TERMS & CONDITIONS
The flights shown on Wyntersunholidays.com are ATOL protected by the Civil Aviation Authority (excluding low cost flights). We act as agents for licensed tour operators. As travel and disclosed retail agents, we act only as Agents for the Principals actually providing the relevant services and with whom your contract will be made. We shall not be liable for any act or default on the part of such a Principal or its agent’s or servants. All holidays shown are subject to availability. When booking the lead passenger must 18 years old at the time of the departure.
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept, and do accept on behalf of your party, the terms of these booking conditions. A contract will exist as soon as the booking is confirmed on our computer system. This contract is made on the terms of these booking conditions, which are governed by English law, and the jurisdiction of the English Courts. Wyntersun Holidays Limited acts at all times as a booking agent or disclosed retail agent on behalf off the supplier(s) involved with your holiday booking. As a booking agent or a disclosed retail agent, the company’s role is to ensure that all travel components/services booked correspond with what has been agreed with you at the time of the booking. In the case of those components/services deviating from what has been agreed due to the supplier(s) inability to honour the contract, the Wyntersun Holidays Limited will open a communication dialogue between the relevant supplier(s) and the customer and will not be liable for any compensation claims. In this context, Wyntersun Holidays Limited cannot be held responsible for any changes imposed by the suppliers nor can be considered liable for any omissions/mistakes, unless the latter occur due to our negligence. Ultimately, the customer will enter into a trading relationship with Wyntersun Holidays Limited, which will be restricted solely to the above mentioned role of the company as a booking agent or disclosed booking agent, as well as with the variou
2. Payments & Deposits
If you book more than 14 weeks before your arrival date, you have the choice when booking your holiday, of paying a deposit based on the airline, hotel and transfer supplier chosen, to secure the booking. Unless you advice us that you wish to cancel your booking before the balance due date, we will automatically take payment from your credit card of the balance due. By agreeing to these booking conditions, you consent to this procedure. We reserve the right to levy a percentage of the transaction value where payments are made by credit card. If you choose to pay by deposit, you will only need to pay the standard deposit amount for the ATOL supplier (charter flight). This ranges from £50 to £130 per person and is included in the deposit amount quoted by the site. Bookings with transfers, low cost and scheduled suppliers need to be paid in full at the time of booking and will be non-refundable. If you do not pay your outstanding balance within 7 days after the due date, we reserve the right to cancel your booking at a loss of deposit.
3. Passports, UK Citizens, Visas and Health
It is incumbent upon you to ensure that you meet the passport, visa ad health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change). All rates on Wyntersunholidays.com are for UK passport holders only. The name in your passport must match the name on our flight/ticket voucher otherwise you may not be permitted to travel and your insurance could be invalid. If you’re a British citizen you need a full, ten-year British passport and it must be valid for six months from the date of your return to the UK. All passengers including babies and children require their own passport. If someone in your group changes their name after you’ve booked, tell us and we’ll arrange for the flight ticket/voucher to be reissued. If you’ve already received the flight ticket/voucher, return it and we’ll send one in correct name. There maybe a fee for this change. Certain countries impose restrictions for a lone parent travelling with one child and additional information should be sought. For further information visit the Passport Service website at www.ips.gov.uk. If you don’t have a UK passport you should always check with your own Embassy, High Commission or Consulate before you book. The best place for information on visa and travel advice is the Foreign Office. Visit www.fco.gov.uk/travel or call 0845 850 2829. There may be specific entry requirements for under-18s, depending on your destination. For example, if a young person is travelling without both parents, there may be extra costs and they may need extra legal documents such as an affidavit from a notary public. Always check with the Embassy or consulate of country you’re travelling to before you book. If you’re travelling to Turkey you’ll need to buy a Tourist Visa when you arrive. You can expect to pay around £10 in cash for this. Any passenger booking a flight (with or without a hotel) is required by Law to provide their full passport number, nationality, start date and expiry date. Failure to provide this information may result in you being charged at the airport by the relevant airline. Wyntersun Holidays Limited will not be held responsible should you fail to provide us the passport information prior to your holiday. Having provided this information to you it is very important that you ensure you carry the right documentation with you such as your passport (or equivalent ID card) and visas required. Wyntersun Holidays Limited cannot accept any responsibility should you be denied boarding or be deported due to non-fulfilment of the above.
