Trading Charter

We are TML Travel Group Limited. References to "you" and "your" in this trading charter means all persons on the booking (including anyone added or substituted at a later date). "We", "us" and "our" means TML Travel Group Limited. A ‘package’ and ‘lack of conformity’ have the same meaning as in the Package Travel and Linked Travel Arrangements Regulations 2018.

1.    CONTRACT: These are the terms on which we will make a booking for your travel or holiday requirements. If you have booked a package, you will receive standard information about your package arrangements and details of their main characteristics before a binding agreement comes into existence. That information, the ‘General Information’ (below or attached) this trading charter, our privacy policy (found on our website or a written copy can be supplied on request), along with any other written information we brought to your attention before we confirmed your booking form the basis of your contract with us in connection with the travel arrangements making up your booking (the ‘arrangements’). Please read all that information carefully as it sets out the scope of our agreement as well as our respective rights and obligations. By making a booking, you agree to be bound by all of them. You must be 18 years old at the time of booking and possess the legal capacity and authority to act and participate as the lead name on the booking. We will only deal with the lead name on the booking in all correspondence. If you did not see this trading charter before you made your booking and you are not happy to proceed with the booking now that you have seen it please return all documentation to us or the travel agents through whom you booked within 7 days of receiving this charter. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel.
The key terms of our agreement are:-
Key terms
1.    You will enter into a binding contract with us when we issue a confirmation invoice. If you then cancel your arrangements, you will be required to pay cancellation charges. Initially this will be the deposit you paid to secure your arrangements, but after you’ve paid the balance of the price of your arrangements, these charges will increase up to 100% of the cost of them;
2.    You can make changes to your confirmed arrangements in certain circumstances. We will make a charge for processing these changes;
3.    We or any supplier(s) may make changes to and cancel your confirmed arrangements but we will pay you compensation in certain circumstances if we do so;
4.    We or our supplier(s) are responsible for making sure your confirmed arrangements are not performed negligently but there are some limits on and exceptions to this.

Accuracy of information and booking errors
We endeavour to ensure the accuracy of all the information and prices in our advertising material. However, occasionally changes and errors do arise and we reserve the right to correct them in such circumstances. You must check the current price and all other information relating to the arrangements that you wish to book before your booking is confirmed. We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 8.
Our trading charter is governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
A binding agreement for your arrangements will come into existence between you and us when we issue a confirmation. Please check all details on the confirmation (or any other document issued) immediately on receipt. It may not be possible to make changes to your arrangements later so you should notify us of any inaccuracies in any documentation within ten days of our sending it out. It may harm your rights if you don’t.

2.    PAYMENT
At the time of booking you will need to pay a deposit for each person named on the booking, which is as follows:

Holiday Duration                                       A Deposit Of:
Breaks up to 2 Days duration                    £125 per person is required 
Breaks of 3 days duration                          £250 per person is required
Breaks of 4 days duration                          £350 per person is required
Breaks of 5 days duration                          £375 per person is required
Breaks of 6 days duration                          £400 per person is required
Breaks of 7 days duration                          £425 per person is required
Breaks of 8 days duration                          £450 per person is required

DEPOSIT PAYMENTS & OPTIONAL EXPERIENCES
Where optional experiences are selected as part of your booking, these are payable in full at the time of purchase. This ensures availability can be secured with our partners and allows us to confirm arrangements on your behalf. Optional experiences are normally non‑refundable unless we are able to obtain a refund from the supplier. Any such refund will be passed on to you in full.

The balance must be paid 95 days before the departure date for all overnight breaks.
If you book within these balance due periods you will need to pay the total holiday cost at the time of your booking.

If you do not pay the outstanding balance for your holiday on or before the date when it is due we may cancel your booking and you will be required to pay the cancellation charges detailed below in clause 6. The date of cancellation will normally be the date you confirm in writing that you intend to cancel or 15 days after the balance due date, whichever comes first.

3. INSURANCE
It is a condition of our agreement that you are covered by adequate travel insurance for your arrangements. Such insurance as a minimum must cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. Details of a policy suitable to cover your arrangements are available by contacting us. If you choose to travel without adequate insurance cover, we will not be liable for any of your losses howsoever arising, in respect of which insurance cover would otherwise have been available.

4.    THE COST OF YOUR ARRANGEMENTS:
We reserve the right to amend the price of unsold holiday arrangements at any time and correct errors in the prices of confirmed arrangements.
We will not be liable for booking errors which are attributable to you or which are caused by unavoidable and extraordinary circumstances as defined in clause 8.

Once your arrangements have been confirmed to you by our confirmation invoice then subject to other clauses in these terms and conditions, the price will not change.

