Booking Terms & Conditions

Colletts Travel

Corporate Travel Services – Booking Terms & Conditions

 

1. ABOUT US

 1.1 Who we are. We are Colletts Travel Limited, a company registered in England and Wales. Our company registration number is 01714349 and our registered office is at 79 Brent Street, London, England, NW4 2EA. Our VAT number is GB371017776. We operate the website www.collettstravel.com.

 1.2 How to contact  us. You can contact us by telephone on +44 1706 334 400 or by writing to us at the postal address in clause 1.1.

 1.3 How we may contact  you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provide to us.

1.4 Writing” includes e mails.  When we use the words “writing” or “written” in these terms, this includes emails.

2. THESE TERMS

2.1  What these terms  cover. These are the terms and conditions which, alongside the Framework Agreement, govern our provision of travel management services to businesses or persons acting for a trade, business, craft or profession, who are seeking to book travel arrangements in connection with that trade, business, craft or profession.

3. INTERPRETATION

3.1 The following definitions and rules of interpretation apply in these Agency Terms:

 Colletts Travel, we, us, our: Colletts Travel Limited, as specified at clause 1.1.

 Agency Terms: these Corporate Travel Services – Booking Terms & Conditions.

 Agreement: the Framework Agreement, these Agency Terms and any accompanying Schedules.

 Booking: a confirmed booking for the Travel Arrangements made by us under your instruction.

 Booking Confirmation: the confirmation provided by us to you (on behalf of the Travel Provider) confirming a Booking has been made and signifying the creation of a booking.

 Booking Contract: the contract between you and the Travel Provider for the provision of the Travel Arrangements in accordance with the Booking.

 Booking Services: Colletts Travel’s travel management services in sourcing, booking and arranging the Travel Arrangements on behalf of the Client.

 Charges: the sums you are liable to pay for the Travel Arrangements, pursuant to the Booking.

 Client, you, your: a person seeking to make a booking for Travel Arrangements under these Agency Terms, and all persons named on the Booking (and  where applicable, all guests using the Travel Arrangements).

End-Date: The check-out date, or last day of the Travel Arrangements and any stipulated room check-out times.

Extras: Additional services provided to you during your stay by the Travel Provider or their associates to include but not limited to: Mini-bar, meeting room hire, gym usage, Wi-Fi usage, room service, equipment hire, meals etc.

Framework Agreement: the general framework agreement signed by both parties for the booking of corporate travel services by Collett’s Travel on behalf of the Client.

Service Fee(s): the fees payable by the Client to Collett’s Travel for the provision of the Booking Services, as set out in the Framework Agreement or otherwise agreed in writing between the parties from time to time.

Start Date: the check-in or start date for the Travel Arrangements, and any stipulated room access times.

Travel Arrangements: the accommodation, transport, car hire, excursions, facilities and services (or any of them either individually or in any combination) provided by or on behalf of the Travel Provider.

Travel Provider: the third-party supplier of the Travel Arrangements, or any persons acting on their behalf.

4. OUR SERVICE

4.1  Our agency  Status . Collets Travel acts as the Client’s agent in providing the Booking Services, in order to help you arrange and pay for Travel Arrangements. Accordingly, the Client appoints Colletts Travel to act as its agent and authorises Colletts Travel, acting as its agent, to: (a) confirm Bookings in the name of the Client; (b) in respect of each Booking, conclude a contract in the name of and on behalf of the Client with the relevant Travel Provider; and (c) remit payments to the Travel Provider on behalf of the Client, in respect of each Booking.

4.2 Our role. We do not supply the Travel Arrangements ourselves but act as an agent on your behalf and in accordance with your instructions. When we make a Booking on your instruction, we will enter you into a separate contract with the Travel Provider who will be named on the Booking Confirmation. Your Booking will be subject to the Travel Provider’s terms and conditions, in addition to these Agency Terms.

4.3 Our contract. These Agency Terms and the Framework Agreement (together the “Agreement”) govern the contractual relationship between you and us under which we provide you with the Booking Services. They apply to the exclusion of any other terms and conditions that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

4.4 The Booking Contract. In respect of each Booking the Booking Contract for the provision of the Travel Arrangements will be between you and the Travel Provider, on the Travel Provider’s terms and conditions. We are not a party to the Booking Contract, nor shall we have any responsibility to you for the provision of the Travel Arrangements. The Booking Contract will relate only to the Travel Arrangements confirmed in the Booking Confirmation.

