1. Your Contract with DP&L Travel
When you book a holiday with DP&L Travel, your contract is with DP&L Travel Limited, company number SC035448, with its registered office address at 2B Valentine Court, Kinnoull Road, Dundee, DD2 3QB, trading as DP&L Travel (“we” or “us”). We are a member of ABTA, no. Y3622 and have an Air Tour Operator’s Licence (“ATOL”) no. 10007. All of our holidays are financially protected – see Section 17 (“Your Financial Protection”) for further details.
Your contract is subject to the following terms and conditions. Please read them carefully as you will be bound by them. We recommend that you print off a copy of these terms and conditions and keep them with your booking confirmation.
Your package contract includes all the travel arrangements that we make for you including your hotel stay, car hire and/or transfers, flights and any other travel services that are stated on your booking confirmation (see Section 5 “Booking and Booking Confirmation”).
2. Accuracy/Your Booking
Although all reasonable efforts have been made to ensure the accuracy of the information (including prices) in our email newsletters and quotes, and in our promotional material and printed media, regrettably changes and errors occasionally occur. We will therefore confirm the details of your chosen break (including the price) at the time of booking. Your booking will exist as soon as we issue our confirmation, this booking is made on the terms of these booking conditions. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions.
When making your booking for your package holiday 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 confirmation(s) for whom we act as agent. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them other than as set out in these Booking Conditions. 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.
3. Price and Payment
We reserve the right to alter the price of any holiday, not limited to any pricing error, and we will advise you of the current price of the holiday before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
After your booking is confirmed, we may vary the price of your break solely to allow for variations in: (i) transportation costs including the cost of fuel, (ii) dues, taxes (including VAT) or charges for services such as embarkation and disembarkation fees at ports and airports; and (iii) the exchange rate applied to your break. No price variation will be made less than 30 days before the start of your break and we will absorb part of any increase equivalent to 2% of the original cost of your break.
A non-refundable deposit of £50 per person must be paid at the time of booking. We reserve the right to ask for an additional deposit amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking, in particular where your booking includes a flight. The balance of the price of your break must be paid no later than 10 weeks before the date your contracted break is due to commence (the “Balance Due Date”). In some cases, bookings may require full payment more than 10 weeks in advance of your holiday, in particular, bookings which include flights, however this will be advised to you at the time of booking. Bookings made less than 10 weeks before the date the break is due to commence, must be paid in full at the time of booking. If the deposit, balance or final balance (as applicable) is not paid by the Balance Due Date, we reserve the right to cancel your booking and retain your deposit paid.
The cost of your accommodation does not include any services that you may use or purchase whilst at the accommodation other than those specifically included in the price of your break as set out in your booking confirmation. You must pay the hotel directly for such additional services. These may include spa treatments and any meals and drinks not stated to be included in the price of your break.
We accept the following credit/debit cards: Visa, MasterCard, American Express, Switch, Delta and Connect. Payment may also be made by cheque to DP&L Travel Limited but must be sent to us in reasonable time to ensure cleared funds are in our account prior to the 10-week advance payment deadline. We can also accept payment by bank transfer and details for this can be obtained from your travel consultant.
5. Booking and Confirmation of Booking
You can make a booking for a holiday by either telephoning our Sales office on +44 (0) 1334 474404 or +44 (0) 1382 207040, sending us an enquiry about a break using our “Enquire Now” button on our website or by email to . You must be 18 years or over to make a booking and all bookings are subject to availability.
If you send us an enquiry about a break using our Enquire Now service, we will acknowledge receipt of your enquiry as soon as possible and then telephone or email you with availability and any other details you require. If you want to go ahead and book your break, we will take payment over the telephone.
After we have taken payment, we will then email you (or send by post, if requested) a booking confirmation, which will set out full details of your booking and show any remaining balance to be paid and the date by which it is due. For any type of booking, whether by telephone, by email or online, a contract between you and us will only exist when we issue the booking confirmation. Please check the booking confirmation carefully as soon as you receive it paying special attention to the room type. Please contact us within 72 hours of receiving the booking confirmation if any information appearing on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later.
Where your booking is for more than one person, the lead name will be responsible for the entire booking. As lead name you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these Booking Conditions. The lead name will be responsible for making all payments due to us in accordance with the contract. The lead name is also responsible for keeping all members of his/her party informed as to the booking details and informing us in writing of any amendments to or cancellations of the booking.
6. Cancellations/Amendments by You
If, once the booking confirmation has been issued, you wish to change the numbers of persons in your group booking, transfer your break to another person, or cancel your break, the person who originally booked the break (the lead name) must notify us in writing by email, post or fax.
