TERMS OF BUSINESS

All bookings are booked subject to the following terms and it is your responsibility to ensure that you have read, understood and agree to the following.

On the Beach specialise in holidays to destinations all over the world. None of the bookings we make for our customers, whether they are for one element (flight or hotel) or more than one element (flight and hotel), are package holidays as that term is defined by the Package Travel Regulations. The flexibility that On the Beach offers is that you are under no obligation to book more than 1 holiday element and each element can be booked wholly independently of the others.

When making your booking we will arrange for you to enter into contracts with the Principals (tour operator/airline/cruise company/flight provider/hotel provider) named on your receipt. In all bookings we act only as an agent for the Principal in making your booking other than where the principal is a no frills (low cost) carrier (please see 'No Frills Flight' section).

As agent we accept no responsibility for the acts or omissions of the Principals or for the services provided by the Principal. The Principals' Terms & Conditions will apply to your booking. Any monies paid for the flight only element of your order will be protected by the flight provider (ie Principal) and their ATOL licence or by the no frills carrier where they do not hold and ATOL licence. We advise you to read these conditions carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. In the event of a difficulty with your booking, we will do all we can to assist you to resolve the matter. Ultimately however the contract is between yourself and the Principals.

Details will be given at the time of booking. As agent we accept no responsibility for the acts or omissions of the Principals or for the services provided by the Principal. The Principals' Terms & Conditions will apply to your booking. Any monies paid for the flight only element of your order will be protected by the flight provider (ie Principal) and their ATOL licence. We advise you to read these conditions carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. In the event of a difficulty with your booking, we will do all we can to assist you to resolve the matter. Ultimately however the contract will be between yourself and the Principals.

On The Beach Limited GENERAL TERMS

The General Terms below are in addition to the Terms and Conditions provided by the Principals.

Payments

For all holidays travelling within 3 months, a full balance is due on booking the holiday. All other holidays will be charged a non-refundable deposit on booking. Where you accept the option to book a holiday at a lower cost by paying in full at your time of booking, the whole amount paid at time of booking is non-refundable should you later wish to cancel the booking, regardless of your time from travel. Please note that payments of balances due, must be received by On the Beach Limited no later than 3 months prior to travel. Unless you contact our administration department prior to your balance due date, the card you used at the time of booking will be automatically debited for the amount due on that date. We reserve the right to charge an administration fee of £20.00 per person where payments are received after this time. We also reserve the right to levy 2.6% of the transaction value where payments are made by credit card and 1.1% where payments are made by debit card. Electron cards carry no fee. If for any reason we do not receive payment, we shall be entitled to cancel the booking with loss of all monies you had previously paid and any cancellation fees set out in the Principal’s Terms and Conditions. For those making payments online and incorrectly choosing a credit card from the drop down menu, the fee, once paid, is unfortunately non-refundable.

Changes and Cancellations

Should you wish to amend or change your booking, confirmation must be received in writing from the lead named passenger. Any such request will not take effect until received by us. Charges will be levied by the principal or other supplier and you will be advised of these. In addition, On the Beach will also charge a fee, details below. Cancellations more that 3 months from departure date will be charged at loss of deposit unless you have chosen to book a holiday at a lower cost by paying in full at your time of booking in which case you will be charged at 100%. Cancellations within 3 months of the departure date will be charged at 100%. Please note any incorrect information on any documentation received from us must be brought to the attention of the Administration Department of On the Beach, within 3 days of receipt of this paperwork. You must also put any amendments in writing within 3 days of notifying us by phone as without this we may be unable to make amendments and you will incur charges. Please note that if you book a hotel or flights online any mistakes made in entering passenger titles, initials or surnames will be chargeable immediately the booking has been confirmed by the Principal. They will apply their standard charge whatever the nature of the mistake, even if it is simply one letter, an initial or a title. For those booking children 2 years of age or above and entering 'Infant' as the title, the flight systems will automatically select 'Miss' or 'Master'. Where this is incorrect and you have not provided the correct information at the time of booking you will be required to pay the amendment charges.

Surcharges

We draw your attention to the clauses of the principals' booking conditions relating to surcharging, these can be found and viewed by clicking the link in the booking conditions section of our terms of business. As your booking agent we may be required on behalf of the principal providers involved in your booking to collect surcharges. These are additional amounts that a principal may charge after you have booked, because costs have increased in the areas of transportation, including the cost of fuel; duties, taxes and fees; or exchange rates. Surcharges can vary and the amount will be advised to you in writing. Where the principal involved is a member of ABTA they will follow the code of conduct in regards to levying surcharges. Whilst principals do try to avoid surcharging, they can occur and a failure to pay any surcharged amount requested from you may result in the cancellation of your booking or a refusal to allow you to travel. Due to the costly nature of administering such surcharges we reserve the right to levy a £1 per person administration charge in addition to any charges we are being asked to collect by the principal providers.

