The booking of package holiday services (the Services) is regulated by these general conditions (the T&C) and by the general conditions of use of this website (the Website). The Services on the Website are provided by Bravonext SA (a Swiss company which belongs to the lastminute.com group and is based in Chiasso, Vicolo de'' Calvi 2) (hereinafter "Bravonext), that is a member of ABTA (number Y6407). The use of the Services implies the Consumer''s acceptance of the General Conditions set out below and of the General Conditions of Use of the Website. Under these T&C, the credit or debit card payment processing services for goods and/or services booked/purchased on the Website are provided by Bravonexts parent company lastminute.com NV (a Dutch company, with company number 34267347) on behalf of Bravonext. With this goal in mind, and in particular with an eye towards protecting data used to complete payment, the Company utilises codification and tokenization techniques (complying with security standards established by the Payment Card Industry - PCI), meaning your information is protected by alternative alpha-numeric codes that protect from incorrect use by non-authorized third parties.
By accessing the Website and accepting the General Terms and Conditions, Users also declare that they are over the age of 18 and have the ability to act.
The combination of travel services offered to you is a package within the meaning of the Package Travel Regulations.
Therefore, you will benefit from all EU rights applying to packages. Bravonext S.A. will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Bravonext S.A. is required to have a protection to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
The online booking/sale of package holidays, via the Website, that include services to be provided either in the UK or abroad, is governed by Swiss law and/or the law of the country where the User (as defined in section 4) resides, and in any event with the law applicable to the User and/or in accordance with the application of such foreign law by virtue of private international rules.
The Organiser (as defined in section 4) and the Vendor (as defined in section 4) of the package holiday must be authorised to carry out their respective business in accordance with applicable administrative regulations. Bravonext has obtained such authorisations.
Bravonext provides full ABTA financial protection for all its Train + Hotel
bookings.
For Train + Hotel bookings, financial protection is provided by Bravonext
that is a member of ABTA (number Y6407). This means that if Bravonext is
unable to provide the Services for reasons of insolvency and the trip can
no longer go ahead, the User will be entitled to a refund if they are yet
to travel and hotel costs and transport home if they are abroad. In
addition to financial protection, ABTA Members are also bound to comply
with the ABTA Code of Conduct, which ensures high service standards and
fair terms of trading.
For the purposes of these T&C:
a) the Organiser is the party that undertakes, in its own name and in
return for a lump-sum price, to provide package holidays to a User,
offering the combination of elements referred to in section 5 below;
b) the Vendor is the party that, even if not professionally and not for a
profit, sells or undertakes to provide to a User: (i) a package holiday
created pursuant to section 5 below, in return for a lump-sum price; or
(ii) individual travel services;
c) the User is the principal contractor or any person to whom the
principal contractor agrees to purchase the package (the other
beneficiaries) or any person to whom the principal contractor or any of
the other beneficiaries transfers the package (the transferee).
A package holiday is defined as follows: A package holiday is an
all-inclusive trip or holiday, resulting from the pre-set combination of at
least two of the following services, which are sold or offered for sale at
a lump-sum price and which last more than 24 hours or a period of time that
includes at least one night:
• transportation;
• accommodation;
• tourist services that are not ancillary to transportation or
accommodation, and that are a significant part of the package holiday.
When a User books a package holiday, they are entitled to receive a copy of
the contract of sale of the package holiday. A copy of the contract is
emailed by Bravonext when confirming the User''s booking.
The User is also entitled to receive a copy of the travel documents
relating to their package holiday, which will be emailed by Bravonext to
the User 48 hours before the departure of their package holiday.
By law, the Organiser is required to provide certain technical data to
Users (which is set out at the end of these T&C). This mandatory
information includes:
• details of the Organiser''s public liability insurance policy;
• period of validity of the catalogue or of the out-of-catalogue programme;
• terms and conditions for passenger replacement;
• parameters and criteria for price adjustment.
The Organiser will also give Users the details of the actual carrier/s that
will provide the transportation in their package holiday.
The booking request made by a User via the Website, after reading and
accepting these T&C, is an irrevocable contract offer for a period of
three days for the booking of the package holiday chosen by the User. The
User accepts these T&C on behalf of all the people interested in the
booking.
The User is required to duly provide to Bravonext all data required for the
purchase and payment of their booking.
The User''s booking is deemed accepted, and thus the contract is concluded,
only when the User receives from Bravonext a confirmation email. The User
is always required to report, during the booking process, any special needs
or conditions that they have (pregnancy, food intolerances, disability,
etc.), and to specify their requests for any corresponding personalized
services. Bravonext does not guarantee that any special requests made by a
User will be catered for by the relevant supplier(s) of the package
holiday.
