We are Shearwater Travel Limited, company number 12325827 and registered office address 20 – 22 Wenlock Road London N1 7GU
These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, apply to your booking with Shearwater Travel.
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “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. If you have any further questions after reading these Booking Conditions then please get in touch with us.
Shearwater Travel Limited is an Accredited Body Member of The Global Travel Group Limited and acts as their agent in connection with the sale of travel products. Unless specified as the operator, The Global Travel Group Limited is the agent on behalf of ATOL Protected Tour Operators and other principals.
Some of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: www.caa.co.uk”
We act only as an agent. When you make a booking your contract (or contracts) will always be with the supplier(s) of the travel services you have booked. Our obligations to you may vary depending upon which arrangements you book with us, and we set them out clearly below.
By making a booking, you agree on behalf of all persons detailed on the booking that
- you have read these Booking Conditions and agree to be bound by them;
- you are over 18 years of age.
When you make your booking you must pay the relevant deposit as specified at the time of booking.
If you believe that any details on the booking summary (or any other document) are wrong you must advise us immediately as it may not be possible to make changes later, you may incur charges to make changes and it may harm your rights if we are not notified of any inaccuracies in any document immediately.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. We will not make any charge for changes to documents, but you will have to pay any charges made by suppliers. Please ensure that the names given are the same as in the relevant passport.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their terms and conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned. We do not make any charges for payments by credit or debit card.
When making your booking we will arrange for you to enter into a contract with the supplier(s) (tour operator/airline or other supplier) named on your booking summary.
As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s terms and conditions will apply to your booking and we advise you to read these carefully as they contain important information about your booking. Please ask us for copies of these if you do not have them.
Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the supplier may charge the cancellation or amendment charge shown in their terms and conditions (which may be 100% of the cost of the travel arrangements). We may collect this on their behalf and you also must pay us any applicable administration charges.
We will inform you of any changes or cancellations by the supplier as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
Our Responsibility for your Booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements.
Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
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.
The contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the 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 supplier as set out in your booking confirmation. We will of course assist you with this if you wish.
Your Financial Protection
Many of the travel arrangements that we sell are protected in the case of the financial failure of the travel company. Please ask us about the protection that applies to your booking. 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.
Please note that ATOL protection is not available for flights with low-cost carriers or where your payment is made direct to airlines. Where necessary, we will add supplier failure insurance to your booking automatically. This protects you by insuring us against the costs of refunding or replacing your booking if a supplier fails. If applicable we will charge an administration fee for supplier failure cover which will be shown on your booking confirmation.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
Accommodation Ratings and Standards
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied. Safety standards in some countries may differ from those applicable in the United Kingdom We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
After registration, on arrival at your accommodation, you will be allocated a room. It is your responsibility to verify the check-in and check-out times directly with your accommodation supplier. Please note that any local taxes and expenses will be payable to your accommodation supplier in resort on check-out.
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. If we are notified of such works we will inform you before you make your booking or within a reasonable time of us being notified.
We are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. You must make all requests before a booking is confirmed.
Delivery of Documents
All documents (e.g. invoices/tickets/Insurance policies) will be sent to you by post or email. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. You must pay any charges made by suppliers if tickets or other documents need to be reissued.
Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check the requirements before you travel. 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 supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 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. Up-to-date travel advice can be obtained from the GOV.UK website.
Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. 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, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Please be aware that the terms and conditions of the supplier will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Suppliers will also often require you to pay for any damage you cause to the accommodation in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
Data Protection and Privacy
The information that you provide to us in making your booking will be passed on to the Global Travel Group and to the relevant suppliers 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 serious crime. 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.
We would also like to store and use your personal data for future marketing purposes. If you do not wish to receive future marketing material, please notify us in writing.
Law and Jurisdiction
These terms of business are governed by English law and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Date of Terms & Conditions 07/04/2021