(1) The following cancellation charges will be payable in respect of a total cancellation of a Booking: -
a) for cancellations up until 70 days prior to the commencement of the holiday, all cancellation charges charged to us by our suppliers in respect of the cancelled holiday will be payable by you to us;
b) for cancellations up until 56 days prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled Tour plus an administrative fee of £25.00 per person will be payable by you to us;
c) for cancellations between 56 days and 28 days (inclusive) prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled Tour plus an administrative fee of £35.00 per person will be payable by you to us;
d) for cancellations between 28 and 14 days (inclusive) prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled tour plus an administrative fee of £50 per person will be payable by you to us;
(2) the full price of the holiday as stated in the Booking will be payable by you to us if: -
a) you notify us between 13 and 0 days (inclusive) prior to the commencement of the Tour that you do not intend to take up the Booking; or
b) You, without prior notice, fail to take up the Booking
(3) In addition to cancellation charges becoming payable by the individuals concerned in accordance with Clauses 1-7 above, if you cancel or fail to take up a Booking which is for a Tour that is to be undertaken by a group, the following shall also apply: -
a) if at any point prior up to 56 days prior to the start of the Tour, more than 40% of the original number of participants in the Tour have cancelled, we reserve the right to amend the total cost of each Booking based on the new number of participants and the resultant revised costing per participant involved in preparation of, and organisation for the Tour. In the event that following preparation by us of this revised costing per participant and subsequent discussion with you, you then wish to cancel the Booking; you shall be liable to pay the full cancellation charges pursuant to Clauses 1-7; and
b) if at any point in the 56 days preceding the day of the commencement of the Tour, more than 40% of the original number of participants in the Tour have cancelled, we, in our sole discretion, shall be entitled to cancel the entire Booking cancelled. You shall then be liable to pay the appropriate full cancellation charges in accordance with Clauses 1 and 2 above.
7. Cancellations/Amendments by Us
Occasionally, we have to make changes to, and correct errors in, our brochures and on our website both before and after bookings have been confirmed, as well as cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will not cancel your booking after the Balance Due Date, except for reasons of force majeure (as defined in Section 15 below) or failure by you to pay the final balance by the Balance Due Date.
Most changes are minor and we will advise you of them at the earliest possible date. Occasionally, we have to make a "significant change" and we will tell you of any such change as soon as reasonably possible if there is time before departure. If we make a significant change or cancel your break, we will offer you the choice of the following options: -
1. accepting the changed arrangements; or
2. purchasing an alternative break from us, if available. (We will try to offer you an alternative break of equivalent or higher standard for which you will not be asked to pay any more than the price of the original break. If we can only offer you an alternative which is cheaper than the original one, we will refund the price difference); or
3. cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
In addition, if we have to make a significant change to or cancel your booking, we will pay you compensation, if appropriate. However, compensation will not be payable and no liability beyond offering the above-mentioned choices is accepted where we are forced to make a change or cancel as a result of force majeure (as defined in Section 15 below) or if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). Any amendment or cancellation fees you incur in terms of other agreements you have made with other providers under separate contracts are not claimable from us.
If any air arrangements included in your booking with us are altered due to force majeure (as defined in Section 15 below), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type of aircraft utilised will be the same as originally booked.
8. If You have a Complaint
If you have a complaint or experience any problems during your break please inform the hotel or supplier concerned as soon as possible who will endeavour to put things right. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. If the matter cannot be resolved locally, please write to our Customer Services Department at, 2B Valentine Court, Kinnoull Road, Dundee, DD2 3QB, giving your booking reference and all other relevant information within 28 days of returning home.
9. Our Liability to You
(1) We promise to make sure that the booking arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted booking arrangements and, in the case of your contracted booking arrangements not being provided as promised or proving to be deficient, that this has affected your enjoyment of your break. Please note it is your responsibility to show that reasonable skill and care has not been used and that your enjoyment of the break has been affected if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be liable for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
1. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party;
2. or the act(s) and/or omission(s) of a third party not connected with the provision of your booking and which were unforeseeable or unavoidable;
3. unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if due care had been exercised; or
4. an event of 'force majeure' (as defined in Section 15 below)
However, in these circumstances we will still provide you with prompt assistance if you are in difficulty.
(3) We do not accept responsibility or liability for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website as being included in the price of your break and we have not agreed to arrange them.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question were properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the UK laws and regulations that would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable customer to refuse to take the break in question.