3.2 At the time of the booking it is the customer’s responsibility to advice us of any special mobility requirements for flights, transfers or hotels. Please note, however, these cannot be guaranteed as they are at the discretion of the individual supplier
We recommend that all passengers are adequately insured before travelling abroad. The latter is usually a prerequisite for most tour operators, who reserve the right to deny travel when proof of insurance can not be provided. Many Principles require you to take out travel insurance as a condition of booking with them. In any event, we strongly advise that you 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) and in the event of an accident or illness; loss of baggage and money; and other expenses
5. Travel Documents
Prior to travelling, customers must print out and ensure that they travel with the correct documentation required for each element of their holiday, i.e. accommodation voucher, flight voucher, transfer voucher and/or parking voucher. The booking confirmation email is not sufficient and Vouchers contain important information therefore customers must take these with them on holiday
6. Flights, Times, Tickets
Flight times and prices shown are provisional and may be Subject to change, as per the tour operator’s booking conditions. If after making your booking we are advised that an aircraft will stop en route we will advised you as soon as reasonably possible. However, the Tour Operator states that such a change will not constitute significant change. Any changes in flight prices from the time of search will be indicated on the booking page before you make payment. For flight bookings, please reconfirm your flight times 48 hours prior to departure as per the tour operator’s/airline’s instructions. This applies to both your outbound and inbound journey, as changes to flight times may occur while you are abroad. Tickets are generally issued by the tour operator between ten and fourteen days prior to departure, however they still reserve the right to issue documents at the airport. Please contact us one week prior to your departure if you have not received any travel documents. You are subject to airline supplier’s terms and conditions upon booking. For further details about luggage or your weight allowance please contact us.
6.2 In the event of cancellation of your flight by the airline or if you chose to cancel, any Flight Admin Charges (as detailed on your receipt and at the time of the booking) are non-refundable.
We, Wyntersun Holidays Limited trading as wyntersunholidays.com, will act as a disclosed retail agent in the booking of your accommodation. These terms of business set out the basis on which we arrange your accommodation, acting as a disclosed retail agent. Your contract will be with the accommodation provider/owner (referred to from now on as the Principal) and their booking conditions will apply. We advise you to obtain and read these. Please ask us for a copy if you do not have one. As a disclosed retail agent, we accept no responsibility for the provision of the accommodation by the Principal with whom you have a contract. All accommodation that we provide, or that is sold through us is not an offer by us to sell any accommodation, but an invitation to you to make an offer to the Principals of the accommodation. We are free to accept the offer on behalf of those Principals or to reject it. We reserve the right to alter any of the advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed. When you have chosen your accommodation and you make a request to us to book it, you must pay the full cost of the booking in full if you are booking within 14 weeks of your arrival date, or a deposit if it is outside 14 weeks before departure. Your booking is confirmed and a contract between you and the Principal will exist when you have seen the confirmation booking screen and received a confirmation email confirming the booking. Please check your confirmation 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 disclosed retail 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 Principal who may cancel your booking and charge the cancellation fees set out in the booking conditions. Payments and credit card will attract a credit card charge of 2% and are non-refundable if you cancel your booking or it is cancelled by the Principal. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party these terms of business. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
7.2 Any cancellation or amendment request must be sent to us in writing, by email, and will take effect on the day we receive this during the hours of 9am to 5.30pm. The Principal may charge the cancellation or amendment charge shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements) and in addition you must pay us the cancellation or amendment charges as stated in section 10.
7.3 With regard to changes and cancellations made by the Principal, we will inform as soon as reasonably possible. If the Principal offers alternative accommodation or refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the Principal will assume that you have accepted the change. In the extraordinary event of non-availability, due to overbooking or any other unforeseen circumstance of your booked hotel, a substitute hotel of the same rating will be offered by the Principal.
7.4 Your contract is with the Principal and its booking conditions apply. As disclosed retail agent, we accept no responsibility for the provision of the accommodation by the Principal. Our responsibilities are limited to making the booking in line with your instructions. We also don’t accept responsibility for any information about the accommodation 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 per
7.5 The booking information that you provide to us will be passed on only to the relevant Principal or other persons necessary for the provision of your accommodation. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information on as above, whether in the EEA or not, we will be unable to provide you’re booking. In making this booking, you consent to this information being passed on to the relevant persons
7.6 Many of the Principals that we act for offer protection for your monies. This means that, if in the unlikely event of their insolvency your accommodation can’t be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned. If the Principal that you have chosen doesn
7.7 These terms of business are governed by English law and the courts of England and Wales have jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Ireland law, as applicable.)