5.    SPECIAL REQUESTS, DISABILITIES AND MEDICAL CONDITIONS:
If you have any special request, you must advise us at the time of booking. We regret we cannot guarantee any request will be met. Confirmation that a special request has been noted is not confirmation that it will be provided. All special requests are subject to availability. If we are able to specifically confirm a special request or requirement, we will do so on our confirmation but where requests or requirements have not been so confirmed in writing on our confirmation, a failure to meet them will not be a breach of contract on our part. We will give you information about whether the arrangements you have chosen are generally suitable for persons with reduced mobility but if you or any member of your party has any precise medical problem or disability which may affect your chosen arrangements, please provide us with full details before we issue our confirmation. We will only provide precise information on the suitability of the trip or holiday taking into account your needs if you specifically request us to do so. Acting reasonably, if we are unable to properly accommodate your needs, we will not confirm your booking and/or if you did not give us full details at the time of booking, we will treat it as cancelled by you when we become aware of these details. Cancellation charges in accordance with clause 6 will apply.

6.    CANCELLATION and AMENDMENT BY YOU:
If you wish to make any changes to your arrangements after they have been confirmed, including if you wish to cancel all or some of them, you must inform us in writing as soon as possible. Your notice requesting a change or cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. We can’t guarantee that changes can be met, although we will do our best to assist. Since we incur costs in cancelling or changing your arrangements, all such changes and cancellations will be subject to the charges set out below. Where we are unable to assist with making a requested change, and you do not wish to proceed with the original booking we will treat this as a cancellation by You.

If we are able to make the changes an amendment fee of £10.00 per person with a maximum charge of £25.00 per booking will be payable plus any additional charge for the facilities requested. Any significant alteration after the balance due date will be treated as a cancellation of the original booking and will be subject to the cancellation charges detailed below. A significant alteration would include a change of departure date, holiday or hotel, or number of people travelling.
You must also return any tickets or vouchers that you have received. A reduction in room occupancy may increase the charges for the remaining passengers by the application of supplements for low occupancy of rooms.

Scale of Cancellation Charges

Period before departure within which written cancellation is received    Cancellation charge as a % of total cost
More than 95 days                                                                                                                                  DEPOSIT
95 Days - Departure Date                                                                                                                     100%

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Please ensure that your insurance policy covers the total cost of your holiday for cancellation purposes.

If your arrangements are a package and if any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements, including an agreement to these booking conditions) providing we are notified in writing not less than seven days before departure and you pay an amendment fee and meet all costs and charges incurred by us and/or incurred or imposed by us or any of our suppliers. Both you and the person to whom you would like to transfer your arrangements shall be jointly and severally liable for the payment of any balance due and for any additional fees, charges or other costs arising from the transfer. If you are unable to find a replacement, cancellation charges as set out below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
You may cancel your package arrangements in the event that circumstances amounting to unavoidable and extraordinary circumstances (as set out in clause 8) occur at the place where your arrangements are due to be performed or its immediate vicinity. In this event you will receive a refund of any payments made if the performance of your arrangements will be significantly affected by the unavoidable and extraordinary circumstances but this is the maximum extent of our liability and we regret we cannot meet any other expenses or losses you may incur as a result.

7.    CANCELLATION and AMENDMENT TO A PACKAGE(s) BY US:
Where we refer to a ‘price reduction’ in this clause, we mean (in relation to packages only) that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you).

Where we refer to ‘compensation’, (in relation to packages only) we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity. Compensation and price reductions are always subject to the limitations and exclusions in section B of clause 9.

Because we plan your arrangements many months in advance, in some circumstances we must reserve the right to make changes to them and cancel them.

Changes and cancellations to our packages before departure
Most changes will be insignificant. If we make an insignificant change to the main characteristics of our package arrangements we will notify the change to you as soon as reasonably possible before your departure but we will not notify you about any other insignificant change. We will have no other responsibilities to you in respect of any insignificant changes.

Occasionally, we have to make a significant change. A significant change is one where we or our suppliers significantly alter any of the main characteristics of your arrangements. Examples of significant changes include the following changes when made before departure;
a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away;
a change of outward departure time resulting in the overall length of time you are away being reduced by twenty four hours or more.; or
a change of UK departure point to one which is substantially more inconvenient for you.
Where we or our supplier can no longer fulfil any special requirements that we have accepted and confirmed on our confirmation invoice and this will have a significant impact on your arrangements.
Where we increase the price of your arrangements by more than 8% of the price of your arrangements (excluding any insurance premiums, amendment charges and/or additional services).
If we have to make a significant change or cancel before departure, we will contact you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:-
i. (for significant changes) agreeing to the changed arrangements,
ii. accepting the cancellation or terminating the contract between us and receiving a refund (without undue delay) of all monies paid; or
Iii. accepting an offer of alternative arrangements of comparable standard from us, if available.
(In the event that any proposed change or alternative offered results in a reduction or increase in the price you have agreed to pay or an increase or decrease in the quality of arrangements we have agreed to provide, we will also notify you of any price reduction or additional amount due).

