1. YOUR HOLIDAY BOOKING IS WITH STA TRAVEL LIMITED
In these terms and conditions, references to "STA Travel", "we", "us" or "our" mean STA Travel Limited (our registered office is at Priory House, 6 Wrights Lane, London, W8 6TA and our company number is 01263330). References to "you", "your" and "your party" are references to you and all of the persons named in your booking.
2. WHEN THESE TERMS WILL APPLY
2.1 These terms apply to bookings made from the 1st July 2018. These terms will apply to any contract between you and us where we are not acting as the organiser of a package (as defined in the Package Travel and Linked Travel Arrangements Regulations 2018 (the Package Travel Regulations)).
2.2 Our agreement with you will be on the basis of our Package Terms – www.statravel.co.uk/booking-terms-and-conditions-post-july-1-2018-package.htm if:
(i) you book a trip with us which lasts for more than 24 hours and STA Travel combines two or more of the following travel services for the purposes of that trip:
(ii) we have sent your payment and contact details to a third party provider of these travel services and you enter into a contract with them for the same trip within 24 hours after agreeing a contract with us, then.
2.3 In all other cases, these Non-Package Terms will apply to your agreement with STA Travel. This includes cases where you have booked one of the travel services listed in paragraph 2.2 from STA Travel and then another from a third party (even if STA Travel has directed you to that third party).
3. YOUR AGREEMENT WITH US
3.1 These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. tour operator/airline/cruise company/accommodation company) named on your receipt(s). In doing so, we act as an agent and accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them.
3.2 The principal’s(s’) or supplier’s (s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. When you make a booking, you confirm that, as the lead name, you have the authority to accept and do accept, on behalf of your party, these terms and conditions and those of any other suppliers of travel services applicable to your booking.
3.3 Our Terms of Business are 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.
3.4 By advertising the travel arrangements which we provide or sell and discussing them with you, we are not making an offer to sell those travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it. A booking will exist as soon as we issue our confirmation invoice.
4. YOUR TRAVEL BOOKING AND YOUR PERSONAL INFORMATION
4.1 When a booking is made all details will be provided to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details may incur charges. Please ensure that the names given are the same as in the relevant passport.
4.2 The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. You acknowledge that as part of your booking, we will process personal information that you provide to us about you and other members of your party (and you confirm that you have the right to provide us with personal information about other members of your party) for the purposes of performing our obligations in relation to your booking (which includes, but is not limited to, giving your personal information to airlines, other suppliers of travel services and public authorities (such as customs or immigration) (together "Travel Suppliers") where this is required for the fulfilment of your arrangements).
4.3 The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or dietary and religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. 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.
5. YOUR FINANCIAL PROTECTION
5.1 Unlike the package holidays we sell, if you buy a single travel service from STA Travel this may not come with protection for your money. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
5.2 If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company, you will NOT benefit from rights applying to packages under the Package Travel Regulations 2018.
5.3 Therefore, we will not be responsible for the proper performance of the individual travel services. In case of problems please contact the relevant service provider.
5.4 However, if you book any additional travel services during the same visit to or contact with our company, the travel services will become part of a linked travel arrangement. In that case we have, as required by the Package Travel Regulations, protection in place to refund your payments to us for services not performed because of our insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
5.5 We have taken out insolvency protection with ABTA – The Travel Association (membership number V1958). You can contact ABTA – The Travel Association at 30 Park Street, London, SE1 9EQ; firstname.lastname@example.org; if services are denied because of our insolvency. Note: This insolvency protection does not cover contracts with parties other than with us, which can be performed despite our insolvency. You can find more information here: www.abta.com on the insolvency protection which STA Travel has in place.
5.6 A copy of the Package Travel Regulations can be found at: https://www.legislation.gov.uk/uksi/2018/634/contents/made
6. DEPOSITS AND PAYMENT
6.1 We may at our discretion operate a low deposit scheme in respect of certain bookings. Under the low deposit scheme the price of your ticket will be guaranteed upon receipt of the deposit. Once the deposit is paid, any changes to your itinerary will incur change penalties or loss of deposit. The low deposit is non-transferable. Only available on new bookings. We will advise you of the date that full payment is required.
6.2 All prices shown are ‘from prices’ and we reserve the right to alter the prices of any of the products shown in our brochure.