7.8 If you have to collect keys for your booked accommodation from a different address location, customers will be responsible for all additional transfer costs incurred
8. Check-in/out, Room Allocation and Facilities
8.1 The standard international practice regarding check-in and check-out times is to let rooms from midday to midday. However times frequently vary depending on establishment. Check-in times are usually between 12pm and 3pm, check-out times between 11am and 12 noon on the day of departure. Therefore, if you check in to the accommodation immediately after a night time flight, this would normally count as one night’s accommodation, and hence the hotel must be booked from the day before. Similarly if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management. Depending on the flight arrival and departure times that you have selected, you may miss a meal if you’ve booked All Inclusive, Half Board or Full Board
8.2 No room specifics such as a balcony or terrace, view type (e.g. sea/land) can be guaranteed unless otherwise specifically stated in the room type description
8.3 Rooms sleeping up to 4 people: some hotels have rooms that sleep up to 4 people. Room layout may consist of up to 4 separate beds or a combination of double, twin, camp bed, sofa beds or rollaway beds. In some hotels, 3rd and 4th beds may only be suitable for a child. Rooms for up to 4 persons may not be any larger than twin or double rooms so space is likely to be limited
8.4 If incoming flights are delayed, resulting in a later than expected hotel check-in, please advise either the hotel or the accommodation supplier using the numbers shown on the accommodation voucher as the accommodation may otherwise be released.
8.5 Please note that no refund can be claimed if guests stay at the accommodation for a shorter period than that for which they have booked
8.6 You may find that if you’re travelling outside of peak holiday periods, i.e. low season, some facilities both in your hotel and resort may not be available and any entertainment provided may be more low-key. Hoteliers may also remove facilities at certain times due to low demand and/or low occupancy levels, without notification
8.7 Payment for incidental extras (e.g. mini bars, telephone charges, etc.) must be made directly to hotel before you check out. Any local and/or city taxes due must be paid to the hotel directly and are not included in the booking.
8.8 Please note that Egyptian and Tunisian passport holders must be legally married in order to share a double room in a hotel in Egypt or Tunisia respectively. It is illegal to book a room for a foreign national and an Egyptian or Tunisian unless they are married. Please check with the relevant Consulate for more information. Therefore the hotels will not accept such reservations on check-in. If there is availability, 2 single rooms will be provided at additional cost to the clients. This law does not apply to holders of non-Egyptian passports
9. Special Request
In some instances, specific special requests should be communicated with us prior to booking, if those request/needs will have a bearing on the customer’s decision to actually stay in a specific hotel. 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 Principal, but we can’t guarantee that they will be met and we will have no liability to you if they are not.
Please be aware that the booking conditions of the Principal will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Principals will also often require you to pay for any damage you cause to the accommodation. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the Principal or any third party as a result.
11. Changes and cancellations
Bookings made with low cost carriers are subject to 100% cancellation charges from the moment they are booked. Other amendments or changes to your booking must be received in writing from the lead named passenger. Charges may be levied by the tour operator or by your chosen suppliers, for which you will be advised at the time of the amendment. All administrative charge quotes are subject to change by either Wyntersun Holidays Limited or our suppliers without notice on a daily basis. Charges detailed below, will apply from the moment you place a booking through us. Please note that any incorrect information on the documentation received from us, must be brought to the attention of the Administration Department of Wyntersun Holidays Limited, within 7 days of the date of issue of the received documents. We will not accept responsibility if you neglect to check the validity of all the information provided after the time period specified above. Failure to draw the correct information to our attention will impose the charges below
Charter Flights • Outside 10 weeks before departure – Loss of Deposit • Within 10 weeks of departure – 100% cancellation charge
Low Cost and Scheduled Flights • Non-refundable from the time of booking and carries a 100% cancellation charge.
Hotels • Outside 5 Weeks of Departure – 20% or Loss of deposit, whichever the greater • Within 5 weeks of Departure – 50% cancellation charge • Within 2 weeks of Departure – 100% cancellation charge
Airport Transfers • Outside 4 weeks before departure – 25% cancellation charge • Within 4 weeks of departure – 100% cancellation charge
Car Parking • Non-refundable from the time of booking and carries a 100% cancellation charge.
Car Hire • Outside 4 weeks before departure – Loss of Deposit • Within 4 weeks of departure – 100% cancellation charge
Amendments • £25 per Amendment + Airline/Hotel Charge • Amendment Name change: Airline/Hotel Charge
11.2 As Wyntersun Holidays Limited act as a booking agent or disclosed retail agent for the individual elements of your holiday and as customers are required to agree to the Terms & Conditions of the relevant supplier at the time of booking, we are therefore not defined as the ‘Principal’ within TTA’s Code of Conduct, section 3
11.3 Any changes or amendments to your flight times which are received less than 24 hours before departure may affect you if you have booked airport transfers as there may not be enough time for the transfer supplier to contact their local agent in resort. Any out-ofpocket travel expenses incurred as a result may need to be claimed through your Travel Insurance policy
12. Customer Complaints and Complaints Procedures
12.1 If you do not receive a booking confirmation email from us within 48 hours you must let us know as failure to do so may lead to missed emails about your booking which we cannot be held responsible for. It is your responsibility at all times to ensure that your email address remains active. If you’re email address changes, you must advise us immediately and similarly let us know if you do not receive our acknowledgement of your email address change within 48 hours.
12.2 We hope your travel arrangements run as smoothly as possible and that you will enjoy your holiday. However, if you have a complaint while you are in the resort you must firstly report it immediately to the accommodation management and the local representative of the supplier. If the problem cannot be resolved at the time you must telephone the emergency number provided on your accommodation voucher. The matter must be put in writing to Wyntersun Holidays Limited within 28 days of returning to the UK
Wyntersun Holidays Limited
London, SE20 8FB
Please note that you should allow 28 days so that all issues raised can be concluded and resolved. The contract for your accommodation is between you and the Principal and if you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If the matter cannot be resolved and it involves us or another TTA Member then it can be referred to the arbitration scheme arranged by TTA, see clause12.
12.3 If you incur any out of pocket expenses when in resort, you must obtain and keep any receipts detailing each cost. Failure to send in receipts as part of a complaint may waiver your right to claim back any monies owed.
12.4 We are obliged to maintain a high standard of service to you by TTA’S Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with, this contract. Further information on the Code and arbitration can be found on TTA’s website www.traveltrust.co.uk
In the event of a breakdown of communication or a serious disagreement between you and Wyntersun Holidays Limited, the Travel Trust Association can act as an independent intermediary.
All complaints are dealt with in writing. Should you feel the need to make a complaint, please detail the matter in writing and post it to: Travel Trust Association
3rd Floor, Albion House
Surrey, GU21 6BD.
Please enclose copies of any previous correspondence that you may have had with Wyntersun Holidays Limited and any paperwork that is at all relevant e.g. receipts, bookings etc.
Upon receipt the TTA will administer your complaint for you and ensure that you receive a response. Should the response that you receive not be satisfactory, we can then offer you an arbitration service
13. Force Majeure
13.1 We will not make compensation payments for any cancellation/changes caused as a result ‘force majeure’. Force Majeure means any inability by us to perform our contractual obligations resulting from any cause or reason whatsoever beyond our reasonable control. This includes, but is not limited, to acts of war (whether war is declared or not), the threat of war, riots, civil disturbances, industrial disputes, terrorist activity, natural disasters, fire, inclement weather, technical problems to transport, airline failure, closure or disruption to airspace or airport.
14. Data Protection Policy
We have taken every possible measure to ensure the confidentiality of your personal information. However, some of the details must be passed to the suppliers associated with your holiday, such as your tour operator, airline, hotel, transport company, insurance provider etc. The information may also be provided to security or credit checking companies, public authorities such as customs/ immigration, if required by them, or as required by law. Please note that once your information is passed onto the suppliers associated with your holiday, the information becomes subject to their data protection policy
15 . User agreement governing the use of the wyntersunholidays.com website
When placing a booking you undertake to us that the details you have supplied are correct, including passenger names, dates and credit or debit card details.
• If there are changes to the details supplied, it will be your responsibility to contact us and request changes. • Wyntersun Holidays Limited will put its best endeavours to find and rectify any errors and omission as quickly as possible. However because of the sophisticated technology required, there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. In this case Wyntersun Holidays Limited shall reserve the right to cancel that contract and the customer will not have any liability to this regard.
• Our booking platform may accept unrealistic bookings without objecting any further to the user’s judgement and in this case we reserve the right to refuse any refunds in respect to those products purchased.
• Wyntersun Holidays Limited does not make any warranty that the website (wyntersunholidays.com) is free from infection by viruses or any other software that has contaminating or destructive properties.
• When a visitor chooses to pay offline then he/she undertakes that the product(s) selected may not be any longer available. Confirmation of order in this case is made when we receive full payment of the product(s) selected. • Our Online Booking services are provided on an “as is” basis and we do not make any representation or warranty, express or implied, as to the availability of any product(s) or other Holiday Arrangement.
• For further Government travel advice, please visit this website: www.fco.gov.uk/en/travel-and-living-abroad/