You must notify us of your choice within 7 days of our offer. If you fail to do so, we will contact you again, re-iterating the above choices and sums payable or refundable and if you again fail to respond within 7 days, we may terminate the contract and refund all payments made by you without undue delay.

Where you choose to accept a cancellation or terminate your arrangements following our notification to you of a significant change, we will pay you a refund of all monies paid without undue delay and subject to the following exceptions we will where appropriate give you a price reduction or pay you compensation subject to the limitations and exclusions in section B of clause 9.
We will not pay you compensation where:-
i)    we make a significant change or cancel before you have paid the final balance of the cost of your arrangements;
ii)    we make a significant change or cancel as a result of unavoidable and extraordinary circumstances as set out in clause 8;
iii)    we cancel your arrangements no later than 20 days before they are due to start because the minimum number of participants to run them has not been reached.
We will not pay you compensation and the above options will not be available where:-
i)    we make an insignificant change;
ii)    we cancel as a result of any failure by you (including a failure to make payment in accordance with these terms);
iii)    where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Changes and cancellations to our packages after departure
If we become unable to provide a significant proportion of our package arrangements after you have departed, we will try to offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract. If the alternative arrangements we make are of a lower quality than those you originally booked, we will give you a price reduction. You may reject the proposed alternative arrangements only if they are not comparable to what we originally promised to provide or if the price reduction we offer is inadequate.

Where we are unable to make suitable alternative arrangements or you reject the proposed alternative arrangements in accordance with the paragraph above, where appropriate, we will give you a price reduction and/or compensation subject to section B of clause 9. Where our original agreement included return transport we will also provide you with equivalent transport back to your place of departure without undue delay or additional cost. Where we are unable to ensure your return as agreed because of unavoidable and extraordinary circumstances defined in clause 8, we will bear the cost of necessary accommodation if possible of equivalent category for a period not exceeding (a) 3 nights per traveller (exceptions apply in respect of persons with reduced mobility and people travelling with them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we have been notified of their particular needs at least 48 hours before the start of the package); or (b) where a different period is specified in any passenger rights legislation applicable to the relevant means of transport for your return, for the period specified in that legislation.

8.    UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES:
Except where otherwise expressly stated in these booking conditions we will not be liable or give you a price reduction or compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances beyond the control of the party who seeks to rely on them which we or the supplier(s) of the service(s) in question could not avoid even if all reasonable measures had been taken. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute unavoidable and extraordinary circumstances.

9.    OUR RESPONSIBILITY TO YOU:
Where we refer to a ‘price reduction’ in this clause, we mean (in relation to our packages only) that we will give you an appropriate reduction in the price you paid for the arrangements affected for any period during which there was lack of conformity, (unless that lack of conformity is attributable to you).

Where we refer to ‘compensation’, (in relation to our packages only) we will pay you appropriate compensation without undue delay for any damage which you sustain as a result of any lack of conformity. Compensation and price reductions are always subject to the limitations and exclusions in section B of this clause 9.

A.    Our responsibilities differ according to what you have booked:
In relation to bookings of our packages
We accept responsibility as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we or our suppliers fail to arrange or perform your arrangements in accordance with our agreement, we will remedy any resulting lack of conformity. If that is impossible or entails disproportionate costs (taking into account the extent of the lack of conformity and the value of the arrangements affected), we will instead pay you compensation subject to clause B of this clause. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

Please note that it is a condition of our acceptance of the responsibility above that you inform us and the supplier concerned without undue delay of the lack of conformity you perceive; and allow us a reasonable period in which to remedy it.

In relation to all other bookings We have a duty to select the suppliers of the services making up your booking with us using reasonable skill and care. Except as stated otherwise in these terms, we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers using reasonable care and skill, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

B.    Limitations of responsibility
In these terms and conditions, our responsibilities are and payment of compensation is limited as follows:-
We will not be responsible or pay you compensation for any lack of conformity injury, illness, death, loss, damage, expense, cost or other claim of any description if 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 your arrangements and which were unforeseeable or unavoidable; or
(c)    Unavoidable and extraordinary circumstances as set out in clause 8. 
We will not be responsible or pay you a price reduction or compensation:-
a)    for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book while away, or any service or facility which your hotel or any other supplier agrees to provide for you.
b)    for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; or that relate to any business.
Any price reduction or compensation that is payable will be calculated taking into consideration all relevant factors for example (but not limited to):-
(a)    whether or not you have followed the complaints and notifications procedure as described in these conditions. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(b)    the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your arrangements.
(c)    deduction that we must make to take account of any money which you have received or are entitled to receive from any transport provider or hotelier for the complaint or claim in question.
(Please also note that 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.)

