Agency Terms and Conditions

Holidayhypermarket.co.uk is a trading name of TUI UK Retail Limited (We/Us/Our), part of the TUI Travel Plc Group of Companies, having its Registered Office address at TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL and registered in England and Wales under number 1456086.

We act only in the capacity of an agent on behalf of the Tour Operator, Airline, Hotel Companies or other Principal that is providing your travel component (Provider). Your contract will be with the Provider and you will be subject to their terms and conditions. These are available on-line (on the Provider’s website), or if they are a Tour Operator in a printed format in their brochure. These can be sent to you, if requested, prior to a booking being confirmed or along with your booking confirmation. By confirming your booking you are accepting the Provider’s terms and condition and these Agency terms and conditions. We will do our best to assist you with any issues you may have with the proper performance of the contract with the Provider, however this should be taken up with the Provider directly. We will do our best to assist you, but will have no liability in relation to the performance of that contract.

The Package Travel, Package Holidays and Package Tours Regulations 1992 require the Tour Operator to provide security for the monies that you pay for the package holidays booked with them and for your repatriation in the event of their insolvency. The Tour Operators featured on our website do this through the ATOL financial protection scheme administered by the Civil Aviation Authority. For more information visit the CAA’s website at www.caa.co.uk. ATOL protection is provided by the Civil Aviation Authority, and applies to customers who book and pay for air Package Holidays in the UK.

All travel components which we feature are not an offer by us to sell any travel component, but an invitation to you to make an offer to the Provider. We are free to accept that offer on behalf of the Provider or to reject it.

Holidayhypermarket.co.uk is not a Tour Operator but an agent for the Provider.

Our Agency Terms and Conditions are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.

We are members of ABTA, The Travel Association. ABTA Number K8641.

We act as Agents for ATOL protected Tour Operators. You will receive your ATOL confirmation invoice from your Tour Operator.

Abbreviations

Pricing

Whilst we endeavour at all times to keep our pricing as accurate as possible, and whilst all our prices are updated regularly, usually on an intra-day basis, and displayed in good faith, prices displayed by our holiday locator search engine should still be seen as a guide price only. All holidays and flight details are subject to availability and price variation. A final price will be given prior to your holiday being confirmed. Errors are rare but can occur in the pricing system and these cannot be honoured.

Transfers

Some Tour Operators include the cost of the transfer from the arrival airport to the resort accommodation, and back, in the holiday price. Others do not, but consider the transfer an option which can be pre-booked for an extra fee.

Allocation on Arrival

You may choose to purchase a last minute holiday where the Tour Operator chooses your resort and/or accommodation on arrival at the destination airport. This may include an accommodation that has not previously appeared in a brochure or on their website.

Accommodation Ratings

The ratings displayed on the Holiday Hypermarket website are as advised by the Provider. These will usually be the ratings given as a guide to properties by the Tour Operator using their own criteria. They may not confirm with the national rating standards, either UK-based, or local to the destination. We will not be held responsible for any incorrect ratings.

24 hour clock

All times shown are based on the 24 hour clock and are local.

Ages

The age of children relates to the whole of the period when they are away including the day of return. If a child’s birthday takes place while the child is away on holiday, including the return day, then the new age must be stated at the time of booking. Travel may be refused if the date of birth according to the child’s passport differs from the age on the tickets.

Tickets

Tickets are normally sent to the customer by post 14 days before the date of departure. If you have not received your tickets 7 days prior to the date of departure please contact our Customer Services department. For TOD’s (ticket on departure) see below.

TOD - Ticket on Departure

If you have booked within 21 days of the departure date then tickets cannot normally be sent to you by post. Instead they can be collected from the appropriate ticket desk at your departure airport. For this you will need the Providers booking reference as stated on your booking confirmation, or provided to you at the time you book. You may be required to pay a fee for this service, and this is payable at the time of booking.

Car Hire

You will need to produce the driving licence of all drivers when you collect your car. Various countries and car rental companies have different policies with regards to age and driving records. All convictions for driving offences must be declared. Additional insurance cover over and above the legal minimum is recommended when renting cars, especially in the USA. Please check with your Car Hire Provider for their requirements and terms and conditions.

Insurance

You will need to take out a suitable insurance policy for your holiday party, including infants and children. Some hazardous activities may require additional coverage – please check with your insurance provider. It may be a term of your contract with the Provider that you take out suitable insurance cover and inform the Provider of whom you are insured with so that they can take down your Insurers details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.

If you are going on holiday in the European Economic Area you will also need to get a European Health Insurance Card – visit www.ehic.org.uk. This card is not instead of, but as well as, adequate travel insurance. The European Health Insurance Card may not be accepted in private medical centres onboard cruise ships. Please check with your Cruise Provider.