Booking Details

The booking information that you provide to us will be passed on only to the relevant Principals of your travel arrangements or other persons necessary for the provision of your travel arrangements. 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 are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.

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 to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.

Insurance

We recommend that all passengers take out adequate travel insurance. It is a condition of booking with most Principals that adequate insurance cover is arranged 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.and some airlines or Principals may deny you from travelling, if proof of insurance cannot be provided. We can provide suitable cover if required. If you have declined our insurance we accept no liability arising from failure to obtain adequate cover. If you have booked your insurance through us, you will receive a confirmation policy document prior to travel.

Flights times, tickets, meals and baggage allowance

Flight times shown are provisional and may be subject to change, as per the Principal's booking conditions. For all flight bookings please reconfirm your flight times 48 hours prior to departure as per the Principals's/airline's instructions. This applies to outward and homeward journeys, as changes to flight times may be made during your time abroad. We cannot be held responsible for customers missing flights who have not followed these instructions. Tickets are generally issued by the Principal between ten days and two weeks prior to travel, however they reserve the right to issue documents on departure at the airport. You must contact us one week prior to departure if your travel documents have not been received or if you do not have a flight reference number for a ticket on departure booking. We will not be responsible for the loss of any items sent by post unless such loss is due to our negligence.

The flight information advertised comes from all the major UK Principals and airlines. The data is scanned by a third party and although regularly updated, most data is only live at the point which the flight is added to your basket. Be aware that some airlines do not maintain real time seat availability in the reservations system to which we connect. As agents for those Principals we are constrained by the information they provide. Seat availability and pricing is at the operator's discretion and is subject to availability. Prices can fluctuate. Our online prices do not include in-flight meals. With certain providers the in flight meals are compulsory. This includes certain flight booked with Custom Flights, Goldtrail, Libra, Olympic, Jewel in the Crown , Avro and Freedom flights Where this is the case, the flight providers do not show the meal charge as part of the headline flight price so we cannot include it in your total booking price. As a result of this, On the Beach charge a fee for these flight meals outlined in our service charges below.

All airlines have a standard baggage allowance which is included in our online prices. For some airlines this is only a 5kg-10kg piece of hand luggage for others it may be 20kgs hold luggage and 5kgs hand luggage. For some airlines it is 15kgs hold luggage and 5kgs hand luggage. It can vary greatly and what allowance you are entitled to will show in the booking conditions of your airline below. Where you require extra luggage allowance this will have to be added to the booking and paid for. When booking with certain charter airlines and low cost (no frills flight) carriers it is not unusual to find that they will make a charge to check in hold baggage. Please refer to the section below for further information on baggage allowances.

Please note where flight extras are requested at your time of booking once added they cannot be removed, cancelled or refunded.

Hold baggage is considered by several airlines to be an optional extra therefore when you are booking with an airline that does make a charge for luggage it is not included or displayed in our head line prices and the option to add this extra facility will be offered to you after we have received your order request. Please note all hold luggage charges are dependent on the price charged to us by the airline in question however the final price we will charge you is set by On the Beach Limited and can vary. This will usually be between £4-£15 per bag for each leg of the journey and the luggage allowance will be dictated by the airline in question and can again vary. Please refer to the section below for further information on baggage allowances.

Please note where flight extras are requested at your time of booking once added they cannot be removed, cancelled or refunded.

Passports, visas and health

All passengers must have a 10-year British Citizen passport. You should note that most countries require your passport to remain valid for a minimum period after the return date to the UK (typically 6 months). If your passport is in its final year of validity, or you hold an overseas passport, you should check with the Embassy of the country you are visiting, otherwise travel may be denied. As it is not possible to claim against your insurance cover should travel be refused in these circumstances, we suggest you allow plenty of time to make these checks. Please be aware customers are responsible for any visa or inoculation requirements for their destination. You may wish to obtain a copy of a useful booklet called Health Advice for Travellers (T6) available by calling 0800555777. Up to date travel advice can also be obtained from the Foreign & Commonwealth Office on 0207 238 4503 or their website www.fco.gov.uk. It is your responsibility prior to booking to ensure that you have a valid passport. Overseas nationals are responsible for ensuring that their passport allows travel to their chosen destination and customers should ensure that they are in possession of any visa necessary to enter the country of their chosen destination. We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we, nor the Principal, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.