Luggage or personal possessions and money
The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money 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 assumed to have adequate insurance in place to cover any losses of this kind.
Claims covered by an International Convention
When arranging transportation for you, we rely on the terms and conditions contained within any applicable International Conventions. The extent of or the conditions under which compensation is to be paid or liability accepted will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask us for copies of these Conventions.
Any other claims which don’t involve injury, illness, death or damage caused by us or our suppliers intentionally or negligently; or other liability that can’t be limited by law
The maximum amount we will have to pay you in respect of all such claims is three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your arrangements.
Assistance to those on our packages in the event of difficulty or unavoidable and extraordinary circumstances
In respect of our packages, we will provide appropriate assistance without undue delay in the event that you experience difficulty including where you are unable to return to your agreed point of departure because of unavoidable and extraordinary circumstances as set out in clause 8. Such assistance will extend to providing appropriate information on health services, local authorities and consular assistance; and helping you to make distance communications and to find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused by you intentionally or as a result of your act or omission.

10.    FINANCIAL SECURITY FOR PACKAGES
The Package Travel, Package Holidays and Package Tours Regulations 1992 require travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. TML Travel Group Limited is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel, Package Tours Regulations'' all passengers booking with TML Travel Group Limited are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. Your money is fully protected and is held within an independent Trust Account, managed by Protected Trust Services Ltd of 307-315 Holdenhurst Rd, Boscombe, Bournemouth BH8 8BX and its Trustees, chartered accountants - Elman Wall Ltd of 8th Floor, Becket House, 36 Old Jewry, London EC2R 8DD.

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 or will receive a refund of the money you have paid for an advance booking. For further information go to the Protected Trust Services website: https://www.protectedtrustservices.com/consumer/

11.    COMPLAINTS:
If you experience difficulty whilst away or perceive that your arrangements do not conform to those you have booked, please inform the relevant supplier (e.g. your Tour Manager, accommodation provider) without undue delay so that they can take steps to assist you or put things right. You should also complete a Holiday Report Form, which is available from the driver/representative. You will be given a copy of this report, which you should keep. If, on your return from holiday, you remain dissatisfied you should write within 28 days to: The Director, TML Travel Group Limited, 38 Croome Drive, West Kirby, Wirral, CH48 8AH, giving your booking reference number, departure date and enclose the Holiday Report Form, which you completed at the time. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and could affect your rights under our agreement. All complaints that are received are thoroughly investigated and customers are kept informed at each stage of the investigation. Sometimes the investigations can take time when awaiting a response from the Hoteliers. We can normally agree on an amicable settlement of the few serious complaints we receive, if the complaint is found to be genuine. Please note that correspondence received between June and September may take us longer to respond to. In the event that your complaint remains unresolved following our complaints procedure, you may wish to refer the matter to the European Commission’s Online Dispute Resolution Platform which can be accessed using the following link: http://ec.europa.eu/odr.

12.    PASSPORTS, VISAS AND HEALTH REQUIREMENTS:
It is your responsibility to ensure that you are in possession of all necessary and up-to-date travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation and/or provide personal details as may be required. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
Those passengers with a non- British passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which you are intending to travel. For European holidays you should obtain a completed and issued form EHIC prior to departure. If you are a British citizen travelling outside the United Kingdom you must have a full UK passport valid for a minimum of three months after your scheduled date of return. The name on the passport must match the name on the ticket. If someone in your party changes name after the booking is made you must tell us immediately, so that we can issue the ticket in the new name.

You should take up-to-date health advice about the health precautions you will need to take prior to departure. Information on health is contained in the Department of Health’s leaflet (Health Advice for Travellers) which can be obtained by telephoning 020 7210 4850. Further information can be obtained by visiting www.hpa.org.uk
The Foreign & Commonwealth Office has up-to-date advice on health and safety across the globe, as well as local laws, and passport and visa information. Please check https://travelaware.campaign.gov.uk/ regularly for updates ahead of travel, as the advice can change.

13.    CONDITIONS OF SUPPLIERS:
The services which make up your arrangements are provided by independent suppliers whose terms and conditions will apply. These terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant terms and conditions are available on request from ourselves or the supplier concerned.

14.    PASSENGER BEHAVIOUR:
It is your responsibility to ensure that you and all members of your party do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage). If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our agents and/or our suppliers (e.g. including representatives on their behalf such as hotel managers, airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our agents and suppliers, including terminating your arrangements, in which case our and our agents’ and suppliers’ responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.

15.    DELAY
Your travel insurance may cover you for some delays. In addition where you are delayed for more than six hours in any one day we will seek to minimise any discomfort and where possible, arrange for refreshments and meals.