During the check-in at the hotel, customers may be required to present a valid credit card as a form of guarantee, even if the hotel is prepaid. Bravonext cannot be held responsible for any consequence if customers fail to provide a valid credit card if required by the hotel.
Unless otherwise specified during the booking process, by booking a package
holiday, a User is required:
a) In case of booking request is made more than 40 days before the
departure date (excluding the 40th day), pay the total price or a deposit
equal to 25% of the total price of the package holiday and the balance at
least 30 days before the departure date. The payment for the balance will
be charged directly to the credit or debit card used to make the booking,
unless the User requests to pay with an alternative credit or debit card by
contacting us before the due date, following the instructions communicated
via e-mail.
b) In case of booking request is made 40 days or less before the departure
date, pay the total price of the package holiday in single or multiple
instalments, by choosing one of the payment methods shown on the Website at
the time of booking. In case of choosing to pay in several instalments, the
balance must be paid in full within 72 hours of receiving an email from
Bravonext accepting the User''s booking request. The payment of the balance
will be charged directly to the credit or debit card used to make the
booking, unless the User requests to pay with an alternative credit or
debit card by contacting us before the due date, following the instructions
communicated via e-mail.
Under these T&C, the credit or debit card payment processing services
for goods and/or services booked/purchased on the Website are provided by
Bravonexts parent company lastminute.com NV (a Dutch company, with company
number 34267347) on behalf of Bravonext. With this in mind, and in
particular our responsibility towards protecting User data provided to
complete the payment, the Company utilises codification and tokenization
techniques (complying with security standards established by the Payment
Card Industry - PCI), meaning your information is protected by alternative
alpha-numeric codes that protect from any unauthorised use by third
parties.
In the event a User submits a booking request in line with paragraph a) or b) above, any booking requests that are not accompanied by the balance of the entire price of the package holiday may not be satisfied by Bravonext. However, the receipt by Bravonext, even in part, of the price of the package holiday makes the Users booking request irrevocable.
Non-payment of the total price for the package holiday within the required deadline automatically triggers Vendor''s termination of the contract with the User. Following this contract termination, the Vendor may retain the amount paid by the User at the time of booking as an advance of the damages incurred, typically established at the rate of 90% of the total price of the chosen holiday package. The User gives their full consent to Bravonext to directly charge the card used for the booking, to recover the difference between the amount paid for the booking (deposit) and the remaining penalty
If the User''s booking is not confirmed by the Organiser, Bravonext will promptly notify the User and will refund them for the amount paid for the package holiday booking. In the case of credit card payments, the amount refunded to the User will be paid back directly into the credit card used by the User when making their booking.
Points a) and b) shall not apply in all cases in which the payment of one of the services included into the tourist package must be made directly to the service provider.
In the instance where the company needs to pay you any money due to you for any reason, the company will pay the
corresponding amount via the same payment method you used when making your reservation. In case it is not possible
to carry out the payment using the stated payment method, the company will contact you to ask for your bank details and
will carry out the payment via the method indicated by you.
If you do not provide Bravonext with your bank details, it will retain the corresponding amount with all due diligence for a
period of 12 months from the date on which the company requested your bank details from you. If you do not provide the
company with your bank details within 12 months of this date and the company has not been able to carry out payment of
the amount owing to you, the company will return the amount to you in the form of a discount voucher. This voucher may
be used to make a booking on any website of the lastminute.com group within the 12 months following its issue. This
discount voucher is non-transferable and cannot be exchanged for money. Once the discount voucher has been issued,
you will not be able to request the payment of the refund in cash. Keep in mind that the amount held by the Company
does not in any case constitute your right to any type of interest.
Unless otherwise specified in the offer, offer prices do not include:
- Insurance policies, of which the premium (price) is specified before
order confirmation;
- Departure tax charged by certain countries, which is to be paid in cash
on site at check-in;
- Excess baggage charges due depending on airline regulations;
- Parking charges at airports;
- Visa charges and expenses for administrative and medical formalities that
are mandatory for the trip: vaccination, medical care and treatments, etc.;
- Tourist tax;
- Single supplements, of which the price is specified before order
confirmation;
- Meals not included in the chosen package and those consumed during
stopovers;
- Beverages consumed during meals (including bottled water if the hotel
does not have potable water);
- Charges for phone calls;
- Visits and tours, tickets for museums and monuments;
- Activities that are not free of charge;
- Personal expenses;
- Mandatory tipping in some countries;
- Tips usually given to tourist guides and/or drivers.
According to Directive (EU) 2015/2302 the prices of package holidays, as specified in the offer/booking
information published on the Website, may be changed by Bravonext up to 20
days prior to the date of departure, in the event that there are changes
in:
• transportation costs, including fuel and insurance costs;
• exchange rates applied to the package holiday in question; and/or
• fees and taxes for certain types of tourist services such as charges,
landing fees, disembarking or boarding fees in ports and airports.
To calculate these changes, reference will be made to the standards chosen
by Bravonext as reported in its Technical Data.
Any changes to the price of a package holiday may also be communicated
after Bravonexts confirmation of the User''s booking request.
Any request relating to the baggage by the User will incur an extra cost specified before the payment transaction.
Finally we inform you that Bravonext works tirelessly to ensure that our Services are as precise as possible and we do not make any errors or omissions on our Site. Nonetheless, Bravonext may publish a price that is obviously erroneous. In these cases, when Bravonext identifies an error in pricing published on the Site, it reserves the right to cancel the booking, including when it has already been confirmed. In these cases, Bravonext will notify you of the error and rectify the price on the Website as soon as possible.
Before the date of departure of a package holiday, if the Organiser or
Vendor needs to significantly change one or more elements of the contract
they will give immediate written notice to the User, specifying the type of
change and the ensuing new price of the package holiday.
If the User does not accept the proposed change referred to above, the User
may either receive a refund of the sum they have paid for the package
holiday, or enjoy an alternative package holiday in accordance with section
12.
The User may exercise the rights specified in the paragraph above even when
the package holiday is cancelled due to the number of participants being
lower than the required minimum number as is indicated on the Website, or
to force majeure and unforeseeable circumstances, related to the package
holiday they have purchased.
In case of cancellations due to reasons other than force majeure,
unforeseeable circumstances, an insufficient number of participants or the
User''s non-acceptance of the alternative package holiday offered to them,
the Organiser that cancels the package will refund to the User an amount
that is double the specified percentages (which percentages vary in
accordance with the timing of the cancellation of the package holiday) that
are outlined in paragraph 7 of the Technical Data, which is set out at the
end of these T&C
If the Organiser is unable to provide, after the User''s departure, an essential part of the package holiday services covered by the contract, for any reason other than a reason attributable to the User, the Organiser will be required to provide alternative services, at no extra cost to the User; if the services supplied are of a lower value than those originally purchased by the User, the Organiser will refund the User the difference. If it is not possible for the Organiser to provide alternative services, or if the services provided by the Organiser are rejected by the User for serious and justified reasons, the Organiser will provide, at no extra cost, an equivalent means of transport to the one originally purchased by the User and return the User to the place of departure or to a different place as agreed by the parties, in accordance with means/place availability, and will refund the User for the difference between the cost of the services originally purchased and that of the services actually performed until the date of the User''s early return from the package holiday.
In the event that a User wishes to cancel their booking, they may be
replaced on the booking by another person provided that:
a) the Vendor is notified in writing at least 4 working days before the
date of package holiday departure, receiving a simultaneous notice
indicating the details of the transferee;
b) the transferee meets all the conditions for the use of the package
holiday service and, in particular, all passport/visa/health certificate
conditions;
c) it is possible for the same package holiday services or other substitute
services to be provided to the transferee; and
d) the transferee pays back to the Vendor any additional costs borne by it
in order to facilitate such replacement of the package holiday booking, to
the extent such costs have been notified to the transferee prior to the
transfer. The transferor and transferee are jointly and severally liable
for payment of the balance of the purchase price and of the amounts
referred to in this paragraph d). Additional terms and conditions for the
replacement of Users are set out in the Technical Data.
The User may withdraw from the contract for their package holiday without
any penalty, in the following cases:
a) there is an increase of more than 8% in the purchase price of the
package holiday, as regulated by section 8 above; or
b) there are significant changes in one or more elements of the package
holiday contract that can be objectively regarded as fundamental for the
purposes of enjoyment of the package holiday when taken as a whole, which
are proposed by the Organiser after the contract is concluded but before
the departure date, and such changes are not accepted by the User.
In the above cases, the User may:
• enjoy an alternative package holiday, at no extra cost, and receive a
refund for any price excess if the value of the replacement package holiday
is lower than the package holiday they originally purchased; or
• be refunded solely for the portion of the purchase price that has already
been paid by the User.
The User shall give the Organiser notice of their decision (whether to
accept the alternative package holiday, or to withdraw from the contract
and receive a refund of the portion of the purchase price already paid)
within two working days of receipt from the Organiser of the notice of the
price increase or change to the package holiday they originally purchased.