6.3 STA Travel do not accept cash or personal cheques as a method of payment. No charge is made for payments made by credit or debit card. After full payment, if we are your Booking Agent or Airline Ticket Agent, the conditions of the contract with your airline or other supplier of travel services may permit them to increase the cost of your arrangements. We will pass on the details of any such increase to you and we will collect the additional amounts from you on behalf of the airline or other supplier of travel services (as their agent).
7.1 Our general practice is to send documents to our customers electronically whenever possible. We reserve the right to charge a postage fee should you make a request for such documents to be sent as hard copy.
7.2 Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage etc.
8. CANCELLATIONS AND CHANGES
If we are your Booking Agent or Airline Ticket Agent, your contract with your airline or other supplier of travel services may permit them to cancel or amend bookings. We will ensure that you are promptly notified of any significant changes to your booking, but we accept no liability for any changes or costs incurred which may result.
9. IMPORTANT NOTE - CHANGES BEYOND OUR CONTROL
9.1 Compensation will not apply if a significant change is made for reasons beyond our control. These reasons include (but are not limited to): war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar event.
9.2 If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the UK, we will contact you by email to advise you of this. Please ensure that you have given us your contact email address and that you regularly check for messages before you leave. We have no control over airline schedule changes and we accept no liability for costs which may arise as a result of such changes. After you have left the UK, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
10. OUR RESPONSIBILITY FOR YOUR ARRANGEMENTS
10.1 Nothing in this section or elsewhere in these terms and conditions is intended to or shall operate to exclude our liability for performance of our obligations under the Package Travel Regulations and/or the ATOL Regulations.
10.2 In all circumstances, we will not be liable where any failure in the performance of the contract is due to: you (including, without limitation, unacceptable behaviour by you); or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or the other suppliers of travel services, even with all due care, could not foresee or forestall.
10.3 Except as otherwise stated in these terms and conditions, any relevant international convention and in cases involving death or injury caused by our negligence or fraud, we have no liability to you for the actual performance of the services by the other suppliers of travel services unless it is proved that we have breached our duty to select the suppliers with reasonable care and skill and damage to you has been caused as a result of that breach.
10.4 Please note that any other suppliers of travel services who provide services as part of your arrangement may also limit their liability to you. We cannot accept responsibility for any services which do not form part of the contract between you and us. As such, you are advised to read the terms and conditions of any other suppliers of travel services who are supplying services to you.
10.5 You can ask for copies of the suppliers' terms and conditions, or the international conventions, from the relevant supplier or from us by contacting Customer Relations, STA Travel, St Georges House, 56 Peter Street, Manchester M2 3NQ. Or email your request to us at https://customercare.statravel.com/hc/en-us
11. IF YOU CHANGE YOUR BOOKING
11.1 Where a change to your travel arrangements is permitted and possible, the STA Travel service fees starting form GBP 45 applies in addition to any additional supplier charges. Please see the FAQ pages on www.statravel.co.uk for details of how to request changes. Please note that all reservation changes are subject to availability and the terms and conditions of the services purchased. Changes to name details are not allowed by many airlines and other suppliers of travel services. Whilst we do our best to make such a change if necessary, please bear in mind that most airlines and other suppliers of travel services treat a name change as a cancellation, to the conditions and cancellation charges per booking confirmation apply. If you enter the incorrect name and the airline will accept a name correction, an STA Travel fee of GBP 45 will apply plus any applicable airline/supplier fee.
11.2 Flights must be taken in the sequence they appear on your ticket or e-ticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
12. IF YOU CANCEL YOUR BOOKING
12.1 If you cancel your arrangements, you may be entitled to a partial refund. In addition to any cancellation fees set out in any supplier of travel services' terms and conditions (which may be 100% of the cost of the travel arrangements), we will also charge the cancellation fees outlined on your receipt. We need to receive written notification of cancellation and your original ticket/voucher from you before any refund can be considered. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable. Refunds will only be paid to you once we have received the funds back from the relevant supplier of travel services. Generally flight tickets cannot be refunded if they are partially used. If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
12.2 If the person paying for the booking (the paying customer) is different from the travelling customer, and the paying customer wishes to cancel or withdraw the funding of any booked tickets, STA Travel will notify the travelling customer of the paying customer's funding withdrawal and give the travelling customer the option of continuing with the booking, subject to payment of the full cost of the travelling customer’s booked ticket by the travelling customer. If, following this notification, the travelling customer does not pay the full cost of his or her booked ticket, the booked ticket will be cancelled and the amount paid by the paying customer in relation to the booked ticket will be refunded to the paying customer (subject to the relevant supplier of travel services’ terms and conditions and the provisions of previous paragraph of these terms and conditions). Any airline costs/charges associated with the cancellation will be deducted from the refund due to the paying customer. STA Travel will not charge a cancellation fee in these circumstances.
13. IF YOU HAVE A COMPLAINT
13.1 Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. 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 wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us in the UK, either through the office where you made your arrangements, or through https://customercare.statravel.com/hc/en-us.
13.2 If the matter cannot be resolved and it involves us or another ABTA Member then you have the option to use ABTA’s ADR scheme, approved by the Chartered Trading Standards Institute, see www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at https://ec.europa.eu/consumers/odr/. This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved.
14. PASSPORTS, VISA AND IMMIGRATION REQUIREMENTS
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(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. 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.
Travel insurance is an important part of your arrangements. You should take out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We can arrange travel insurance for you and provide you with a quote and answer any queries you may have regarding the insurance we can offer.
16. LUGGAGE AND BAGGAGE INFORMATION
In most cases, we sell products and services as an agent on behalf of airline carriers (Third Party Suppliers). STA Travel has no responsibility for products or services provided by any Third Party Suppliers. We give and make no warranty or representation regarding the standard of services or products supplied by Third Party Suppliers. Luggage and Baggage policies vary from airline carrier to airline carrier therefore if for any reason the airline is unable to provide the product/services you purchased through STA Travel, your remedy lies against the airline and not STA Travel (subject to any applicable legislation). Additional charges may apply by various airline carriers and are subject to change without notice. It is your responsibility to check the rules of the airline carrier initially accepting the baggage will apply. Various airline carriers have baggage embargo where excess, oversized, or overweight bags and all boxes are not permitted during peak periods of travel. Please note that even after full payment, the conditions of the contract between you and the Third Party Suppliers may permit them to charge further costs on baggage and this will depend on your ticket, mileage status and/or class of service.
Please contact the airline carrier directly or visit their website for further information regarding airline carriage conditions, luggage restrictions and baggage allowance depending on your travel arrangements.
17. TRAVEL ADVICE AND VACCINATIONS
17.1 British Citizens should refer to the travel advice posted by the Foreign and Commonwealth Office at www.fco.gov.uk for all the countries you intend to visit. You should take advice about the health precautions you need to take prior to departure.
17.2 Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged necessary vaccinations for your itinerary. Information on health and any vaccinations required to travel is available from your GP and on the Public Health England website: www.gov.uk/government/organisations/public-health-england.
17.3 Alternatively, the STA Travel Clinic offers a full range of travel vaccinations, anti-malarials and expert advice as well as other services for your travel health needs. Locations, open hours and consultation appointments can be viewed/booked online at: www.statravelclinic.co.uk/.
17.4 It is your responsibility to behave in a reasonable and responsible manner over the course of your travels, including abiding by any local laws and by-laws. We reserve the right to immediately cancel any travel arrangements in the event of unruly behaviour towards airline/ hotel / supplier representatives or other guests and you will be liable in full for cancellation charges and the costs of purchasing replacement accommodation and air tickets.
18. EU NOTICE REQUIREMENTS
18.1 Under EU law (Regulation (EC) 2111/2005), we are required to bring to your attention the existence of a ‘Community List’, which contains details of air carriers that are subject to an operating ban within the EU. The Community List is available for inspection at https://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. We are also obliged to notify you of the airline(s) to be used in your booking. For details please see your booking confirmation or itinerary. You will be notified if any carrier changes as soon as possible and in all cases at check-in or at the boarding gate. Please note that a change of carrier is not considered to be a significant change to your arrangements.
18.2 Under EU law (Regulation (EC) 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Details of these rights will be publicised at EU airports and will also be available from your airline. The airlines are responsible for compensating you in these circumstances. Please note that, if affected flights comprise part of a Package arranged on your behalf, any reimbursement from the airline under these regulations will not automatically entitle you to cancel and/or obtain a refund of your Package cost from us. Further information about your rights is available from the CAA www.caa.co.uk.