As of 1st May 2010, to enter Cuba you must have in your possession a copy of a valid travel insurance policy, with proof of medical insurance, on arrival at the airport. You’ll find full details of this policy at http://www.cubaminrex.cu/english/LookCuba/Articles/Others/2010/06-04.html.

Payment

Some holidays may only require a deposit at the time of booking for you to secure your holiday. Any outstanding balance of your holiday is due to be paid to Holiday Hypermarket at least 12 weeks prior to date of departure. You can do this by calling our Customer Services department.

Payments can be accepted by credit or debit cards registered in the United Kingdom or Northern Ireland and can only be made by the card holder or with the card holder’s approval. When making your payment by card a handling fee may apply, please check this at time of booking.

You can also pay cash at any Thomson Shop or send a printed Building Society Cheque or Bankers Draft to Holiday Hypermarket, 2nd Floor, Dunedin House, Stockton on Tees, Cleveland, TS17 6BJ. Cheques should be made payable to TUI UK Ltd.

If you do not pay your balance 12 weeks prior to departure, we will notify the Provider who may cancel the booking and charge any cancellation fees as set out in the Provider’s terms and conditions.

Cancellation and Amendment

Any cancellation or amendment request must be sent to us in writing by the lead passenger and will not take effect until received by us. If you cancel or amend your booking the Provider may charge a cancellation or amendment charge shown in their terms and conditions (which may be 100% of the cost of the travel arrangements).

Booking Fee

Our best deals are always online. However, should you need help; our sales team are available to assist you with your booking. All bookings made over the telephone incur a £15 per booking service fee.

Documentation

Once you receive your documentation from the Provider, please check this carefully to make sure that all details are correct and also ensure that the names given are the same as in the relevant passport. If you believe anything is not correct, please contact us. Please ensure you check this documentation so that you are fully aware of timings, durations, departures and accommodation details. If you are unsure about any aspect of your holiday please contact our Customer Services department.

Delivery of Documentation

All documents (e.g. invoices/tickets/Insurance policies) that need posting will be sent to you by post, otherwise they will be emailed to you. Please ensure that you have provided us with the correct details. Once documents leave our office we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you.

Passports and Visas

All British citizens require a valid 10 year British passport for travel outside the United Kingdom and Northern Ireland, Infants and children also require a valid 5 year British passport. Some destinations require at least 6 months validity remaining on the passport from the date of return. For the latest details of any travel restrictions, entry and stay requirement, visa and travel advice to your particular destination, visit the Foreign Office website at www.fco.gov.uk/travel or call 0845 850 2829 or visit the Passport Service website at www.ips.gov.uk for passport information before booking or travelling.

** Certain suppliers include Visas and /or Cuban Tourist Cards in the cost of your package holiday. Please check with us prior to purchasing these.**

We recommend that you check before you book as it is your responsibility to ensure that all members of your party have valid passports, visas, health vaccinations and insurance cover for the travel being undertaken. Failure to obtain any necessary documentation may result in your party being refused travel.

Please take special note that for all air travel within the United Kingdom and Northern Ireland, airlines require photographic identification. Please ask us for further information.

Charter Airlines are not allowed to carry certain nationals to and from their country of origin. This is due to the licensing law restrictions with overseas aviation authorities. Some other restrictions may also apply, please check with your Airline, Embassy, High Commission or Consulate prior to booking.

Advance Passenger Information and ESTA for US Travel

Advance Passenger Information (API) – Certain authorities have introduced a legal requirement for airlines to provide border agencies with detailed passenger information for international flight. The United Kingdom system is known as E-Borders. Passengers are required to provide Advance Passenger Information (API) in advance of travel to their airline or Tour Operator between 6 months and 24 hours before departure. Your airline or Tour Operator will provide you with information on how to do this.

ESTA for US Travel – You will need to register for Electronic Travel Authority (ESTA) before you go. To apply visit https://esta.cbp.dhs.gov. There will be a charge of US$14.00 which you need to pay by card when you apply. Without ESTA authorization you may not be allowed to board your flight, you could be delayed during security processing or denied entry into the United States. That said, these documents don’t guarantee entry into the United States. As with most countries, immigration officials make the final decision. If you are denied entry, you still may need to pay cancellation charges for your holiday. If you are changing your name on your passport – for example, if you’re getting married – it’s best to register for ESTA using your maiden name if your new passport doesn’t start until 72 hours before your departure, otherwise you may not get authorization to travel.

