to date however the
world changes quickly. Everything mentioned on the Web Site is subject to
availability. If there is anything that You wish to rely on when making any
booking then please check that detail, information or item is still correct
at the time of booking.
Where We refer to prices these are indications only subject
to availability and We try to keep these up to date. Where We
promote/display holiday offers We try to keep these up to date.
For correct prices supplement charges extra costs and total price
You should check the details shown on Your booking form. Please
note that any price shown on the Booking Authorisation Form is
the price You will need to pay Us. Please note that there may
be additional surcharges such as those relating to transportation
costs, including the cost of fuel, duties, taxes or fees chargeable
for services such as landing taxes or embarkation or disembarkation
fees at ports and airports; and currency in relation to exchange
rate variations (this is not an exclusive list).
We will tell You about possible surcharges however You are warned
that these surcharges can change and are outside of Our control.
Not all surcharges may be known at the time of booking.
The tour operator, organiser or packager may allow for changes
in price during the time between Your booking and the departure
date. The Regulations contain certain rules over these changes.
Where We are advised of any alterations then We shall advise
You without undue delay and We shall act as intermediaries between
You as clients and the principals in any subsequent negotiations.
Please note that for certain journeys there are compulsory or
advisable health precautions and vaccinations to be taken first.
These will be advised to You, as far as they are known before
the booking contract is signed. Any health advice is given as
general advice and You are advised to consult Your doctor who
may decide that You require to take additional precautions or
that certain precautions or journeys are not suitable for You.
It is Your responsibility to see that You are fit enough to undertake
Any journey or booking.
Please note that there may be certain visa, passport, entry
and travel requirements for certain journeys. These will be advised
to You as far as they are known before You sign the booking form.
This advice is based on You holding a British passport. If that
is not the case then You may need to make additional enquires.
It is Your responsibility to make certain that You have the correct
passport and visa documents in order to make any journey.
The Foreign and Commonwealth Office provide certain information
to travellers which You are advised to make Yourself aware of.
Their web site is www.fco.gov.uk.This site presents details about
Visas and health issues.
We would always strongly suggest that any person travelling
should consider their insurance needs especially when travelling
overseas.
Credit card charges.
If you are paying by credit card then we reserve the right to make an extra
charge to cover the cost imposed on us by the credit card companies. This
will be explained to You at the time of booking.
Cancellation.
If you wish to cancel a booking then You need to tell Us so that We can cancel
the booking on Your behalf. We only accept cancellation instructions in writing
for both Your and Our protection. We recommend You send a cancellation instruction
by recorded delivery to make certain that it arrives. We can not action a
cancellation request until We have received the written instructions to do
so. We do not accept cancellation instructions over the telephone but You
can always telephone Us to find out if We have received the cancellation
letter.
Payment.
When we take Your booking We will request either a deposit payment or the whole
payment. This can vary with the type of booking and how close the travel
or holiday departure date is.
If a deposit it paid then the balance must be paid in accordance
with the booking conditions set out by the Principal. We will
remind You when the balance is due and will remind You again
if the balance is not received by the due date. You will risk
the principal cancelling the package or component if You do not
pay the balance by the due date.
If We have reminded You as described above and You still fail
to pay the balance within seven days of the last reminder then
We reserve the right and You unconditionally give us the right
to cancel any booking arrangements affected by that failure to
pay the balance on the due date. All deposits and assurances
connected with that booking arrangement will be forfeited and
You will still retain any liability at Your cost for balances
due to the principal and claimed by the principal whether such
balance shall relate to the whole balance charge or a charge
imposed by the principal because of the cancellation of the booking.
Privacy and Data Protection Statement
In order to process Your booking and to ensure that Your travel arrangements
run smoothly and meet Your requirements We need to use the information You
provide (such as name, address, any special needs/dietary requirements etc).
We take full responsibility for ensuring that proper security
measures are in place to protect Your information when it is
held by Us.
We must pass the information on to the relevant suppliers of
Your travel arrangements such as airlines, hotels, transport
companies etc. The information may also be provided to public
authorities such as customs and immigration if required by them,
or as required by law.
Additionally, where your holiday is outside the European Economic
Area (EEA), controls on data protection in Your destination may
not be as strong as the legal requirements in this country. We
will not however pass any sensitive information onto any person
not responsible for part of Your travel arrangements. This applies
to any sensitive information that You give to us such as details
of any disabilities, or dietary or religious requirements.
If We cannot pass this information to the relevant suppliers,
whether in the EEA or not, We cannot provide Your booking. In
making this booking, You consent to this information being passed
on to the relevant persons.
Once Your information is passed on to the supplier of Your travel
arrangements (such as Your tour operator) the use of the information
will be subject to their own data protection policy. You may
find copies of this policy in the tour operators brochure or
You may request it from Us.
