GENERAL CONTRACT CONDITIONS FOR THE SALE OF PACKAGE HOLIDAYS

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 Bravonext’s 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

1. REGULATORY SOURCES

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.

2. AUTHORIZATIONS

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.

3. ABTA financial protection

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.

4. DEFINITIONS

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”).

5. PACKAGE HOLIDAYS

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.

6. MANDATORY INFORMATION - TECHNICAL DATA

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.

7. BOOKINGS

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.

8. PAYMENTS

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 Bravonext’s 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 User’s 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.

8.1 PAYMENTS ON THE PART OF THE COMPANY

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.

9. PRICE

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 Bravonext’s 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.

10. PACKAGE HOLIDAY CHANGES OR CANCELLATIONS PRIOR TO DEPARTURE

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

11. CHANGES AFTER DEPARTURE

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.

12. REPLACEMENTS OF USERS

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.

13. USER''S WITHDRAWAL

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 Organiser’s 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.

14. OBLIGATIONS OF USERS

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 User’s 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 Website’s 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.

15. INFORMATION AND HOTEL CLASSIFICATION

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.

16. LIABILITY

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.

17. COMPENSATION LIMITS

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 Organiser’s 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 User’s contract.
ly.

18. ASSISTANCE OBLIGATION

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.

19. COMPLAINTS

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.

20. INSURANCE

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.

21. OFFENSES RELATING TO PROSTITUTION AND PORNOGRAPHY

All offences related to prostitution and child pornography, even where committed abroad, are punishable with imprisonment.

22. GOVERNING LAW AND EXCLUSIVE JURISDICTION

The T&C and the relationship between the User and Bravonext are governed, to the extent permitted by the applicable law, by the law of England. The parties agree to submit to the jurisdiction of the Courts of the consumer's domicile.
We inform you that the European Commission makes available to all citizens of the European Union a platform for resolving online disputes regarding services provided by companies in the European Union (the “ODR Platform”), which can be accessed via the following link: http://ec.europa.eu/consumers/odr. Nonetheless, since the Company is a Swiss business with registered office in Vicolo de’ Calvi 2 - 6830 Chiasso, Switzerland, your dispute is not admissible via the aforementioned platform. For this reason, we invite you to contact our dispute resolution team directly via email and/or phone using the information provided in the confirmation email, so that we can assist in resolving your issue.

TECHNICAL DATA

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.

FORM

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.