(5) Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. In addition, where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited in accordance with:
(a) the contractual terms of carriage of the companies that provide the transportation for your break (and such terms are incorporated into this contract); and
(b) any applicable international convention.
Copies of the contractual terms of the suppliers of your break and the applicable international conventions are available from us on request.
Under European regulations, in the event of denied boarding, cancellation or delay to your flight after you have checked in, you may be entitled to compensation from your airline. If you are unhappy with your airline’s response, you may complain to the Air Transport User’s Council (telephone 0207 240 6061). Any entitlement to compensation from DP&L Travel shall be offset by any payment made to you by your airline or third party.
(6) We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description which (a) on the basis of the information given to us by you concerning your booking prior to our confirming it, we could not have foreseen you would suffer or incur if we breached our contract with you and (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we do not accept liability for any business losses, including loss of profit.
(7) You must provide us and our insurers with all the assistance that we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint (see Section 8 “Complaints “above). If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
We are a member of ABTA, with membership number Y3622. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can, however, deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from your holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on ABTA’s website at www.abta.com.
We consider adequate travel insurance to be an essential part of any trip. Details of a comprehensive insurance policy for UK based travellers can be obtained from our reservations department at the time of booking.
For travellers from outside the UK please ensure you have adequate insurance cover in place for your tour.
12. Special Requests and Medical Problems
If you have any special requests, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you or any member of your party has any medical problem or disability that may require assistance, please tell us before you book or if diagnose after you confirm your booking as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
13. Passports, Visa's and Health
We offer guidance on our website on passport and visa requirements for British citizens. It is your responsibility to ensure that you have the correct travel documentation for your destination and we do not accept any liability if you are refused transportation by any carrier or entry into any country due to your failure to carry correct documentation.
If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
The Foreign and Commonwealth Office provides up to date information to help you make an informed decision about travelling abroad. Visit www.fco.gov.uk for further information.
Health requirements for travelling abroad change, and you should check the up-to-date position in good time before departure by visiting the travel advice section on the Department of Health’s website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can advise you on any compulsory health requirements if you are travelling abroad for your break.
In the event of delays to your transportation, the provision of refreshments is governed by the individual operator's policy or in the case of flight delays, by European regulations.
We cannot accept liability for any delays due to arrangements you make for air travel or any other transportation not booked with us. Where you have booked your flights through us as part of your booking, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party (see Section 9(5) above for further details).
15. Force Majeure
In these booking conditions, "force majeure" means any event which we or the supplier could not, even with all due care, foresee or forestall. Such events may include, without limitation, war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics and all similar events outside our or our suppliers’ control.
16. Data Protection
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the personal information you provide such as name, address, and any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information and we will comply with the Data Protection Act 1998. In order to effect your booking, we must pass the information on to the relevant suppliers of your travel arrangements such as hotels, airlines and transport companies. The information may also be provided to security or credit checking companies, credit and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law. This may involve sending your personal information between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If we cannot pass your personal information on to the relevant suppliers, whether in the EEA or not, we cannot properly effect your booking. By providing us with your personal information, you consent to our use of that data as specified.
We may require the name and contact details of a third party whom we may contact in an emergency. It is your responsibility to ensure that the third party consents to the disclosure of the information provided for that purpose.
17. Your Financial Protection
We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number , issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email . 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.
We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For further information, please visit the ATOL website at www.atol.org.uk
18. Governing Law and Jurisdiction
This contract and any dispute, claim or other matter of any description which arises out of or in connection with this contract is governed by and shall be construed in accordance with Scottish law. The Scottish Courts shall have jurisdiction to decide any dispute or claim that arises out of or in connection with this contract, except that you may elect to choose resolution by arbitration under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question) – see Section 10. Copyright © 2018 DP&L Travel
Published 3rd July 2018
DP&L Travel Limited is ABTA bonded (ABTA Y3622)
DP&L Travel Limited is a member of ABTA (The Travel Association), the UK's premier trade association for tour operators and travel agents. Our membership of ABTA acts as an assurance to our customers of the high standards that we offer ensuring you can book with confidence. All the package holidays we sell are covered by a scheme protecting your money in the event of our insolvency. Other services such as hotels or flights on their own may not be protected and you should ask us what protection is available. As a member of ABTA we are subject to the ABTA Code of Conduct. Please visit www.abta.com for further details.
DP&L Travel Limited is ATOL bonded (ATOL 10007)
Many 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. Please ask us to confirm what protection may apply to your booking. 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. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate