General Terms and Conditions of Journaway Ltd.

You can download a pdf version of the terms and conditions here.

1. Scope of application

These General Terms and Conditions together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Journaway Ltd registered in England with Company Number 14888499 and registered office address 8th Floor Becket House, 36 Old Jewry, London, United Kingdom, EC2R 8DD (‘journaway’, ‘we’, ‘us’, ‘our’). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “customer”, "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.

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

1. he/she has read these General Terms and Conditions and has the authority to and does agree to be bound by them;
2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
3. he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

2. Conclusion of the travel contract and travel documents

2.1 A booking is made with us when you send us a booking request and we issue you with a booking confirmation. We reserve the right to decline to issue a booking 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 that will confirm the details of your booking 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 also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document we send you are wrong, you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document.

2.2 When booking through an agent, normally you will make your payment directly to Journaway. However, any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer 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.

2.3 For all online bookings, the following applies regarding the conclusion of the contract: The online booking process is explained to the Customer on the booking interface of journaway's website. During the booking process, the Customer can amend, correct or reset their details at any time. An option to reset the entire online booking form is also available, and its use is explained. The Customer is directed through the process by clicking through to a page where they can enter their details and then select a payment method. If the Customer wishes to cancel the booking process entirely, they can simply close the browser window. Otherwise, they can complete the booking registration. By clicking the 'Book with payment obligation' button, the Customer submits a booking request, which results in a payment obligation. After doing so, no further changes can be made to the Customer's personal information or data (names or dates of birth) without incurring amendment charges. Therefore, you should ensure that all information is entered correctly before submitting the booking request. Upon receipt of the registration, the Customer will receive an acknowledgment of receipt in writing (e.g. via e-mail). This acknowledgment does not constitute acceptance of the booking request but merely confirms its receipt.

2.4 You should immediately check all the travel documents for accuracy, including the correct spelling of names, the travel dates, destination(s) and other details, and promptly inform journaway of any errors. Incorrectly spelled names, in particular, may result in refusal of carriage by the respective airline or problems with entry into the country of destination.

3. Payment

3.1 After we send the booking confirmation and the ATOL certificate, the final balance will become payable. This must be paid no later than 56 days before departure.

3.2 If payments due on the trip price are not received in full and on time, we reserve the right to treat your booking as cancelled by you.

4. Accuracy

4.1 We endeavour to ensure that all the information and prices on our website] 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 you make your booking.
 

5. Pricing

5.1 journaway reserves the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price stated in the booking confirmation after the contract has been concluded solely to allow for increases which are a direct consequence of changes in:

(i)    the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii)    the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii)    the exchange rates relevant to the package.

You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this 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 7 days from the issue date printed on your final invoice. 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 an administrative fee. 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.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

6. Cutting Your Holiday Short

6.1 If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

7. If You Change Your Booking & Transfers of Bookings

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by email 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 any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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 in accordance with condition 8.

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

a.    that person is introduced by you and satisfies all the conditions applicable to the holiday;
b.    we are notified not less than 7 days before departure;
c.     you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer; and
d.    the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition [x] will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.                         

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

8. If you Cancel your Booking Before Departure

8.1 The Customer may withdraw from the trip at any time before the start of the trip. If you decide to cancel you must notify us in writing by email to uk@journaway.com, or via the cancellation link included in the booking confirmation e-mail. 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.

8.2Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
 

8.3 Since journaway will incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
 

8.4 Please note that insurance premiums and amendments charges are not refundable in any circumstances.

8.5 Important 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. This is more likely to be the case if you book a product marked ‘Smart Price’.

8.6 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

8.7 Cancellation by You due to Unavoidable & Extraordinary Circumstances: 
You may terminate the package travel contract applicable to your holiday at any time before the start of the package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the package or carriage to your holiday destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation.  You must be able to show at the time you wish to cancel that there is no reasonable possibility of your holiday going ahead, in order to rely on this clause.

For the purposes of this clause, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which significantly affect travel to the travel destination as agreed in the package travel contract.

8.8 This condition outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9. Travel insurance

We strongly recommend that you take out adequate travel insurance before you travel. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

10. If Journaway Changes or Cancels your Booking

10.1 As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

10.2 If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure, but we will have no liability to you. Examples of minor changes include changes to flight times by up to 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers.

10.3 Occasionally we may have to make a significant change to your confirmed arrangements. Examples of what might be “significant changes” dependent upon the details of your booking include the following, when made before departure:

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