4.5 General agreement. The parties agree that this Agreement shall be considered a “general agreement” for the purposes of business travel exemption within the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR”) and the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012 (“ATOL Regulations”). Accordingly, the Travel Arrangements sourced and booked by Colletts Travel as part of its provision of the Booking Services are exempt from the scope of the PTR and the ATOL Regulations and the Client and/or Client personnel is not afforded any of the rights provided by the PTR or ATOL Regulations. Furthermore, the Client and/or Client personnel is not protected under Colletts Travel’s Air Travel Organiser’s Licence (ATOL) or other means of financial protection.

5. MAKING A BOOKING

5.1 Placing your Booking. You should contact us via telephone or email to request us to provide the Booking Services. When doing so, making such a request you should provide us with as much information as we reasonably request to enable us to provide the Booking Services and to make a Booking of Travel Arrangements on your behalf. Should the Travel Arrangements requested by you be available, we shall place a booking request for the Travel Arrangements with the relevant Travel Provider on your Please note that all Travel Arrangements are subject to availability.

5.2 Booking Confirmation. Should the booking request be accepted by the Travel Provider, the Travel Provider will issue a Booking When the Travel Provider issues the Booking Confirmation, the Booking is confirmed and a separate contract between you and the Travel Provider shall exist. The Booking Confirmation represents a binding legal obligation on your behalf to pay the Charges.

5.3 Checking details. It is your responsibility to check the Booking Confirmation. You should check the dates, times, the location of the Travel Arrangements, the applicable cancellation policy as well as any specific requirements you may have. If anything is incorrect, please inform us without delay. You are responsible for ensuring that your Booking and Booking Confirmation is complete and accurate.

 5.4 Availability. All Travel Arrangements and rates are subject to availability and changes. In the event of a rate or availability change we will endeavour to notify you as soon as we are made aware by the relevant Travel Provider. Rates may be average rates based on the total duration of the stay and any adjustments to the length of the stay are likely to be subject to the rates applicable on the added or cancelled days, in accordance with the terms and conditions of the relevant Travel Provider, at the time the change is made.

6. CANCELLATIONS & AMENDMENTS TO BOOKINGS

6.1 Booking amendment and cancellation requests by You

(a) If you wish to cancel or amend a Booking or any part thereof, you must advise us immediately.

(b) Cancellations and amendments can only be accepted in accordance with the Travel Provider’s terms and conditions and will be subject to the Travel Provider’s applicable policy on cancellations and amendments. You will be liable to pay any cancellation or amendment charges, or price increase imposed by the Travel Provider.

(c) We reserve the right to charge you an administration fee for dealing with your amendment or cancellation requests.

(d) If you are unable to check-in on the Start Date, you must notify us as soon as possible as the Travel Provider will often be entitled to treat this as a “no-show” and cancel your Booking without further reference to you.

(e) Subject to the Travel Provider’s terms and conditions, you may be charged the Charges for the full period of your proposed stay as set out in the Booking Confirmation, even if you or your booking party (or any number of them) depart prior to the End Date.

6.2 Amendment or Cancellation by the Travel Provider

(a) We will inform you of any changes or cancellations made to a Booking by the Travel Provider as soon as reasonably possible after we receive notification of the same from the Travel Provider.

(b) If, as part of any such amended or cancelled Booking, the Travel Provider offers alternative arrangements or a refund, you must inform us whether you wish to accept the alternative arrangements or a refund within the time frame stipulated.

(c) Where no alternative arrangements are offered by the Travel Provider, or you, acting reasonably, reject the alternative arrangements, we shall assist you in sourcing alternative arrangements, at your request.

(d) Collets Travel accepts no liability for any changes or cancellations made by the Travel Provider to any Booking or Travel Arrangements.

6.3 Refunds and credit notes.

(a) Credit notes or refunds (if any) issued for cancelled Bookings may only be issued upon you returning the relevant documentation relating to the Booking and are subject to the terms and conditions of the Travel Provider.

(b) If any cancellation or refund requires the consent of or calculation by the relevant Travel Provider, then payment of the Charges will remain due and payable under clause 6 and any sum refunded by the Travel Provider will only be credited to you when we receive it from the Travel Provider.

(c) If you are unsure as to the cancellation and/or refund provisions of a Booking or the charges levied by a Travel Provider, then clarification should be sought from us.

7.  CHARGES & PAYMENT

(7.1) In consideration of the provision of the Booking Services by Colletts Travel, the Client shall pay the Service Fees to Colletts Travel, on a per Booking basis.

(7.2) You are responsible for paying, in full, all sums payable to the Travel Provider for in respect of each Booking. If full payment of such sums is not received by the applicable due date, we reserve the right to notify the Travel Provider who may refuse to confirm your Booking, or if a Booking has been confirmed, may cancel your Booking and charge the cancellation fees set out in the Travel Provider’s terms and conditions.

(7.3)You are obliged to pay each invoice submitted to you by Colletts Travel within such time frame as is notified to you on the invoice (or on receipt of the invoice, if no timeframe is stated) unless we agree a different time frame with you in writing to a bank account nominated in writing by Colletts Travel from time to In any instances where our normal payment terms do not apply, we will notify you accordingly.

(7.4) We may receive commission payments from Travel Providers in consideration for booking Travel Arrangements with the Travel Provider. In no circumstances shall the availability (or lack) of such commission influence our decision to use a particular Travel Provider.

(7.5) You and/or your guests are responsible to pay for any Extras which are charged by the Travel Provider. Normally these Extras will need to be paid for prior to the End If for any reason the Travel Provider charges us for any Extras, you agree to indemnify us against these charges and to discharge any invoice we may issue to you relating to them.

(7.6) You will pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may, at any time, without limiting its other rights or remedies, set off any amount owing to us as against any monies which we may be obliged to pay to you.

(7.7) The Charges are exclusive of Where VAT is payable in respect of some or all the Booking, you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

8. INDEMNITY

8.1 In this clause, a reference to Collets Travel shall include Collets Travel’s subsidiaries and group companies, and the provisions of this clause shall be for the benefit of Collets Travel and each such subsidiary and group company and shall be enforceable by each such subsidiary and group company, in addition to Collets Travel.

8.2 You shall indemnify Collets Travel against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Collets Travel arising out of or in connection with:

(a) Your breach or negligent performance or non-performance of these Agency Terms or the Framework Agreement.

(b) Your breach or negligent performance or non-performance of the Booking Contract with the Travel Provider, including any breach by you of the Travel Provider’s terms and conditions.

(c) Any costs incurred by you or your guests directly with the Travel Provider, including any additional services purchased directly from the Travel Provider, and any charges imposed by the travel provider due to damage caused by your or your guests’ negligence or behaviour;

(d) The enforcement of the Agreement.

8.3 This indemnity shall not cover Collets Travel to the extent that a claim under it results from Collets Travel’ negligence or wilful misconduct.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will use any personal information you provide to us to:

(a) provide the Booking.

(b) process your payment for Bookings and the Booking Services; and

(c) inform you about similar services that we provide.

9.2 Further details of how we will process personal information are set out in our Privacy Policy.

10.LIMITATION OF LIABILITY

10.1 References in this clause 10 to liability include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

10.2 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

10.3 The Booking Contract is between you and the Travel Provider, and the Travel Provider’s terms and conditions As an intermediary, we accept no responsibility for the Booking Contract or the actual provision of the Travel Arrangements.

10.4 Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:

(a)death or personal injury caused by

(b)fraud or fraudulent misrepresentation; and

(c)breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

10.5 Subject to clause 10.4, our total liability to you in respect of all breach(es) of duty occurring within any contract year shall not exceed the greater of: (i) £10,000; and (ii) 100% of the total Service Fees payable by the Client to Colletts Travel in the contract year in which the breach(es) For the purposes of this clause, a contract year means a 12-month period commencing with the date of the Agreement or any anniversary of it.

10.6 This clause 10.6 sets out specific heads of excluded loss:

(a) subject to clause 10.4 , the types of loss listed in clause 10.6(b) are wholly excluded by the parties.

(b) the following types of loss are wholly excluded:

(1)       loss of profits.

(ii)      loss of sales or business.

(iii)     loss of Agreements or contracts .

(iv)     loss of anticipated savings.

(v)      loss of use or corruption of software, data or information.

(vi)      loss of or damage to goodwill; and

(vii)      indirect or consequential loss.

11. GENERAL

 

11.1 Assignment and transfer.

(a)We may assign or transfer our rights and obligations under the Agency Terms to another entity but will always notify you in writing if this happens.

(b)You may only assign or transfer your rights or your obligations under the Agency Terms to another person if we agree in writing.

11.2 Variation .Any variation of the Agency Terms only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

11.3  Waiver. If we do not insist that you perform any of your obligations under the Agency Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

11.4  Severance .Each clause of these Agency Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

11.5 Third party rights. The Agreement is between you and us. No other person has any rights to enforce any of its terms.

11.6 Entire agreement. The Agreement is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.

11.7 Governing law and  Jurisdiction. These Agency Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Agency Terms to the exclusive jurisdiction of the English courts.

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Colletts Travel and Fortune Travel are trading names of Colletts Travel Ltd, ABTA & ATOL Protected.
Company number: 01714349. Registered address: 79 Brent St, London, NW4 2EA