Customer Service

We hope your travel arrangements run as smoothly as possible and you enjoy your time abroad, however if you feel the need to complain we recommend that you immediately inform a representative of the Principal, or hotel reception staff, whilst you are abroad. 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 you are not satisfied, you must follow this up in writing (by post only) immediately on return to the UK (or at the very latest within 28 days) DIRECTLY to the Principal.

Financial Protection

All flight providers (except no frills flights where applicable) are protected by ATOL. In the unlikely event of the flight provider's insolvency your flight monies are protected under the terms of their ATOL licence and if abroad you will be repatriated. This does not apply to no frills flight bookings

No-Frills Flights

When making your booking for a flight with a no frill (low cost) carrier, we are acting as your agent. Your contract is with the carrier. No frills carriers do not hold an ATOL licences. As with all other principals we accept no responsibility for the acts or omissions of the no frills (low cost) carriers or for the services provided by them. Their terms and conditions will apply to your booking and you should familiarise yourself with these terms. You can view them by clicking the link at the bottom of your booking summary named booking conditions.

By placing an order on our website you agree to allow us to buy the appropriate flights for you. For providing this service we charge a booking fee included in the total price of flights displayed on our website. Your contract will be directly with the airline and you will be subject to their terms and conditions. Please note no frills flights are usually 100% non-refundable from the moment that they are booked. When booking with certain charter airlines and low cost (no frills flight) carriers it is not unusual to find that they will make a charge to check in hold baggage. Where this charge is levied by the airline we will offer you the opportunity to add this optional extra to your booking. (Please refer to the Flight times, tickets, meals and baggage). Should you choose not to take any hold baggage on your trip then you will receive the standard baggage allowance as detailed in the airlines booking conditions please note this will normally be between 5-10kg and must be no larger than the dimensions allowed by the airline in question for carry on luggage. For further information please refer to the airline booking conditions at the bottom of this page. No tickets will be issued and you will simply need your confirmation number, which will be emailed to you with your booking confirmation, along with your passport, to board the flight. In this case we are acting as a ticket provider and your e ticket should be with you within 24 hours of placing an order

ABTA

On the Beach Ltd is a member of ABTA with membership number K0813. ABTA and ABTA members help holidaymakers 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 arbitration scheme, available to you if you have a complaint about our service, contact ABTA Ltd, 68-71 Newman Street, London W1T 3AH Tel:020 7637 2444 or www.abta.com.

Data Protection Policy

We take full responsibility for ensuring proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements, such as your principals, 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. We may also contact you from time to time with details of any special offers we may have available.

Your accommodation

All hotels featured on our website/advertising are booked through the Principal on your paperwork. Although we cannot check every one of these hotels every season, the ratings featured in our advertising / on our website are the Principal's own ratings and are closely based on the official tourist board ratings. It is important that customers are happy with their choice of hotel at the time of booking. All hotels do represent excellent value for money within their ratings and any that receive an unreasonable proportion of complaints from our customers are dropped from our website/advertising. If you have a complaint while you are staying at the accommodation in question, you must inform the accommodation management immediately, in order to give them the chance to resolve the problem. Failure to do so may affect your rights under the contract with the Principal. You may lose any right to compensation, if you fail to do so. If the issue is not resolved to your satisfaction, you should contact the supplier's representative in the resort and then the hotel provider in the UK (details will be on your paperwork). In the event that they are unable to resolve the matter, and you wish to take matters further, you must do so directly with the accommodation provider concerned. Unless otherwise requested at the time of booking, standard internationally accepted practice dictates that your accommodation will be booked from the day that you depart the UK for 7 or 14 nights as required. The dates and times of your accommodation booking will be included on your accommodation voucher (please check this carefully). After registration, on arrival at your accommodation, you will be allocated a room. When travelling on flights departing the UK after midnight, your room will be reserved from the previous day. You must normally therefore check out of your room by 12 noon on the day before a night flight home or on the departure date for an evening flight. We will request a late check out for the room. However this is not guaranteed and where available may be charged for separately on the spot. If we were not to book the hotel until the day that you land (for flights landing in the early hours of the morning), you would not be able to access your room until hours after your arrival in the hotel. Your flight details are included on the booking with all hotels so that hotel staff are aware of your flight timings from the time that you are booked. They will also be notified on your booking that you require a late check out. Most hotels provide this late checkout facility. This will usually incur a small charge payable on the spot (it is impossible for us to prepay this charge) and should be requested at the start of your stay so as to avoid disappointment.

Deposits

For bookings travelling departing outside 3 months of booking date, our website offers the facility to pay a deposit. Usually this deposit amount is £100 per person as set by the principals with whom flights and hotels are booked. From time to time as a special offer the deposit on reservation may be offered lower than this amount. Where this is the case, we reserve the right to collect the remainder of the deposit (£X minus that paid at the time of booking) 4 weeks after the original booking date automatically from the card used to pay the initial deposit.