Failing the Organisers receipt of an express notice within the said
timeframe, the Organiser''s proposal is deemed to be accepted by the User.
In addition, except as otherwise provided by these T&C, the User cannot
withdraw from or automatically cancel bookings and/or purchases of Services
made via the Website (an option that is sometimes available in case of
distance and off-premises contracts). The User does not have the automatic
right to withdraw from or cancel their booking or purchase under the UK
Consumer Protection (Distance Selling) Regulations 2000, or other
equivalent or replacement consumer legislation that may apply from time to
time, because parts of this legislation do not apply to contracts for the
provision of accommodation if the contract provides for a specific date or
period of performance.
Other than in the cases listed in this section, in the event that a User
withdraws from the package holiday contract prior to the date of departure,
the User will be charged (regardless of any deposit that has been paid)
the amount of any individual management costs incurred in connection with
such withdrawal, as well as any individual standard cost that each Supplier
can request for each element that makes up the package. The User gives
their full consent to Bravonext to directly charge the card used for the
booking to recover these costs. The same sums shall be paid by Users who
cannot travel due to the absence or irregularity of their personal
documents required for foreign travel. Any cancellations requested by the
User will incur an extra £30 per person charge.
All passengers are required to check for any applicable travel updates
affecting their package holiday by referring to the authorities in charge
of providing information on the regulatory and administrative measures in
force in their destination country. In the event that passengers fail to
check this information, the Vendor and/or the Organiser will not be liable
for the non-departure of the package holiday. Users will inform the Vendor
and the Organiser about their nationality and, at the time of their
departure, they will make sure that they hold the vaccination certificates,
passports, visas and any other valid documentation required for all
countries included in the package holiday, as well as any stay/transit
visas and any health certificates which may be required.
In addition, in order to evaluate the health and safety conditions in the
destination countries and therefore the Users likely actual enjoyment of
the services purchased or to be purchased, the User is required to collect
official information from the competent authorities of their own country,
checking whether the authorities advise against travel to the destination
countries included in the package. Users will also act in accordance with
ordinary prudence and care standards and with the specific standards in
force in the destination countries of the package holiday, with any
information provided by the Organiser and with any regulations,
administrative or statutory rules related to the package holiday. Users
will be accountable for all damages caused by them to the Organiser and/or
Vendor as a result of the User''s non-compliance with the obligations
referred to in this section 14.
The User is required to provide the Organiser with all documents,
information and data in his possession to enable the latter to exercise its
right of subrogation vis-à-vis any third parties responsible for damages,
and the User is accountable to the Organiser for any prejudice to this
right. The Foreign & Commonwealth Office have up-to-date advice on
staying safe and healthy abroad. We recommend that you check the
FCO Travel Aware website
. For more on security, local laws and the latest travel information, visit
the section Foreign travel advice of the
FCO Travel Aware website
. The advice can change so check regularly for the latest information.
The User shall duly provide all data required and necessary for the Websites booking and payment processes, and will give written notice to the Organiser, at the time of making their booking, of any personal requests they may have, which may be the object of specific agreements on travel conditions provided that these requests can be satisfied.
The User is at all times required to inform the Vendor and the Organiser of any special needs or conditions (pregnancy, food intolerances, disability, etc.), and to specify their requests for any corresponding personalized services. The Organiser does not guarantee that any special requests made by a User will be catered for by the relevant supplier(s) of the services.
Information about the official hotel classification is given on the Website only where it is expressly and formally indicated by the competent public authorities of the country where the hotel is located; in the absence of an official classifications recognized by the competent public authorities of the relevant country (including any EU-country), it is established by the Organiser according to its own quality assessment standards.
The suitability of the hotel for people with reduced mobility will be specifically indicated in the offer.
The Organiser is liable for damage caused to the User by reason of its
total or partial failure to provide the contracted package holiday
services, regardless of whether these are supplied by the Organiser itself
or by third party suppliers, unless it proves that such failure is
attributable to: (i) the User (including acts taken autonomously thereby,
in the course of the supply of the package holiday services); (ii)
circumstances that go beyond the supply of the contracted package holiday
services; (iii) unforeseeable circumstances; (iv) force majeure; or (v)
circumstances that the Organiser itself could not, according to
professional diligence standards, reasonably foresee or resolve.
The Organiser is not liable in any event for the User''s inaccurate or
incomplete supply of their personal data during the booking and purchase
process, or for personal data that is inaccurately communicated by the User
to Bravonext''s staff. Therefore, the User is exclusively liable for any
consequences arising from the inaccurate or incomplete recording of such
data or from its inaccurate or incomplete communication.
If the User independently modifies and / or deletes one or more elements included in the tourist package, Bravonext will not assume further responsibilities as an Organiser and the elements that made up the tourist package will be considered as separate services.
The compensation payable by the Organiser will not in any case exceed the
indemnities provided for in international conventions, in relation to the
package holiday services whose non-performance gives rise to the
Organisers contractual or non-contractual liability: namely, the Warsaw
Convention 1929 on international carriage by air, as amended in 1955 at The
Hague; the Berne Convention (CIV) on carriage by rail; the Paris Convention
1962 on the liability of hotel keepers; the Brussels Convention 1970 (CCV)
on the Organiser''s liability. In any case, compensation for damages other
than personal injuries will not exceed the amount of "2,000 gold Germinal
Francs for damage to property" and 5,000 gold Germinal Francs for any
other damage".
If the original text of the above mentioned conventions is amended, or if
new international conventions on the services covered by package holidays
come into force, the compensation limits laid down in the laws in force at
the time of the damage will apply to a Users contract.
ly.
The Organiser shall assist the User in accordance with professional care standards solely in relation to its statutory and/or contract obligations. Without prejudice to the cases of strict liability regulated by special rules, the Organiser and the Vendor are not liable for non- or inaccurate performance of a package holiday contract where this is attributable to the User or to an unforeseeable or unavoidable third party factors, or to unforeseeable circumstances or force majeure.
Any failure arising during the performance of a package holiday contract shall be promptly reported by the User in order to enable the Organiser, its local representative or the tour guide to remedy it in a timely manner.
If the package holiday purchased on the Website includes insurance policies that cover costs arising from cancellation of the package holiday, accidents and baggage claims, these will be subject to the general conditions set out by the insurance company, which may be consulted directly on the Website.
All offences related to prostitution and child pornography, even where committed abroad, are punishable with imprisonment.
The T&C and the relationship between the User and Bravonext are
governed, to the extent permitted by the applicable law, by Swiss law. To
the extent permitted by the applicable law and international agreements,
the parties agree that any dispute arising from the T&C will be
submitted to the exclusive competence of the ordinary courts where
Bravonext is based.
Bravonext reserves the right to summon the User before the competent courts
of the User''s domicile. The T&C and the relationship between the User
and Bravonext are governed, to the extent permitted by the applicable law,
by Swiss law.
The following Technical Data is an integral part of these T&C.
1. Technical organization: Bravonext SA, Vicolo de'' Calvi, 2, 6830 Chiasso,
Switzerland A Swiss travel agency, that is a member of ABTA (number Y6407
).
2. Generali SA Tour Operator and Travel Agents Public Liability Insurance -
Policy number 22768570 - in accordance with Swiss law.
3. The validity of package holidays may be checked on the Website.
4. The name of the carrier operating the transportation of a package
holiday is indicated online in the details of the package holiday and will
be specified again in the travel documents that you will be given prior to
departure; Bravonext will give you prompt notice of any changes to the
carrier.
Transport conditions differ according to the carrier and may be viewed by
clicking on the link shown in the confirmation email.
5. Official, general information on foreign countries, including
information on security (including health security) conditions and the
documents required for foreigners'' access, is provided by the competent
authorities in the User''s country. Since this information may be changed
and updated, the User is required to check its official version, by
consulting these sources, before purchasing their package holiday.
6. Any change requested by the User after confirmation of the services
included in the package holiday will incur an extra £30 per booking. Any
cancellation requested by the User will incur an extra £30 per booking.
7. In case of bookings made over the phone Bravonext will charge following additional surcharge: up to 2% extra
subject to the product selected and is included in the final price quoted to you over the phone
Contracting Party - The Customer acknowledges and agrees that:
(i) Travelscape, LLC or VacationSpot, SL is the supplier to the Customer in
respect of any EU E-Collect Room (means a booking for which a room price,
taxes and hotel fees are collected from the Customer by Bravonext SA on
behalf of EAN or its Corporate Affiliates at the time of the Transaction);
(ii) in the case of rooms booked as part of a Packaged Product, Bravonext
SA shall operate as the merchant of record and Travelscape, LLC or
VacationSpot, SL shall be the supplier to the Customer and
(iii) the applicable third party travel supplier is the supplier in respect
of any other EAN Travel Products.
Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018
• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the Organiser reserves the right to a price increase, the traveler has a right to a price reduction if there is a decrease in the relevant costs.
• Travelers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travelers are entitled to a refund and compensation where appropriate.
• Travelers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
• Additionally, travelers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.