Health

It is the responsibility of all passengers to ensure that prior to travel they have taken all the necessary health precautions applicable to their chosen destination. Advice about destinations can change; therefore please consult with your doctor at least 2 months before your departure, as some treatments (e.g. Malaria) should begin well in advance of travel. For bookings within 3 weeks of departure, please consult your doctor. Other sources of information include the Department of Health’s free leaflet Health advice for Travellers (0800 555 777), your doctor, a specialist travel clinic or MASTA (Medical Advisory Services for Travellers Abroad 0208 994 9874).

Passengers Requiring Special Assistance

Holiday Hypermarket should be advised of any special assistance, needs or requirements for any passengers in your party at the time of booking. For example, the requirement for wheelchair assistance or medical conditions that may affect your travel; you must notify us so that we can pass this information on so that suitable arrangements can be made. It is also advisable to speak to someone before making a booking online to ensure that your choice is suitable. You can seek advice from Holiday Hypermarket Customer Services department.

Guides

The copyright and database rights of all data contained in the Guides pages of the Holiday Hypermarket website are entirely the property of TUI UK Limited. Although every effort has been made to ensure that the information displayed is entirely complete and accurate, TUI UK Limited accepts no liability for any injury to persons, or any loss or damage to property caused by errors or omissions in the data displayed, whether they result from negligence, accident or any other cause.

Competitions and Prizes

These terms and conditions as set out above are equally applicable to all passengers travelling on any competition prize, through this website or any third party. It is the responsibility of the competition winner to seek medical advice and information on health requirements in relation to the prize destination and to ensure that they are suitably insured for travel. No cash alternative or substitute prize is available in place of the competition prize.

Complaints

As your contract is with the Provider, all complaints should be addressed to them but we will do our best to assist you with any queries or concerns you may have relating to your travel arrangements. If you have a problem whilst on holiday, this must be reported to the Provider, their local supplier or representative immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. If you wish to complain when you return home, please write to the Provider. You will see their contact details on the confirmation documents we send you. We will of course do our best to assist you if required.

Lowest Online Price Guarantee

We advertise our lowest on line price guarantee with all Major Tour Operators (except Thomas Cook Group) and this applies for like for like package holidays only. We constantly monitor all Operators to ensure we have the lowest online price. If you can find a price cheaper we will honour it providing the quote is sent to us on your travel agents letter head or a print out from the Tour Operators website. As holiday prices change throughout the day we can only price match like for like dates at time of booking.

Governing Law

This website has been designed for use within the United Kingdom. By accessing this website you are agreeing that the Courts of England will deal with any disputes which may arise between you and us, and that English law shall be the applicable law.

Non-commercial Use Only

You may only use this website for your own personal use (which will at all times be reasonable and not abusive) or for purposes legitimately connected with purchasing our products and services.

You are not allowed to access, use or copy any material or information on this website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this website except that you may print off any individual page for your own personal use.

Ownership and Use of Material and Information on Our Website

This website displays brands, trademarks and registered trademarks which are registered in the UK and/or other countries and which belong to us. Other product and company names mentioned on this website are proprietary to their respective owners. You are not licensed to use any of the marks on our website unless written permission is granted, and you may not meta tag any of these marks.

Unless otherwise stated, we own (or are licensed to use) the intellectual property rights in the content and information in this website, including (without limitation) all text, sound, photographs, images, logos, videos, 360°maps, podcasts, blogs, customer reviews, graphics, design, underlying source code and software. Subject to the “Non-Commercial Use Only” section above, material and information, either whole or in part from this website may not be reproduced, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our and/or the appropriate owner’s prior written permission.

Links

If you wish to include links to our website, unless you have written permission, you may only do so to our homepage. This website contains links to external websites. These links are provided so you can find out further information quickly and easily. Please note we are not responsible for the content of these websites.

Data Protection and Privacy Policy

It is necessary for us to take certain information from you, including your name, address and financial details in order to confirm your booking. We will provide your personal information, as well as any personal information you provide in relation to other persons who form your booking Party, to suppliers and carriers who might be located outside the UK and/or EU to enable the operation of the services requested with you. By confirming your booking you consent to such disclosure of personal information. Financial and contact information will not be passed to any third party. We recommend that you view our Data Protection Policy. For full details of our Data Protection and Privacy Policy, please click here.

Online Brochure Content

Holiday Hypermarket displays a range of information throughout the booking process concerning the specifics of your chosen travel component or Package Holiday. In every instance this information is supplied by the Provider and is subject to change entirely at their discretion. Particular consideration should be given to special offers, such as free child places, which can, and do change without notice. We cannot be held responsible for errors or omissions in the holiday or other travel product descriptions.