ONLINE BOOKINGS

By clicking to book and entering your personal and payment details on our website, you are making us an offer to purchase the product on your behalf. At this point we immediately recontact the Principal for whom we are acting as a travel agent. Each Principal will still require a short period of time to check to see if your chosen flight / hotel is still available. Although the email confirmation sent to you is NOT contractual acceptance of the Principal's ability to provide this product, it is an acknowledgement that we have received your offer, and should the product be available as detailed on our website you have entered into a legally binding agreement to purchase this product subject to the Principal's Terms and Conditions.

Once we have received confirmation from the Principal, we will contact you via email and/or telephone to let you know that your order has been booked. The contract is formed when the Principal issues its confirmation invoice and their booking reference number. Please note that once your booking has been confirmed to us, you can only cancel the booking in accordance with the relevant Principal's terms and conditions which may impose cancellation charges. Equally you may also be subject to our cancellation charges to cover our administration costs. Unless you have reserved a transfer separately, no flight or hotel booking includes a transfer. At times the hotel suppliers or airlines involved in your booking may offer a free or complimentary resort transfer, On the Beach Holidays will pass on this offer to you however it forms no part of our contract with you and the provision, delivery and service and standards of the transfers are the responsibility of the hotel provider and the 3rd party involved in the delivery of them. In the event of a difficulty with your transfers, we will do all we can to assist you to resolve the matter. Ultimately however the contract will be between yourself and the Principals.

Customers should also note that each booking is treated separately on our online booking system. If you make separate bookings for the accommodation and flight elements of an order, and we are unable to confirm one of the bookings, the other booking will still stand, and therefore the Principal's booking conditions will apply. If larger groups want to be sure of sufficient availability for any flights / hotels they should call our call centre. If two parts of the same group book online on two separate bookings and availability expires between the two bookings we regret therefore that we are unable to cancel the first booking without applying cancellation charges as levied by the Principal.

Flight Data

All online bookings are made with Principals/flight providers departing a given airport in the UK on a given date, for an agreed number of people and duration and staying in a specified hotel. Once you have chosen a particular flight, we reserve the right to make only minor changes to flight arrangements (such as a change of flight number, carrier, or a shift of no more than 3 hours on any leg of the journey). Confirmed flight timings and flight numbers will be on your paperwork which will be sent out to you within 48 hours of making your booking. Where more major changes are necessary, we will notify you of these changes when received from the Principal prior to confirming your booking and offer suitable alternatives where possible. Following completion of your booking, please note the Principal's terms and conditions apply with regards to any further changes in flight arrangements.

Please note that in certain cases, flight providers may not provide complete set of data for flight times and dates on our website. Where this is the case, our website will display an incomplete set of data. Customers should note that the inbound flight of a 7,10, 11 or 14 night duration may take off in the early hours of the morning of the day following the date displayed. The flights are usually set up to allow for a full 7,10,11 or 14 nights spent in resort and as such if a flight lands late evening or early hours of the morning the inbound flight will take off the early hours of the morning on the 7, 10, 11 or 14 full days after the outbound landing date.

You should receive booking summary within 48 hours of your booking request being made. In most cases bookings will be confirmed by email only. We cannot be held responsible where an email does not arrive with you.

Unless you have received an email notifying you that your order has been cancelled you must not assume this to be the case. If you wish to check on the status of your order after a 48 period has passed, email admin@otbeach.com

Every care is taken to ensure our online systems are up to date and correct. Please be aware however that as we use third party data, there may be occasions where the prices they show are incorrect or inaccurate. Please accept our apologies for any accidental misrepresentations on this website or other affiliated sites.

SERVICE CHARGES

In certain circumstances we apply a service charge for the services we provide.

Cancellation or amendment Principal’s charge + £25 per person

Special requests after booking confirmed Principal’s charge + £25 per person

Credit card charge & Debit Card Charge 2.6% & 1.1% (Electron card no charge)

Pre-booking airline seats after confirmed booking Principal’s charge + £25

Ticket delivery fee (for those departing between 21 - 14 days from date of booking) £15.00 per person

Change of hotel Cancellation of original hotel + difference (if any) in cost of hotels + £75 administration fee.

Late payment surcharge £20 per person per day late

Change of title, initial, first name or surname once booking made Principal's charge plus £25 per person

In-flight meals Principal's charge plus £5 per person

No frills flight bookings £10-20 per person (varies by flight provider) plus admin fee of £25 if added after booking