You have the right to see personal data (as defined under the
Data Protection Act) that We keep about you upon receipt of a
written request and payment of a fee of £10. Any request
should be sent to: The Data Controller, 7 Fidlas Rd Llanishen
Cardiff, CF14 0L).
Web site availability.
This web site where it displays information is provided as an
information society service where You are the recipient who has
requested the service or You are requesting the service on behalf
of another.
Where We display information We do not warrant the accuracy or validity of
such information. We display such information as it is given to Us without
question validation or amendment however We will not display information We
know to be inaccurate or incorrect or misleading. We accept no liability or
responsibility for the information We display provided that We have displayed
such information as it was provided to Us or as a reasonably correct précis
of such information provided and that We do not knowingly display misleading
incorrect or inaccurate information.
It is agreed between the parties that We have no liability if
Our web site in whole or in part is not operable or if it is
down for any reason whether caused by our negligence or not.
Where You request the service on behalf of another then by requesting
such service You confirm that You have full authority to provide
information on behalf of that other person or legal entity, to
warrant that such information is true and correct and You have
full authority to commit that person or legal entity to any contract
or agreement entered into on this web site. Where You request
that service on Your own behalf then by requesting such service
You confirm that any information You provide is true and correct
and You have full authority to enter into any contract You enter
into on this web site.
Where You provide Us with an address telephone number facsimile
number or e-mail address then You warrant that such method of
communication is suitable for Us to Use and You warrant that
method of communication can be used for personal and or sensitive
information and or for communication purposes connected with
any contract or service.
This web site and any information contained on it have been
provided for Customers who are travelling from the United Kingdom
and are assumed to be British residents with British Passports.
The information and services provided by on or through this web
site may not be suitable or may change for those outside of the
United Kingdom or who are not British residents or do not hold
a British passport.
You agree that Your use of this web site does not confer to
You any rights in relation to copyright, trademarks, or the commercial
use, of the content of this web site.
You agree and acknowledge that all copyrights, trademarks, intellectual
property rights, design rights, patents, know how, trade and
business names in this web site belong to, and are vested in
The Company or are used by Us under licence or agreement.
All intellectual property rights that may exist now or in the
future in respect of anything contained in or through or via
this web site remain the in intellectual property of The Company
or of persons or legal entities from whom The Company has a license
or an agreement to use/display such intellectual property. No
license agreement or authority is passed to You in respect of
such intellectual property. However You are allowed to keep one
copy of any thing contained or down loaded from this web site
on Your computer for You own personal use and You are allowed
to print up to one copy of anything contained on this web site
for Your own personal use.
Where We collect information about You for submission to third
party service providers, You agree and confirm by providing such
information, that you have any such authority and rights required
to allow Us to use such information in the way described in our
privacy policy.
You agree not to use this site for any illegal purpose or to
use this site to carry on any business or commercial operation.
You agree that We have the right to monitor and record how you
use your Internet connection to this site. You acknowledge that
this can include the use of cookies.
We may also use cookies in order to make it easier for You to
use The Web Site or revisit The Web Site.
We reserve the right to change, amend, suspend, interrupt, terminate,
alter or adjust the service We offer through this web site without
prior notification or warning.
You agree that You will not hold Us liable for any change amendment,
suspension, interruption, termination, alteration, or adjustment
to the web site or the service they offer through this web site.
You agree that We shall not be liable for any reduction or failure
in the service that is outside of Our reasonable control or results
from an unforeseen contingency.
Liability limitation.
We do not act as principal in the supply of a package or as principal in the
supply of any component. We exclude all and any liability to the greatest
extent allowed by law in connection with the provision of a package or a
component related to a booking.
However the exclusion above shall not apply in respect of any
act error or omission directly attributable to The Company where
such act error or omission directly results in loss of or damage
suffered by a Consumer or Customer. The total amount of The Company’s
liability as accepted by this paragraph shall be limited to the
amount of payment received from the customer or consumer in respect
of the booking.
By accepting these terms and conditions You agree that We do
not act as principals and that all tickets vouchers and coupons
are issued by Us in our capacity as retail agents for the principals
and or ATOL holders and on the express condition that We are
not liable to any passenger for loss damage delay injury cancellation
or any additional expense suffered by any traveller whatsoever
for any cause beyond Our control.
Legal contract and law clause
These terms and conditions are subject to English law and jurisdiction of the
English courts.
Both Parties intend that the terms of these Terms and Conditions
should only be enforceable by the Parties and accordingly these
Terms of Business shall not be enforceable by any other party
by virtue of The Contracts (Rights of Third Parties) Act 1999.
Both Parties agree that these Terms and Conditions shall represent
the whole contract between the Parties and any Consumer unless
otherwise specifically agreed in writing.
Both Parties agree that if one clause or part of these Terms
and Conditions is not enforceable in law then the other parts
will remain in full force and effect.
Version: 11 September 2007.
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